1

DAMODARAM SANJIVAYYA
NATIONAL LAW UNIVERSITY
SABBAVARAM, VISAKHAPATNAM, A.P., INDIA

PROJECT TITLE
Right of Full-time law teachers to practice

SUBJECT
Legal and Professional Ethics

NAME OF THE FACULTY

prof.vijayalakshmi

Name of the Candidate: B. Milinda

Roll No. 2018017
Semester: Xth
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AKNOWLEDGEMENT

“I would like to express my special thanks of gratitude to my teacher prof.vijayalakshmi who

gave me the golden opportunity to do project on Right of Full-time law teachers to practice
which also helped me in doing a lot of research and I came to know about so many new
things I am really thankful to Mam”
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TABLE OF CONTENT

1. SYNOPSIS……………………………………………………………………….………4
2. INTRODUCTION…………………………………………………………………….….6
3. THE ADVOCATES RIGHT TO TAKE UP LAW TEACHING RULES, 1979…….……7
4. HE/SHE CAN ENROLL AS AN ADVOCATE ALONG WITH TEACHING…………..8
5. RULES THAT SHOULD BE FOLLOWED FOR ENROLLMENT AS ADVOCATE
AND TO FULL TIME LAW TEACHERS……………………………………………….9
6. CASE LAWS……………………………………………………………………………..10
7. SUGGESTIONS………………………………………………………………………….11
8. CONCLUSION…………………………………………………………………………..12
9. BIBLIOGRAPHY ……………………………………………………………………….14
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SYNOPSIS

INTRODUCTION

The right of full-time law teachers to practice refers to the ability of law professors who are
employed full-time by a law school to engage in the practice of law outside of their academic
responsibilities. This right is often granted by law schools to their faculty members as a way
to enhance their teaching and scholarship by allowing them to stay current on legal
developments and gain practical experience in their areas of expertise.

However, the right of law teachers to practice law is subject to certain restrictions and
guidelines, which vary depending on the specific law school and jurisdiction in which they
are located. For example, some law schools may limit the types of legal work that their
faculty members can engage in or require them to obtain permission from the school before
taking on outside legal work.

Overall, the right of full-time law teachers to practice law can be a valuable tool for
enhancing their teaching and scholarship, while also providing them with opportunities to
stay connected to the legal profession and make important contributions to the practice of
law.

SCOPE

The scope of the right of full-time law teachers to practice law may vary depending on the
specific law school and jurisdiction in which they are located. Generally, the right to practice
law is intended to enhance the teaching and scholarship of law professors, while also
allowing them to maintain their skills and knowledge in their areas of expertise.

The scope of this right may include the ability to:

1. Represent clients in court or administrative proceedings.

2. Provide legal advice to clients on legal matters.

3. Draft legal documents such as contracts, pleadings, and briefs.

4. Serve as a mediator or arbitrator in legal disputes.

5. Participate in pro bono legal work or provide legal services to underrepresented

groups or communities.
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However, law schools may impose certain limitations or guidelines on the scope of this right.
For example, a law school may limit the amount of time a professor can spend on outside
legal work or require them to disclose their legal practice to the school. The school may also
require the professor to ensure that their outside practice does not conflict with their teaching
or research obligations.

Overall, the scope of the right of full-time law teachers to practice law is intended to balance
the interests of law schools and their faculty members, while also ensuring that professors
maintain their professional skills and expertise.

OBJECTIVE OF THE PROJECT

The objective of the project is to allow full-time law professors and lecturers to engage in
legal practice alongside their teaching duties. This project is based on the recognition that
practicing law can help law teachers stay current with legal developments and bring practical
insights and experiences to their teaching.

RESEARCH QUESTION

1. What are the benefits and drawbacks of allowing full-time law teachers to engage in
legal practice alongside their teaching duties, and how do these compare to the
benefits and drawbacks of prohibiting law teachers from practicing law?

2. What are the best practices for managing the balance between legal practice and
teaching responsibilities for law teachers, and how can law schools support their
faculty in achieving this balance?

RESEARCH METHODOLOGY

The author followed doctrinal and analytical method of research.

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INTRODUCTION

The right of full-time law teachers to practice is a controversial issue in legal education.
Some argue that allowing law professors and lecturers to engage in legal practice alongside
their teaching duties can provide practical insights and experiences that enhance their
teaching and benefit the legal profession. Others worry that practicing law may detract from
the quality of teaching, raise conflicts of interest, and blur the boundaries between academic
and professional responsibilities. The objective of this project is to explore the benefits and
drawbacks of allowing full-time law teachers to practice law and to identify best practices for
managing the balance between teaching and legal practice. This project seeks to answer
research questions related to the impact of the right of full-time law teachers to practice on
legal education, the legal profession, and the broader community. The introduction of the
right of full-time law teachers to practice has sparked a lively debate among legal scholars,
educators, and practitioners.1 Some jurisdictions have already implemented policies allowing
law teachers to engage in legal practice, while others maintain strict prohibitions on such
activities. This project aims to contribute to this ongoing conversation by providing a
nuanced analysis of the issues at stake and identifying potential solutions for addressing the
challenges and opportunities presented by the right of full-time law teachers to practice. The
rules for the right of full-time law teachers to practice can vary depending on the jurisdiction
and the institution. Some jurisdictions and institutions have strict rules prohibiting law
teachers from engaging in legal practice, while others have more permissive policies allowing
law teachers to practice law alongside their teaching duties. In jurisdictions that allow law
teachers to practice law, there may be certain restrictions or requirements that must be met.
For example, a law teacher may be required to disclose their legal practice to their institution
and obtain approval for their legal work. They may also be required to maintain a certain
level of teaching commitment and to ensure that their legal practice does not interfere with
their teaching responsibilities. In addition to institutional rules, there may also be ethical and
professional guidelines that apply to law teachers who engage in legal practice. For example,
law teachers who practice law may be subject to the same rules of professional conduct as
other lawyers, and they may be required to disclose their dual role as a law teacher and a
practicing lawyer to clients. Overall, the rules for the right of full-time law teachers to

1
https://www.lawyersclubindia.com/articles/if-lawyers-can-practice-in-all-courts-why-not-full-time-law-
professors-a-necessity-of-engaged-school--3808.asp
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practice are complex and can vary widely depending on the context. It is important for law
teachers who wish to engage in legal practice to carefully consider the relevant rules and
regulations and to ensure that they are meeting all of the necessary requirements and
obligations.

THE ADVOCATES RIGHT TO TAKE UP LAW TEACHING RULES, 1979

The Advocates Right to take up Law Teaching Rules, 1979 is a set of rules established by the
Bar Council of India, the regulatory body for legal education and the legal profession in
India. These rules were enacted to govern the conditions under which practicing advocates in
India could take up teaching positions in law schools and universities. Under the Rules,
advocates who wish to take up teaching positions must meet certain qualifications and
eligibility criteria, including possessing a law degree and a minimum number of years of
practice experience. The Rules also establish procedures for the appointment and termination
of advocates as law teachers, and set out guidelines for the payment of salaries and other
benefits. The Rules further require that advocates who take up teaching positions must meet
certain obligations, including dedicating a certain amount of time to teaching and maintaining
a high level of professional conduct. Additionally, advocates are prohibited from taking up
teaching positions in institutions where they have previously acted as examiners or paper-
setters.

The Advocates Right to take up Law Teaching Rules, 1979 were enacted with the aim of
promoting the development of legal education in India by allowing practicing advocates to
bring their practical experiences and insights to the classroom. The Rules have been subject
to periodic revisions and amendments, and continue to be an important framework for
governing the relationship between the legal profession and legal education in India.

RULES:

The following are the key provisions of The Advocates Right to take up Law Teaching Rules,
1979:2

1. Eligibility criteria: An advocate seeking a teaching position must have a law degree
and a minimum of five years of practice experience.

2. Appointment procedure: The appointment of advocates as law teachers must be

made in accordance with the recruitment rules of the university or institution. The
2
http://www.jiwaji.edu/pdf/ecourse/law/24.04.2020%20Right%20to%20take%20up%20law%20teaching.pdf
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appointment must be on a full-time basis and the advocate cannot practice law while
holding the teaching position.

3. Termination of appointment: The appointment of an advocate as a law teacher can

be terminated in accordance with the terms and conditions of their appointment. In
addition, the Bar Council of India may withdraw the permission granted for an
advocate to take up a teaching position if the advocate is found to have engaged in
any misconduct.

4. Salary and benefits: The advocate must be paid a salary and other benefits in
accordance with the rules of the university or institution.

5. Teaching obligations: The advocate must dedicate a minimum of ten hours per week
to teaching, and must ensure that their teaching does not interfere with their
professional duties as an advocate.

6. Professional conduct: The advocate must maintain a high level of professional

conduct and ethics, and must not engage in any activities that may compromise their
integrity as a law teacher or as an advocate.

7. Prohibition on serving as examiner or paper-setter: An advocate who has

previously acted as an examiner or paper-setter for an institution is prohibited from
taking up a teaching position in that institution.

These rules are intended to balance the need to promote legal education and allow practicing
advocates to contribute their practical knowledge and skills to the classroom, with the need to
ensure that the standards of legal education and professional conduct are maintained.

HE/SHE CAN ENROLL AS AN ADVOCATE ALONG WITH TEACHING

Depends on the specific rules and regulations in the jurisdiction where the full-time law
teacher is practicing. In some jurisdictions, full-time law teachers are permitted to enroll as
advocates and practice law alongside their teaching duties. In these cases, there may be
certain requirements or restrictions that the law teacher must follow in order to maintain their
dual role as a teacher and advocate. 3 For example, they may be required to obtain approval
from their institution and disclose their legal practice to their students, colleagues, and clients.
However, in other jurisdictions, full-time law teachers may be prohibited from practicing law

3
https://www.legallyindia.com/topical/d/5632-teaching-while-practicing-as-an-advocate#:~:text=According
%20to%20rule%203%20of,the%20teaching%20of%20law%20do
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while employed as a teacher. This is often the case in jurisdictions where there are concerns
about conflicts of interest or where it is believed that the teacher's ability to perform their
teaching duties may be compromised by their legal practice. It is important for full-time law
teachers who are considering enrolling as advocates to carefully review the rules and
regulations in their jurisdiction and to ensure that they follow all relevant requirements and
restrictions.

RULES THAT SHOULD BE FOLLOWED FOR ENROLLMENT AS ADVOCATE

AND TO FULL TIME LAW TEACHERS

If a full-time law teacher wants to enroll as an advocate and practice law, they must follow
certain rules and guidelines to ensure that they are in compliance with all relevant
regulations. Some of the common rules that may apply in this situation include:ṅ4

1. Disclosure requirements: The law teacher may be required to disclose their legal
practice to their students, colleagues, and clients in order to avoid conflicts of interest
and ensure transparency.

2. Time management: The law teacher must ensure that their legal practice does not
interfere with their teaching duties. This may involve setting aside specific times for
legal work and communicating their availability to clients and colleagues.

3. Professional conduct: The law teacher must maintain a high level of professional
conduct and ethics both in their teaching role and their legal practice.

4. Compliance with regulations: The law teacher must comply with all relevant
regulations governing the practice of law in their jurisdiction, including rules related
to advertising, fee structures, and client confidentiality.

5. Approval from the institution: In some jurisdictions, the law teacher may be
required to obtain approval from their institution before enrolling as an advocate and
practicing law.

It is important for full-time law teachers who wish to practice law to carefully review the
rules and regulations in their jurisdiction and to seek guidance from their institution or a legal
professional if they have any questions or concerns.5

4
https://www.legallyindia.com/topical/d/5632-teaching-while-practicing-as-an-advocate
5
https://www.barandbench.com/columns/academics-law-case-facilitate-academics-practice-law
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CASE LAWS

There have been several cases in different jurisdictions that have addressed the issue of
whether full-time law teachers can enroll as advocates and practice law. Here are some
examples:

1. Ram Jethmalani v. Union of India (2011)6: In this case, the Supreme Court of India
considered whether full-time law teachers who were also advocates could be allowed
to practice law without obtaining prior permission from the Bar Council of India. The
court held that such teachers could practice law, but must obtain permission from the
Bar Council of India and comply with certain rules and regulations.

2. Tennessee State Bar v. Larry Edward Crain (2009)7: In this case, the Supreme
Court of Tennessee suspended a full-time law professor's license to practice law for
six months after finding that he had violated the state's rules of professional conduct
by failing to disclose his legal practice to his employer.

3. In re: Professional Ethics Opinion 103 (1987): In this case, the New York State Bar
Association's Committee on Professional Ethics considered whether a full-time law
professor could practice law in a separate law firm. The committee held that the
professor could engage in the practice of law, but must comply with certain disclosure
and conflict-of-interest requirements.

These cases highlight the importance of carefully reviewing the rules and regulations in your
jurisdiction and seeking guidance from your institution or a legal professional if you are
considering enrolling as an advocate and practicing law as a full-time law teacher. Here are
some additional important case laws in India related to the right of full-time law teachers to
practice law:

4. Bar Council of India v. AK Balaji (2018)8: In this case, the Supreme Court of India
clarified that full-time salaried employees, including law teachers, cannot practice law
as advocates. The court held that practicing as an advocate requires full-time devotion
and that an advocate cannot be in employment or engage in any other trade or
profession.
6
https://indiankanoon.org/doc/1232445/
7
https://core.ac.uk/download/pdf/157778537.pdf
8
https://indiankanoon.org/doc/132041574/
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5. R. Venkatachalam v. University of Madras (2009)9: In this case, the Madras High

Court considered whether a full-time law professor who was also an advocate could
be denied promotion on the grounds that he was not giving adequate attention to his
teaching duties. The court held that a teacher's practice as an advocate cannot be used
to deny him promotion if he has fulfilled his obligations as a teacher.

6. P.C. Markanda v. Registrar, Delhi Bar Council (2007) 10: In this case, the Delhi
High Court considered whether a full-time law professor who was also an advocate
could enroll as an advocate and practice law without obtaining prior permission from
the Bar Council of India. The court held that the professor could practice law, but
must obtain permission from the Bar Council of India and comply with certain rules
and regulations.

These cases illustrate the complex legal landscape surrounding the right of full-time law
teachers to practice law in India and the importance of carefully reviewing the rules and
regulations in your jurisdiction before taking any action.

SUGGESTIONS

If you are a full-time law teacher considering enrolling as an advocate and practicing law, it is
important to carefully review the rules and regulations in your jurisdiction and seek guidance
from your institution or a legal professional. Here are some suggestions to keep in mind:

1. Review the rules and regulations: Make sure you are familiar with the rules and
regulations governing the practice of law in your jurisdiction, as well as any specific
requirements or restrictions that may apply to full-time law teachers.

2. Seek guidance from your institution: Talk to your institution's administration or legal
department to ensure that your legal practice will not conflict with your teaching
duties and to obtain any necessary approvals.

3. Consider disclosure requirements: Think about how you will disclose your legal
practice to your students, colleagues, and clients to avoid conflicts of interest and
ensure transparency.

4. Maintain professional conduct: Make sure you maintain a high level of professional
conduct and ethics both in your teaching role and your legal practice.

9
https://indiankanoon.org/doc/130417436/
10
https://indiankanoon.org/doc/150059146/
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5. Stay up-to-date: Keep up-to-date with any changes in the rules and regulations
governing the practice of law in your jurisdiction and seek guidance from a legal
professional if you have any questions or concerns.

6. Manage your time effectively: As a full-time law teacher, your teaching duties will
likely require a significant amount of time and energy. If you decide to enroll as an
advocate and practice law, make sure you can effectively manage your time to fulfill
both roles without compromising your obligations as a teacher or your duties to your
clients.

7. Maintain confidentiality: As an advocate, you will be entrusted with confidential

information from your clients. Make sure you understand and abide by the rules and
regulations governing attorney-client confidentiality, both in your legal practice and in
your interactions with your students and colleagues.

8. Develop a professional network: Building a professional network can help you grow
your legal practice and also provide opportunities to collaborate with other legal
professionals in your teaching role. Attend conferences, seminars, and other
networking events to build relationships and stay connected with the legal community.

9. Seek professional development opportunities: As a full-time law teacher and

practicing advocate, it is important to stay up-to-date with the latest legal
developments and trends. Seek out opportunities for professional development, such
as continuing legal education courses or workshops, to stay informed and enhance
your skills.

10. Balance your responsibilities: Balancing your responsibilities as a law teacher and
advocate can be challenging, but it is important to prioritize and manage your
obligations to both roles. Set realistic goals, communicate openly with your clients
and colleagues, and seek support when needed to maintain balance and avoid burnout.

Overall, it is important to proceed with caution and ensure that you are in compliance with all
relevant regulations before enrolling as an advocate and practicing law as a full-time law
teacher.
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CONCLUSION

In conclusion, the right of full-time law teachers to practice law in India is a complex issue
that is subject to a range of rules and regulations that vary by jurisdiction. While the
Advocates Right to take up Law Teaching Rules, 1979 provides some guidance, it is
important for full-time law teachers to carefully review the rules and regulations in their
jurisdiction and seek guidance from their institution or a legal professional before enrolling as
an advocate and practicing law. In addition to complying with regulations, full-time law
teachers who decide to practice law should also prioritize effective time management,
maintain confidentiality, develop a professional network, seek professional development
opportunities, and balance their responsibilities to both their teaching and legal practice roles.
Overall, navigating the intersection between teaching and legal practice can be challenging,
but with careful consideration and planning, full-time law teachers can successfully balance
these responsibilities and contribute to both their institution and the legal profession. the right
of full-time law teachers to practice law in India is a complex issue that requires careful
consideration of the rules and regulations in their jurisdiction, as well as balancing their
responsibilities as a teacher and a legal practitioner. While some may argue that allowing full-
time law teachers to practice law can enhance their practical legal skills and contribute to the
legal profession, others may argue that it can create conflicts of interest and take away from
their teaching duties.

It is important for full-time law teachers to carefully weigh these considerations and make an
informed decision about whether to enroll as an advocate and practice law. In doing so, they
should prioritize ethical conduct, effective time management, and professional development
to ensure that they can effectively balance their responsibilities and contribute to both their
teaching role and the legal profession.
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BIBLIOGRAPHY

1. https://www.legallyindia.com/topical/d/5632-teaching-while-practicing-as-an-
advocate
2. https://www.legallyindia.com/topical/d/5632-teaching-while-practicing-as-an-
advocate#:~:text=According%20to%20rule%203%20of,the%20teaching%20of
%20law%20do
3. http://www.jiwaji.edu/pdf/ecourse/law/24.04.2020%20Right%20to%20take%20up
%20law%20teaching.pdf
4. https://timesofindia.indiatimes.com/india/teachers-of-law-varsities-can-now-practice-
in-courts/articleshow/68104304.cms
5. https://www.lawyersclubindia.com/articles/if-lawyers-can-practice-in-all-courts-why-
not-full-time-law-professors-a-necessity-of-engaged-school--3808.asp
6. https://www.business-standard.com/article/pti-stories/law-teachers-seek-permission-
to-practise-in-courts-119022100700_1.html
7. https://www.barandbench.com/columns/academics-law-case-facilitate-academics-
practice-law
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