Can Advocates Work Part-Time? Navigating State Bar Council Permissions and Rule 52

Hi, Happy New Year! I would like to inquire about how an advocate can obtain permission from the State Bar Council to take up part-time employment alongside their practice. Has Rule 52 of Chapter II (Standards of Professional Conduct and Etiquette) under section 49(1)(c) of the Advocate Act, which is read with the proviso thereto, of the Bar Council of India Rules ever been invoked? The rule is reproduced below:

Section VII-Restriction on other Employments

According to the rules, an advocate can accept part-time employment after obtaining consent from the State Bar Council, provided that in the State Bar Council's opinion, the nature of the employment does not conflict with their professional work and is not inconsistent with the dignity of the profession. This rule is subject to any directives that may be issued by the Bar Council of India from time to time.

If the answer to my query is "yes", could I please have materials on the subject? Thank you.

Puneet.

Location: Ludhiana, India

Hello Puneet,

Your question pertains to the practice of law and is specific to the Bar Council of India's rules, particularly Rule 52. According to this rule, an advocate can seek part-time employment with the State Bar Council's consent, provided that the nature of the job does not conflict with his professional work and is consistent with the profession's dignity.

Here are the steps you need to follow:

1. Write a formal letter to the State Bar Council explaining your intention to take up part-time employment. Provide details about the job, including the nature of the work, hours, and how it will not interfere with your legal practice.

2. Ensure that you clearly state that your proposed employment will not compromise the dignity of the legal profession.

3. Submit this letter to the State Bar Council and wait for their response. The Council will review your request and decide whether the nature of the proposed employment is in line with the profession's dignity.

4. If the Council gives its consent, you can proceed with the part-time job. If it does not, you will need to respect their decision and not take up the job.

5. It's essential to keep a copy of this correspondence for future reference.

As for whether Rule 52 has been invoked before, I recommend reaching out to the Bar Council directly or consulting with senior members of the legal profession who may have knowledge about this.

Remember, the Council has the discretion to issue directives from time to time, and it's necessary to comply with these directives. Please keep yourself updated with any changes in these rules.

I hope this answers your question. Best of luck with your plans!