The legal profession is considered to be a noble profession. A lot of tedious work and effort are to be put in, in order to attain justice for the client.
Advocacy requires a lot of focus, intricate reading, and work done to meet up client needs and get court proceedings done. To protect and preserve the profession’s nobility, advocates are subjected to some restrictions.
Earlier people only those who could read and interpret various personal laws such as Hindu, Muslim law were allowed to assist the kings and judges to render justice. An advocate has a law degree and has been permitted by the bar council of India to practice in a court of law.
The Bar Council of India puts various restrictions on advocates such as an advocate cannot take up other employment such as running a business while serving as an advocate.
These restrictions given by the bar council are enumerated from Rules 47 to 52 of Bar Council of India Rules, frames under Advocates Act 1961z
According to Rule 47. An advocate shall not personally engage in any business; he can be a sleeping partner in a firm and do business that is deemed appropriate by the State Bar Council, the nature of the business should not be inconsistent with the dignity of the profession.
According to Rule 48. An advocate may be the Director or the Chairman of the Board of Directors of a Company, provided none of his duties are of an executive character. Advocates are restricted from being a Managing Director or a Secretary of any company.
According to Rule 49. An advocate cannot be a full-time salaried employee of any government, person, firm, corporation or concern, during the reign of his practice. An intimation to the bar council is to be given if he wants to do so. An intimation, thus, will lead to termination of his practice, as long as he continues such employment.
According to Rule 50. An advocate who has inherited, or succeeded by survivorship to a family business may continue it, but not personally participate in the management.
Advocates are permitted to do the following things such as review Parliamentary Bills for a remuneration, edit legal textbooks at a salary, do press-vetting for newspapers, coach pupils for legal examination, set and examine question papers; and subject to the rules against advertising and full-time employment, engage in broadcasting, journalism, lecturing and teaching subjects, both legal and non-legal. (Rule 52)
So, it is necessary for advocates to adhere to the rules given by the bar council of India. Otherwise, they would be subjected to various penalties and would have to bear the consequences. So Advocates cannot do individual business in India.
Article by Apurva Surve – Intern