The Bar Council of India (BCI) has taken a significant step towards preserving the integrity and noble service ethos of the legal profession by directing all State Bar Councils to take strict disciplinary actions against lawyers found advertising or seeking work through online portals. This move comes in the wake of a judgment by the Madras High Court on July 3, 2024, which emphasized that the legal profession is a noble service to society, not a business driven by profit motives.
The BCI has issued cease and desist notices to online platforms, instructing them to remove all listings, profiles, and advertisements related to legal practices by advocates immediately and no later than four weeks from the date of the notice. A detailed compliance report outlining the actions taken must be submitted to the BCI by August 10, 2024. Failure to comply with these directives will result in the BCI initiating legal proceedings and seeking appropriate penalties against non-compliant organizations.
The Madras High Court directed the BCI to issue guidelines to State Bar Councils to initiate disciplinary proceedings for misconduct against advocates advertising or soliciting work directly or indirectly. The court ruled that online platforms cannot seek protection under Section 79 of the Information Technology Act for activities illegal under the Advocates Act and BCI Rules.
The BCI has also issued a public notice to all portals, online platforms, and advocates to ensure strict compliance with Rule-36 of the Bar Council of India Rules, which prohibits such advertisements. The rule was amended in 2008 to liberalize the strict ban on lawyer advertising, permitting lawyers to showcase their basic information such as their name, contact details, qualifications, and areas of practice on their websites.
The judgment was passed on a PIL filed by one P.N. Vignesh against the chairman of the Bar Council of India, the chairman of the Bar Council of Tamil Nadu and Puducherry, as well as websites like quikr.in, sulekha.com, and justdial.com as respondents. The petition demanded a direction to the two bar councils to take appropriate action against these websites as well as any other service providers, restraining them from carrying on the business of providing legal services on their portals or apps.
The court observed that unlike other countries, the legal profession in India “is unique as we represent selfless courage by spearheading some of the rights-based movements in our country.” The bench called it “agonising” that legal professionals today were trying to adopt a business model. “Legal service is neither a job nor a business,” the court emphasized.
The BCI has further directed state bar councils to initiate disciplinary action against advocates advertising or seeking work through online portals, to file complaints against online service providers “facilitating illegal advertisement of lawyers” and to ensure the removal of all illegal advertisements related to legal services on online platforms within four weeks.
The BCI has reiterated its commitment to upholding the dignity and integrity of the legal profession and urges all parties concerned to comply with these directives promptly and rigorously.
Key Directives Issued by the BCI:
- Disciplinary Actions: State Bar Councils are to initiate disciplinary proceedings against lawyers found advertising or seeking work online. Actions may include suspension or removal from the roll of advocates, in strict adherence to Rule 36 of the BCI Rules.
- Complaints Against Online Platforms: The BCI has instructed the filing of complaints against online service providers that facilitate illegal lawyer advertisements. Notable platforms mentioned include Quikr, Sulekha, and Justdial.
- Removal of Illegal Advertisements: State Bar Councils must ensure the removal of advertisements by lawyers on these platforms and coordinate with government authorities to prevent future violations.
- Compliance Deadline: Online platforms have been given a four-week deadline to remove all content violating Rule 36 of the BCI Rules.
Additionally, cease-and-desist notices have been sent to the CEOs of Quikr India Pvt. Ltd., Sulekha.com New Media Pvt. Ltd., Just Dial Limited, and Grotal.com. The notices highlight two major violations: the illegal solicitation of work and the practice of providing ratings and pricing for lawyer services.These online platforms are required to immediately remove listings, profiles, and advertisements related to legal practices and cease any operations that enable such activities. Failure to comply will result in legal action and penalties.
FAQ’s
Q1: What is the recent development regarding lawyer advertisements in India?A: The Bar Council of India (BCI) has directed all State Bar Councils to take strict disciplinary actions against lawyers found advertising or seeking work through online portals, in accordance with a Madras High Court judgment.
Q2: What is the basis of this directive?A: The directive is based on a judgment by the Madras High Court on July 3, 2024, which emphasized that the legal profession is a noble service to society, not a business driven by profit motives.
Q3: What actions has the BCI taken in this regard?A: The BCI has issued cease and desist notices to online platforms, instructing them to remove all listings, profiles, and advertisements related to legal practices by advocates immediately. The BCI has also directed State Bar Councils to initiate disciplinary proceedings for misconduct against advocates advertising or soliciting work directly or indirectly.
Q4: What is Rule-36 of the Bar Council of India Rules, and how does it relate to lawyer advertisements?A: Rule-36 of the Bar Council of India Rules prohibits lawyers from advertising or soliciting work directly or indirectly. The rule was amended in 2008 to liberalize the strict ban on lawyer advertising, permitting lawyers to showcase their basic information such as their name, contact details, qualifications, and areas of practice on their websites.
Q5: Can lawyers still advertise their services online?Bar Council of India Cracks Down on Lawyer AdvertisementsA: Lawyers can only showcase their basic information such as their name, contact details, qualifications, and areas of practice on their websites, as permitted by Rule-36 of the Bar Council of India Rules. Any form of solicitation or advertisement beyond this is prohibited.
