Rehan Khan
The Bar Council of India (BCI) has instructed State Bar Councils to take strict disciplinary measures against advocates advertising their legal services on online platforms, which is a direct violation of Rule 36 of the Bar Council of India Rules, 1975. It states that:
“An advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interviews not warranted by 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. This rule aims to maintain the decorum and ethics of the legal profession.”
This directive follows the July 3, 2024 judgment from the Madras High Court, emphasizing that the legal profession serves society nobly, not as a profit-oriented enterprise. The judgment scrutinized online platforms advertising advocates and their legal services, concluding they violate BCI Rules.
A writ petition was filed before the Hon’ble Madras High Court against “Online Service Providers”, alleging that they are not only providing day to day public needs, but also offering lawyer services, and many lawyers voluntarily advertise their services on such platforms, violating the Rules laid by the BCI.
“Branding culture in the legal profession is detrimental to society. Ranking or providing customer ratings to lawyers is unheard of and demeans the ethos of the profession. Professional dignity and integrity must never be compromised especially in the legal profession.”, the Madras HC said. The Court further remarked that advocacy is a service for the distressed and that lawyers must not try to adopt tricks to convert it into a business model.
“Marketing of lawyers brings down the nobility and integrity of the profession.” The Court said.
The BCI directive thus directs State Bar Councils to take legal actions against Advocates found indulging in such practices, and has also issued cease-desist notices to online platforms such as Quikr India Pvt Ltd, Sulekha.com, Just Dial Ltd, etc. for advertising and solicitation of legal services on the platforms.
The key directives issued to State Bar Councils are as follows:
- Commence disciplinary measures against lawyers who advertise or solicit work through online platforms.
- Lodge complaints against online service providers enabling unauthorized advertising by lawyers..
- Ensure that all unauthorized advertisements concerning legal services on online platforms are removed within a span of four weeks.
- A compliance hearing has been set for August 20, 2024. State Bar Councils are required to submit a report on their actions by August 10, 2024.
The key directives issued to the online platforms are as follows:
- Remove all listings, profiles, and advertisements pertaining to legal practices by advocates promptly, ensuring compliance within four weeks from the date of the notice.
- Cease and desist any operations enabling the advertisement or solicitation of legal practice by advocates.
- Submit a detailed compliance report outlining the actions taken to the BCI by August 10, 2024.
The Bar Council of India’s directives mark a significant step towards preserving the integrity of the legal profession. By reinforcing the prohibition on advertising and solicitation, the BCI aims to uphold the noble nature of legal practice, ensuring it remains a service-oriented profession rather than a commercial enterprise. The enforcement of these rules underscores the commitment to maintaining ethical standards and protecting the dignity of the legal profession.
Case name: P.N. Vignesh v Chairman and Members of the Bar Council
Case no.: W.P.No.31281 of 2019
Bench: Justice S.M.Subramaniam and Justice C.Kumarappan