Can Advocates do business?

The term advocate refers to a legal professional who can represent someone in the court. To be able to do so, Advocates are expected to be well versed with their field of work and stand true to their profession. It requires dedication towards being truthful and committed to the cause. So, Can advocates do business?

An advocate is expected to remain committed to the profession and their client while staying within the legislative boundaries. Hence the profession is termed as “Noble” and the role of an advocate is crucial and critical in the administration of justice.

The glory of a profession depends on its continued and meaningful performance with grace and dignity. Legacy of an institution can not survive on its past accomplishments alone and thus advocates are expected to promote and preserve their professional magnificence.

Chapter II of the Bar Council of India Rules made under Section 49(1)(c) of the Act outlines code of conduct and boundaries with respect to an advocate’s professional liberty.

According to The Advocates Act 1961,

  • An advocate may not partake in any business/firm where they serve as the key management. They may however function as sleeping partners if the State Bar Council approves the business as non derogatory to its point of standing.
  • An advocate is permitted to serve as a company’s director with or without sitting fees. However they are not permitted to function as the managing director.
  • An advocate may not work full-time for any government, corporation, individual or any entity while serving the terms of the Bar Council of India. If they intend to do so, timely intimation to the respective state bar council is required. Therefore their right to practic cases. 
  • If an advocate inherits a family business, they may continue it but may not personally indulge in the management thereof.

An advocate’s name is added in the state roll after they acquire the “Certificate of practice” from the Bar Council Of India and they may then begin practice according to the Advocates Act, 1961.

However, if a law practitioner chooses to take up other practices apart from the approved list, they are required to follow the due diligence with the State Bar Council which results in suspension of their “Certificate of practice”

Avoid these 5 common mistakes to improve your performance in the AIBE exam.

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