Certainly no. Simultaneously not allowed to do so for the sake of the dignity of advocacy as well as to save the spirit of Justice. Since the legal profession is considered a prestigious and Noble profession keeping in mind the provisions and rules of the Indian Advocate Act also not permitted to do so.

Definition:

Section 2(1) (a) – ” Advocate” means an Advocate entered in any role under the provision of The Advocate Act 1961.

If a person fulfils the conditions required for admission as an advocate, he may be enrolled as an advocate by the State Bar Council. The conditions to be fulfilled for being enrolled as an Advocate have been stated in Section 24 of the Advocate Act 1961. An application for admission as an advocate shall be made in the prescribed form to the State Bar Council within whose jurisdiction the applicant proposed to practice. The State Bar Council  is required to refer every application for admission as an advocate to its enrollment committee, which shall dispose of the application in the prescribed manner

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.

Advocates, in addition to being professionals, are also officers of the courts and play a vital role in the administration of justice.

Accordingly, the set of rules that govern their professional conduct arises out of the duty that they owe the court, the client, their opponents and other advocates.

Rules on the professional standards that an advocate needs to maintain are mentioned in Chapter II, Part VI of the Bar Council of India Rules. These rules have been placed there under section 49(1)(c) of the Advocates Act, 1961.

Advocacy requires a lot of focus, intricate reading, and work done to meet 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, and Muslim law were allowed to assist the kings and judges in rendering 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 the Bar Council of India Rules, framed under the Advocates Act 1961.

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 the 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 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.

Can a practising advocate be a partner in the partnership firm?

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.

can advocate act do business in India?

An advocate shall not be a Managing Director or a Secretary of any company. If the functions of the advocate as a member of the Board of Directors is in case executive in nature, then that action would be against rule 48. An advocate cannot run any business personally and earn a profit. Rule 47 strictly prohibits that.

Can an advocate incorporate a company?

Section 7(1)(b) of the Companies Act, 2013, clearly shows that advocates can file documents for incorporation of a company/LLPs.

Can an advocate practice other professions?

As a result, the Bar Council Rules (hereafter referred to as the rules) adopted under section 49(1)(c) of the Advocates Act, 1961 restricted practising advocates from working in other full-time jobs. Members of the profession are regarded as social leaders. 

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.

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

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

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 professional work and must not be inconsistent with the dignity of the profession.

Advocate Acting As Real Estate Agent & Selling Client’s Property Amounts To Misconduct

What Is a Law Consultant?

A Law Consultant is a person who has the ability to advise on legal matters. He can advise you on your rights, duties and liabilities. He will also help you in drafting contracts, wills and any other documents that are related to your case. The job of the Legal Advisor is very important as he helps ensure that all laws are followed by all parties involved in a matter.

He/she helps you to solve your legal problems. They must act in accordance with the law and can only advise on your case. The legal advisor may or may not be a lawyer, so it is imp

Is an advocate an agent of his client?

The advocate appears in court on behalf of the client and pleads as an agent for him. The advocate is the one who appears in court on behalf of the client and pleads as an agent for him. An advocate is a person who practices law and has been appointed by a court of law.

Is an Advocate a real estate agent?

Advocate Acting As Real Estate Agent & Selling Client’s Property Amounts To Misconduct. The Supreme Court recently upheld a decision of the Bar Council of India to suspend an advocate for 5 years for gross professional misconduct after it was revealed that he had acquired a General Power of Attorney from his own client in a property-related case and subsequently sold the property.

1. RULES ON AN ADVOCATE’S DUTY TOWARDS THE COURT

1. Act in a dignified manner

During the presentation of his case and also while acting before a court, an advocate should act in a dignified manner. He should at all times conduct himself with self-respect. However, whenever there is proper ground for a serious complaint against a judicial officer, the advocate has a right and duty to submit his grievance to the proper authorities.

2. Respect the court

An advocate should always show respect towards the court. An advocate has to bear in mind that the dignity and respect maintained towards judicial office are essential for the survival of a free community.

3. Not communicate in private

An advocate should not communicate in private to a judge with regard to any matter pending before the judge or any other judge. An advocate should not influence the decision of a court in any matter using illegal or improper means such as coercion, bribe etc.

4. Refuse to act in an illegal manner towards the opposition

An advocate should refuse to act in an illegal or improper manner towards the opposing counsel or the opposing parties. He shall also use his best efforts to restrain and prevent his client from acting in any illegal, improper manner or using unfair practices in any matter towards the judiciary, opposing counsel or the opposing parties.

5. Refuse to represent clients who insist on unfair means

An advocate shall refuse to represent any client who insists on using unfair or improper means. An advocate shall excise his own judgment in such matters. He shall not blindly follow the instructions of the client. He shall be dignified in the use of his language in correspondence and during arguments in court. He shall not scandalously damage the reputation of the parties on false grounds during pleadings. He shall not use unparliamentary language during arguments in the court.

6. Appear in proper dress code

An advocate should appear in court at all times only in the dress prescribed under the Bar Council of India Rules and his appearance should always be presentable.

7. Refuse to appear in front of relations

An advocate should not enter an appearance, act, plead or practice in any way before a judicial authority if the sole or any member of the bench is related to the advocate as father, grandfather, son, grandson, uncle, brother, nephew, first cousin, husband, wife, mother, daughter, sister, aunt, niece, father-in-law, mother-in-law, son-in-law, brother-in-law daughter-in-law or sister-in-law.

8. Not to wear bands or gowns in public places

An advocate should not wear bands or gowns in public places other than in courts, except on such ceremonial occasions and at such places as the Bar Council of India or as the court may prescribe.

9. Not represent establishments of which he is a member

An advocate should not appear in or before any judicial authority, for or against any establishment if he is a member of the management of the establishment. This rule does not apply to a member appearing as “amicus curiae” or without a fee on behalf of the Bar Council, Incorporated Law Society or a Bar Association.

10. Not appear in matters of pecuniary interest

An advocate should not act or plead in any matter in which he has financial interests. For instance, he should not act in a bankruptcy petition when he is also a creditor of the bankruptcy. He should also not accept a brief from a company of which he is a Director.

11. Not stand as surety for client

An advocate should not stand as a surety, or certify the soundness of a surety that his client requires for the purpose of any legal proceedings.

2. RULES ON AN ADVOCATE’S DUTY TOWARDS THE CLIENT

1. Bound to accept briefs

An advocate is bound to accept any brief in the courts or tribunals or before any other authority in or before which he proposes to practise. He should levy fees that are at par with the fees collected by fellow advocates of his standing at the Bar and the nature of the case. Special circumstances may justify his refusal to accept a particular brief.

2. Not withdraw from service

An advocate should not ordinarily withdraw from serving a client once he has agreed to serve them. He can withdraw only if he has sufficient cause and by giving reasonable and sufficient notice to the client. Upon withdrawal, he shall refund such part of the fee that has not accrued to the client.

3. Not appear in matters where he himself is a witness

An advocate should not accept a brief or appear in a case in which he himself is a witness. If he has a reason to believe that in due course of events, he will be a witness, then he should not continue to appear for the client. He should retire from the case without jeopardising his client’s interests.

4. Full and frank disclosure to the client

An advocate should, at the commencement of his engagement and during the continuance thereof, make all such full and frank disclosure to his client relating to his connection with the parties and any interest in or about the controversy as are likely to affect his client’s judgement in either engaging him or continuing the engagement.

5. Uphold the interest of the client

It shall be the duty of an advocate fearlessly to uphold the interests of his client by all fair and honourable means. An advocate shall do so without regard to any unpleasant consequences to himself or any other. He shall defend a person accused of a crime regardless of his personal opinion as to the guilt of the accused. An advocate should always remember that his loyalty is to the law, which requires that no man should be punished without adequate evidence.

6. Not suppress material or evidence

An advocate appearing for the prosecution of a criminal trial should conduct the proceedings in a manner that does not lead to a conviction of the innocent. An advocate shall by no means suppress any material or evidence, which shall prove the innocence of the accused.

7. Not disclose the communications between the client and himself

An advocate should not by any means, directly or indirectly, disclose the communications made by his client to him. He also shall not disclose the advice given by him in the proceedings. However, he is liable to disclose if it violates Section 126 of the Indian Evidence Act, of 1872.

8. An advocate should not be a party to stir up or instigate litigation.

9. An advocate should not act on the instructions of any person other than his client or the client’s authorised agent.

10. Not charge depending on the success of matters

An advocate should not charge for his services depending on the success of the matter undertaken. He also shall not charge for his services as a percentage of the amount or property received after the success of the matter.

11. Not receive interest in the actionable claim

An advocate should not trade or agree to receive any share or interest in any actionable claim. Nothing in this rule shall apply to stock, shares and debentures of government securities, or to any instruments, which are, for the time being, by law or custom, negotiable or to any mercantile document of title to goods.

12. Not bid or purchase property arising from legal proceedings

An advocate should not by any means bid for, or purchase, either in his own name or in any other name, for his own benefit or for the benefit of any other person, any property sold in any legal proceeding in which he was in any way professionally engaged. However, it does not prevent an advocate from bidding for or purchasing for his client any property on behalf of the client provided the Advocate is expressly authorised in writing on this behalf.

13. Not bid or transfer property arising from legal proceedings

An advocate should not by any means bid in court auction or acquire by way of sale, gift, exchange or any other mode of transfer (either in his own name or in any other name for his own benefit or for the benefit of any other person), any property which is the subject matter of any suit, appeal or other proceedings in which he is in any way professionally engaged.

14. Not adjust fees against personal liability

An advocate should not adjust the fee payable to him by his client against his own personal liability to the client, which does not arise in the course of his employment as an advocate.

15. An advocate should not misuse or take advantage of the confidence reposed in him by his client.

16. Keep proper accounts

An advocate should always keep accounts of the clients’ money entrusted to him. The accounts should show the amounts received from the client or on his behalf. The account should show the expenses incurred for him and the deductions made on account of fees with respective dates and all other necessary particulars.

17. Divert money from accounts

An advocate should mention in his accounts whether any monies received by him from the client are on account of fees or expenses during the course of any proceeding or opinion. He shall not divert any part of the amounts received for expenses as fees without written instruction from the client.

18. Intimate the client on amounts

Where any amount is received or given to him on behalf of his client, the advocate must without any delay intimate the client of the fact of such receipt.

19. Adjust fees after termination of proceedings

An advocate shall after the termination of proceedings, be at liberty to adjust the fees due to him from the account of the client. The balance in the account can be the amount paid by the client or an amount that has come in that proceeding. Any amount left after the deduction of the fees and expenses from the account must be returned to the client.

20. Provide a copy of the accounts

An advocate must provide the client with a copy of the client’s account maintained by him on demand, provided that the necessary copying charge is paid.

21. An advocate shall not enter into arrangements whereby funds in his hands are converted into loans.

22. Not lend money to his client

An advocate shall not lend money to his client for the purpose of any action or legal proceedings in which he is engaged by such client. An advocate cannot be held guilty for a breach of this rule if in the course of a pending suit or proceeding, and without any arrangement with the client in respect of the same, the advocate feels compelled by reason of the rule of the Court to make a payment to the Court on account of the client for the progress of the suit or proceeding.

23. Not appear for opposite parties

An advocate who has advised a party in connection with the institution of a suit, appeal or other matter or has drawn pleadings, or acted for a party, shall not act, appear or plead for the opposite party in the same matter.

3. RULES ON ADVOCATE’S DUTY TO OPPONENTS

1. Not to negotiate directly with the opposing party

An advocate shall not in any way communicate negotiate or call for settlement upon the subject matter of controversy with any party represented by an advocate except through the advocate representing the parties.

2. Carry out legitimate promises made

An advocate shall do his best to carry out all legitimate promises made to the opposite party even though not reduced to writing or enforceable under the rules of the Court.

4. RULES ON AN ADVOCATE’S DUTY TOWARDS FELLOW ADVOCATES

1. Not advertise or solicit work

An advocate shall not solicit work or advertise in any manner. He shall not promote himself by circulars, advertisements, touts, personal communications, or interviews other than through personal relations, furnishing or inspiring newspaper comments or producing his photographs to be published in connection with cases in which he has been engaged or concerned.

2. Sign-board and Name-plate

An advocate’s sign-board or name-plate should be of a reasonable size. The sign-board or name-plate or stationery should not indicate that he is or has been President or Member of a Bar Council or of any Association or that he has been associated with any person or organisation or with any particular cause or matter or that he specialises in any particular type of work or that he has been a Judge or an Advocate General.

3. Not promote the unauthorized practice of law

An advocate shall not permit his professional services or his name to be used for promoting or starting any unauthorised practice of law.

4. An advocate shall not accept a fee less than the fee, which can be taxed under the rules when the client is able to pay more.

5. Consent of fellow advocate to appear

An advocate should not appear in any matter where another advocate has filed a vakalat or memo for the same party. However, the advocate can obtain the consent of the other advocate to appear.

In case, an advocate is not able to present the consent of the advocate who has filed the matter for the same party, then he should apply to the court for appearance. He shall in such application mention the reason as to why he could not obtain such consent. He shall appear only after obtaining the permission of the Court.

Conclusion:

Advocate in breach of professional ethics, It leads to ‘professional misconduct’ if an act results in a conflict with his profession and renders him ineligible to be in the profession. In other words, an act that disqualifies an advocate from continuing in the field of law