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QUERY REGARDING RESTRICTIONS ON SENIOR ADVOCATE

AnonymousLLB 22 Dec 2009, 01:06

WHETHER A SENIOR ADVOCATE CAN BE APPOINTED BY A STATE GOVT. AS A SPECIAL PROSECUTOR, ON SALARY BASIS FOR CONDUCTING CASES ON BEHALF OF A PARTICULAR DEPARTMENT

1 Reply

AnonymousLLB 22 Dec 2009, 11:15

The following Rule of the Bar Council of India will govern such a situation:

49. An advocate shall not be a full-time salaried employee of any person, government, firm, corporation or concern, so long as he continues to practise, and shall, on taking up any such employment, intimate the fact to the Bar Council on whose roll his name appears and shall thereupon cease to practise as an advocate so long as he continues in such employment.

Nothing in this rule shall apply to a Law Officer of the Central Government or a State or of any Public Corporation or body constituted by statute who is entitled to be enrolled under the rules of his State Bar Council made under Section 28 (2) (d) read with Section 24 (1) (e) of the Act despite his being a full time salaried employee.

Law Officer for the purpose of these Rules means a person who is so designated by the terms of his appointment and who, by the said terms, is required to act and/or plead in Courts on behalf of his employer.