I have joined a regular college to pursue LLB in Bangalore. Due to family commitments i do work in the late evenings for a MNC, my work timings do not affect my college timings, My employer is ready to give me a NOC too. However many of lawyers whom i met are telling me that i need to quit the job otherwise my course will be considered as part time and i will not be allowed for enrolment. They tell me that since i am getting PF and Other benefits of a full time employee, my regular course will not be considered or my enrolment in bar council will be questioned. I wrote an email to BCI but i haven't received any response, i am unable to quit work due to family commitments and children education but at the same time i need to complete my dream of pursuing LLB through the regular college and after completing i am ready to quit and enrol as full time advocate for our state Bar council, however if the Bar Council does not accept my enrolment, all of my study will be in vain. Should i file a WP in High court to give me the permission to proceed ? Please advise.
No need to file writ petition you can continue your law study after completion of law course you can enroll as a advocate. once you enroll you have to quit your job.
Rule 49 of the Bar Council Rules, it provides that an advocate shall not be a full-time salaried employee.
No you can work before getting enrolled to bar council. After getting enrolled you can't be in full time employment along with sunad for practice. If you take full time employment you need to surrender your sunad.
See in you case it is better if your job is shown as part time or consultant basis then in that case it won't effect. In that case you will not get PF and gratuity.
Since i am working in an MNC i am receiving the PF and other medical benefits, i am a full time working employee but only difference is that i work in the evening/night hours.
See you cannot do job and regular course together you need to change the degination of your job.
You can visit the bar council office and make enquires in this regard
2) you are doing full time law course attending the lectures you should get your degree and be enrolled as an advocate
3) at time of enrolment as advocate if you are not working you would be entitled to practice law
After obtaining law degree quit your job if you want to practice law
No need to quit the job and you can still continue your LLB degree course. degree is different thing and registering at BCI is different thing.
As per advocates act.... After getting professional certificate of Advocate from BCI you can't work. Means you can't do job if you have to practice as lawyer either lawyer or work. At that time you have to inform BCI.
For studying LLB you can work in MNC as a full time employee.
Hello,
I regret that if your job is disclosed later on then BCI may cancel your enrollment certificate.
So decide at your risk.
After sunad you can't work.
thanks to everyone who has pitched in with their recommendations, since i see the answers in both directions, this leaves me in middle of nowhere, thus could you please let me know the one possible solution which may include filing of WP in High Court and getting their nod which no authority can deny, Please advise and guide me. I have sent emails to Bar Council of India/Karnataka/Tamilnadu but i haven't received any response.
Writ petition take years to be disposed of
2) HC are over burdened with cases
3) litigation is long drawn and expensive proposition
See in this case in my advice it is better if company makes you a consultant though you can try by filing a writ petition before the high court.
As I told you earlier that you can study in the full-time law college and work in the MNC.
But when you start practicing as a Lawyer than you can't work.
You can study as well as do job beyond the college hours. No permission from anywhere is required. You are misguided.
- The Bar Council rules do not permit a full-time employee of any organisation,to be in practice.
- However, a part-time employee can take up practice subject to obtaining prior written permission of the bar council provided that,in the opinion of the council,
- Since, you are doing night hours job, hence your LLB degree will be considered a regular for the purpose of doing practice/registeration.
- As per law, even a government employee is free to do LLB degree regular course , with the permission of its departmental head , and his education certificate is fit for enrolment as an Advocate.
- Because, as per advocates act , A practice lawyer is not allowed to do any work/business .
You can continue your work with company in Night shift.
But at time of enrollment you have to mention that you will only opt for professional practice as advocate and will not involve in any kind of business or employment.
You can file WP if you desire to
If there is no provision in law for this then any writ petition may not come to your rescue on this subject.
You may have to suppress the material information about your employment before the bar council while filing an application for enrolment, however if this matter is leaked by some enemy of yours at a later stage to the bar council then you may find a tough time.
Whether you are working in the evening or night time, it may not matter, the designation as full time employee will remain when a legal question on this will arise.
Your emails in this regard to the bar councils may not invoke any response becasue it is a commitment and it may pave way for you to file a writ petition against the bar council itself, hence they would maintain to not send any reply.
Further the proposed writ petition you are planning to file also may not be entertained by high court since it is against the policy decision to which the courts will not interfere.