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CS practicing as an Advocate ?

raman (Database Administrator) (41 Points)

29 July 2009

Hi,

I would like to know whether a CS can argue cases in court ? If yes, which fields of law ? What does it mean "CS can do Independent Practice" ? I am new to this forum .... please advice.

** Sorry, previously I posted this message mistakenly in the Articles section.

Thanks.

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7 Replies

CS. Bilu Balakrishnan (Company Secretary) (355 Points)
Replied 29 July 2009

A practising CS cannot appear before Courts. However he/she can appear before Tribunals, Company Law Board etc. By the term independent practice means he/she after being a Member of ICSI can obtain a Certificate of Practice, and practise himself as a Practising Company Secretary (PCS), same as a PCA.

The scope of a PCS is increasing day-by-day. For details visit www.icsi.edu & read areas of Practice or Refer the CS Act 1980 and read Section 2(2). Further also refer Section 383A & Section 2 (45A) of Companies Act 1956

CS. Bilu

Prodyut Banerjee (Advocate) (309 Points)
Replied 29 July 2009

Agree with Bilu that the scope of PCS is increasing day by day. Yes PCS can't appear in Court of Law but can appear in various Tribunals and Appelate Tribunals. In addition they can conduct Secretarial Audit, Compliance Certification, various other certification, due diligence etc.

raman (Database Administrator) (41 Points)
Replied 30 July 2009

Thanks a lot.

ICSI ICAI ICWAI (Proffessional ) (303 Points)
Replied 30 July 2009

No Its required specific permission from both counciles

I think there is no need for both COP's

** CA CS LLM [NLSIU]

Prodyut Banerjee (Advocate) (309 Points)
Replied 30 July 2009

To Omkar

I think the heading is a bit misleading. What he means is not that whether a person can practice both the profession ( it is not possible at all. I tried but neither ICSI nor BCI is ready to give special permission). He wants to know the scope of Practicing Company Secretary only.

raman (Database Administrator) (41 Points)
Replied 31 July 2009

Thanks again for providing me the vital information here. Mainly, I was asking you about whether a CS would have to deal the legal matters in the court like an Advocate. Now, I learned that one has to choose his career as an Advocate or CS but not both, and also realized that CS don't handle the cases those are related to civil,criminal fields of law and etc. If such is the case then:

Should I assume that company would also be hiring another corporate lawyer to handle it's civil/criminal lawsuits ?
Company cases never get into High court or Supreme court but only into various Tribunals ?