Conditions relating to Right to Practice of an Advocate in India

According to Bar Council of India Rules, an advocate can carry on legal practice after fulfilling following conditions:

(1) An advocate who is in partnership business with someone, cannot carry on legal practice.

(2) An advocate whose name is on the roll of any Bar Council, is required to inform the change of his address at all times. Only then he can continue with his legal practice.

(3) Any Bar Council where the advocate is carrying on legal practice, may require the name and details of the Bar Council where the name of the concerned advocate is enrolled.

(4) An advocate who wants to suspend his legal practice, will be required to inform the same through registered post to that Bar Council where his name is enrolled. Alongwith this information, he will return his original enrolment certificate to that Bar Council.

(5) When an advocate who has suspended his legal practice wants to resume the same he will inform his intention to do so to the Secretary of that Bar Council where his name is enrolled. He will be required to produce an affidavit to know whether due to suspensions of his legal practice, there has been any violation of Section 24-A of the Act.

(6) The Enrolment Committee of that Bar Council may order for resumption of legal practice by the concerned advocate after endorsement of the same on the original “Enrolment Certificate”. It will return the said certificate to the concerned advocate. In case the “Enrolment Committee” finds that the concerned advocate has acquired any disqualification, it will refer the same in the terms of proviso to Section 26 of the Act.

(7) The secretary of the Bar Council will act for renewal of legal practice and its resumption by the advocate in accordance with the provisions of Rule 24 of Part D of Bar Council of India Rules.

(8) An advocate whose name has been struck down by the orders of any High Court, Supreme Court or any Bar Council, will not be entitled to carry on legal practice before any Court or Tribunal in accordance with the provisions of Section 30 of the Advocates Act.

(9) An advocate will be on the same disqualification of legal practice during his suspension, as he is when his name has been struck down from the roll of the Bar Council.

(10) An advocate will not be eligible for legal practice during the period he is suffering from any contagious disease, so that it may not prove injurious to brother-advocates. This disqualification shall continue from time to time when the Bar Council prescribes such prohibition for the advocates on its roll.

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