Retired Judges Resuming Law Practice - Please note
A few years ago, this lawyer was appointed as a Judge of the High Court. After seeing the futility of dispensation of justice, he resigned before confirmation.
He thereafter resumed legal practice, was designated as a Senior Advocate, and recommenced active practice.
When I went to brief him in a matter, I was taken aback to see a large board displayed outside his office proclaiming:
“Mr. Sun Leader, Senior Advocate, Former Judge, High Court of Karnataka.”
After the matter was escalated, he promptly blockened the offensive portion.
Bar Council of India Rules on Advocate's duty towards fellow Advocates imposes certain restrictions. The restrictions are;
Not advertise or solicit work
An advocate shall not solicit work or advertise in any manner. He shall not promote himself by circulars, advertisements, touts, personal communications, interviews other than through personal relations, furnishing or inspiring newspaper comments or producing his photographs to be published in connection with cases in which he has been engaged or concerned.
Sign-board and Name-plate
An advocate’s sign-board or name-plate should be of a reasonable size. The sign-board or name-plate or stationery should not indicate that he is or has been President or Member of a Bar Council or of any Association or that he has been associated with any person or organisation or with any particular cause or matter or that he specialises in any particular type of work or that he has been a Judge or an Advocate General.
Not promote unauthorized practice of law
An advocate shall not permit his professional services or his name to be used for promoting or starting any unauthorised practice of law.
The highlighted portion applies to all signboards, visiting cards, letterheads etc.
Few such lawyers display their past position on their cars, in front of their home etc.
This is clearly impermissible
Recently, the Hon'ble Supreme Court in “Re: Summoning Advocates Who Give Legal Opinion or Represent Parties During Investigation of Cases and Related Issues” decided on 3:10:2025, quoted Justice Krishna Iyer in the earlier judgment of the Supreme Court in Bar Council of Maharashtra vs M. V. Dabholkar etc (1975) 2 SCC 702 that “Bar is not a private guild, like that of barbers, butchers and candlestick makers but, a public institution committed to public justice and pro bono public service”.
The Hon'ble Supreme Court in “Re: Summoning Advocates (supra) expressed concern that “All the above cases dealt with professional misconduct or a digression from the essential role. We cannot but express that the observations made therein, were to provide some material for introspection, to those who deviate from the righteous path of administration of justice. The occasional black sheep who tread the uneven, muddy lanes of deceit, in purported protection of the interest of the client, which though a minority, does, sadly exist in our system.”
Hence the following request.
Do not use your former judicial designation on letterheads, visiting cards, name boards, or any professional material.
Avoid insisting on being addressed with the prefix “Justice” in invitations, public programmes, or professional interactions.
Do not display your former judicial position on car or vehicle stickers or in any similar manner.
A large number of junior advocates who have recently commenced independent practice have expressed concern regarding retired judges appearing in trial courts, particularly before judges who are close acquaintances or former colleagues. Such appearances create a perception of undue influence and inequality at the Bar.
While retired judges, like all advocates, enjoy the fundamental right to practise the profession of law, the Bar Council of India or State Bar Councils may not always be in a position to impose comprehensive restrictions.
Ultimately, it is expected—and hoped—that judges who have transitioned to advocacy will uphold the same standards of professional ethics, restraint, and fairness that they once emphasised from the Bench.
Basavaraj S
Senior Advocate.
Member, Karnataka State Bar Council
