Can an Advocate engage in any Business or be employee of any person?

Scottish Court Wigs

These are some of the questions that comes into mind of most of us when we are about to join the profession of law. A lot of us do not know whether it is legal to engage in any business or continue employment of our employer while practicing advocacy. I will try to answer these questions.

1. An Advocate cannot personally engage in any business. He may become a sleeping partner in a firm doing business but the nature of the business should not inconsistent with the dignity of the profession[1].

2. An Advocate is not prohibited from becoming a Director or Chairman of Board of Directors of a Company. But, he/she must not perform duties that are of executive character (he/she cannot be a Managing Director or a Secretary of any company). However, the advocate is free to draw from the company any sitting fees for being a director[2].

3. An Advocate cannot become a full-time salaried employee of any person, government, firm or company so long as he continues to practice. If he/she takes up any such employment, he/she will not be allowed to practice as an advocate so long as he continues in such employment[3].

4. However, if an advocate has inherited a family business, he/she is allowed to continue it. But, such advocate cannot personally participate in the management of the family business[4].

5. Also, an advocate is allowed to review Parliamentary Bills for a remuneration, edit legal text books at a salary, do press-vetting for newspapers, coach pupils for legal examination, set and examine question papers[5].

6. Subject to the rules against advertising and full-time employment mentioned in the Bar Council of India Rules, an advocate can engage in broadcasting, journalism, lecturing and teaching subjects, both legal and non-legal.

7. Apart from all the above mentioned exceptions, an advocate can also accept any part-time employment after obtaining the consent of the State Bar Council. Such part-time employment must not conflict with the professional work and must not be inconsistent with the dignity of the profession[6].

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[1] Rule 47 under “Standards of Professional Conduct and Etiquette” of “Bar Council of India Rules”.

[2] Rule 48 under “Standards of Professional Conduct and Etiquette” of “Bar Council of India Rules”.

[3] Rule 49 under “Standards of Professional Conduct and Etiquette” of “Bar Council of India Rules”.

[4] Rule 50 under “Standards of Professional Conduct and Etiquette” of “Bar Council of India Rules”.

[5] Rule 51 under “Standards of Professional Conduct and Etiquette” of “Bar Council of India Rules”.

[6] Rule 52 under “Standards of Professional Conduct and Etiquette” of “Bar Council of India Rules”.