New Delhi: The Bar Council of India (BCI) has directed state bar councils and various online platforms to remove online advertisements by lawyers soliciting work.
This directive follows a recent Madras High Court judgment instructing the BCI to establish guidelines urging state bar councils to take disciplinary action against advocates who advertise or solicit work through ads, messages, or intermediaries. The judgment, dated July 3, emphasized that the legal profession is a noble service and not a profit-driven business. The Court noted that marketing legal services or introducing branding into the legal profession undermines its nobility and integrity, which is harmful to society.
In accordance with the Madras High Courts directions, the BCI has issued two communications: one to state bar councils and another to major online service providers including Quikr, Sulekha, Just Dial, and Grotal. State bar councils have been instructed to take strict disciplinary action against advocates who advertise or seek work through online portals, violating the Bar Council of India Rules. Cease and desist notices have been sent to online service providers, addressing the illegal advertising and solicitation of legal services on their platforms.
The BCI has warned that non-compliance with its directives will lead to legal proceedings and penalties against the offending organizations. All portals, online platforms, and advocates found violating Rule-36 of the Bar Council of India Rules are hereby issued a public notice to ensure strict compliance with these Rules immediately. Any advertisements contravening the aforementioned Rule must be withdrawn forthwith, stated the BCI press release issued on Monday.
The key directives issued to State Bar Councils include:
1. Initiating disciplinary actions against advocates advertising or seeking work through online portals.
2. Filing complaints against online service providers facilitating illegal advertisements by lawyers.
3. Ensuring the removal of all illegal advertisements related to legal services on online platforms within four weeks.
4. A compliance hearing is scheduled for August 20, 2024. State bar councils must submit a report on actions taken by August 10, 2024.
The directives issued to online platforms are:
1. Removing all listings, profiles, and advertisements related to legal practices by advocates immediately and no later than four weeks from the date of the notice.
2. Ceasing any operations that enable the advertisement or solicitation of legal practice by advocates.
3. Submitting a detailed compliance report outlining the actions taken to the BCI by August 10, 2024.
Recently Madras High Court directed BCI to issue Circulars/Instructions/Guidelines to the State Bar Councils to initiate disciplinary proceedings for misconduct against the Advocates advertising, soliciting works directly or indirectly, whether by circulars, advertisements, touts, personal communication, interviews not warranted by personal relations, furnishing or inspiring newspaper comments or producing his photographs to be published in connection with the case where he is engaged or concerned.
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