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Accountancy for Lawyers: Why a Lawyer Keeps Accounts at All

Chapter Fifty-Eight

Syllabus topic 4.3 Accountancy for Lawyers

Pages 315 to 319 of 355

In one line

An advocate keeps accounts because three different laws require it, and because most of the money passing through his hands is not his.

In exam wording: an advocate is required to maintain accounts by rules 25 to 32 of the Bar Council of India Rules, breach of which is professional misconduct under section 35 of the Advocates Act 1961, and by section 62 of the Income-tax Act 2025, breach of which attracts a penalty under section 441.

Why a law syllabus contains a module on accounting

Students meeting topic 4.3 usually ask why it is here. There are three answers and all of them are legal.

Because the money is not yours. A client sends money for court fees, a decree is satisfied and the amount is paid to your account, compensation is released to you on your client's application. In every case you hold somebody else's money. Somebody who holds another's money must be able to say, at any moment, how much of it is whose. That is what an account is.

Because the Bar Council requires it. Rules 25 to 32 of Part VI Chapter II are not advice. They are rules made under section 49(1)(c), and breaching one is professional misconduct under section 35, punishable up to removal from the roll.

Because the tax law requires it. An advocate carries on a specified profession under section 62(4)(a) of the Income-tax Act 2025, and must keep books under section 62, on pain of a penalty under section 441.

So a chapter on double entry in a law syllabus is not a detour. It is the practical content of a legal duty.

The three sources, and what each requires

One: the Bar Council of India Rules

Rules 25 to 32, in Section II of Part VI Chapter II, the duty to the client. They are set out and applied in chapter [Client Money: Amount Due to the Client and Amount Due by the Client]. In outline:

  • Rule 25: keep accounts of the client's money entrusted to him, showing amounts received, expenses incurred, and debits on account of fees, with dates and all other necessary particulars.
  • Rule 26: entries must show whether money was received for fees or for expenses, and during the proceeding no advocate may divert any portion of the expenses towards fees except with the client's written consent.
  • Rule 27: the fact of receipt of any amount on the client's behalf must be intimated to the client as early as possible.
  • Rules 28 and 29: what may be appropriated towards fees, and when.
  • Rule 30: a copy of the client's account must be furnished on demand, on payment of copying charges.
  • Rules 31 and 32: no converting the client's funds into loans, and no lending money to a client for the proceeding.
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