Whether a non law person can be proprietor of a law firm
24-May-2023 (In Startup Law)
Dear All, I would like to know whether a non law person can be Managing Partner of a Law firm or the Sole Proprieter of a Law Firm where he will retain lawyer to provide complete service to his clients.
The current BCI rules apply to individual lawyers and only individual qualified advocates can practice law in India. So far as running an enterprise in the form of a partnership firm purely from a business and management point of view, is concerned it may be structured wisely. The sole proprietor model for a non lawyer may not be appropriate. Legal services have become very diverse these days and people are trying different models of management. This nevertheless remains a grey area and quite tricky.
It is only a lawyer with bar council registration provide services. There is no entity by the name of law firm but as far as legal business is concerned It can be run through a company, LLP or proprietorship. One can open a company or LLP and provide services but in case of liability the liability will be that of the company and the lawyer signing for a company. There is no such regulation stopping a non legal person from opening a legal service company as the nature of practice is such there are advisory roles sought even by lawyers. You can use your domain expertise in synergy with lawyers employed by you. But the catch is a lawyer cannot be an employee so you will have to open a LLP where you can engage lawyers who will be employees but will be designated as partners with different prefixes. So go ahead with a LLP and you can get this service like any other in the market but the liability will be that of the engaged lawyer
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