Unauthorised Practice of Law - Big Four get Bar Council Notice
IT is reported that the big four accounting firms, PwC, Deloitte, KPMG and E&Y have been issued notices by the Bar Council of Delhi on a complaint by the Society of Indian Law Firms ( SILF) for allegedly "engaging in the unauthorised practice" of law. It is alleged that these firms are engaging in both litigious and non-litigious practice and are in clear violation of the Advocates Act by unauthorised practice of law.
It is argued that under the Advocates Act, there is only one class of persons entitled to practice the profession of law - Advocates who are enrolled in the rolls of the State Bar Councils. And these accounting firms are advising clients on FDI policy, exchange control regulations, corporate laws, competition law and industry sectoral regulations. SILF has also alleged that the firms are involved in preparing cases and representing clients before appellate authorities and are also involved in providing legal, contractual and regulatory services.
The Madras High Court had in a judgement three years ago noted, the oversight of the Bar Council on non-litigation activities of such law firms was virtually nil till now, and exploiting this loophole, many accountancy and management firms are employing law graduates, who are rendering legal services, which is contrary to the Advocates Act.