38.6c New Delhi, India, Wednesday, April 17, 2024
Legal Insiders

Petition in SC Seeks Directions to BCI and State Bar Councils for Allowing Lawyers to Advertise and Work Other Jobs During Lockdown

By Ishita Joshi      15 July, 2020 02:00 PM      0 Comments
SC BCI Lawyers to Advertise

On Tuesday, 14th July 2020, a petition was filed in the Supreme Court seeking issuance of directions to the Bar Council of India to allow the use of advertisements for Advocates, till March 2021, allow public advertising so that they can take up extra paralegal jobs and allow alternative means of livelihood to make a living. 

The PIL, filed by Charanjeet Chanderpal, practicing lawyer and Senior Standing Counsel at the Income Tax Department, in his capacity as Secretary-General of the ‘Nitya Law Society’ Non- Governmental Organization, argued that the existing rules need to be changed in order to accommodate lawyers belonging to either the middle of the lower middle class and that they are unable to stand by themselves in relation to the crisis emerged out of the pandemic. 

The plea stated, “In such situations, for persons other than advocates, if one option to earn to sustain is affected, they can look for alternatives and endeavor that would come in their way. However, if an advocate works outside his profession to stabilize his income, the regulations that govern the conduct of advocates will consider it as professional misconduct.” 

Highlighting the financial loss suffered by Advocates during the pandemic and subsequent lockdown, the petition mentioned the reported cases of suicide, depression and inability to subsist and thus prayed that changes be made to the rules of the Bar Council of India by issuing a circular or modifying or issuing a corrigendum or suspending the current rules, as well as initiate modifications under Section 49 of the Advocates Act, 1961. 

“There are reports of suicides as a result of no work, medical depression, advocates' family members expiring due to no money to pay medical fees, reports of there being domestic violence in the houses of advocates. This is widely known as the internet is full of this information. This is happening all over India and times has come that the Bar Council of India must allow relaxations within the Rules. The same is applicable to the whole of India and time has come that the Bar Council of India must allow relaxations within the rules”, the plea stated.

The petitioner averred to a long- term solution in order to cope with and handle this unprecedented crisis instead of pity aid the Advocates. The recent suicide commission of the 35- year- old Advocate has been illustrated and the petitioner stated that several of his acquaintances are going through a financial crunch and that even Senior Advocates with selective practice are going through a financial crunch as a consequence of the closure of the Courts. 

“A number of cases of advocates getting suicidal thoughts, suffering from depressing, suffering from no income, suffering from starvation, and no income- all as a result of the closure of courts..... Our NGO to propose the contents of this submission ... This is necessary for the survival of the advocates belonging to the middle and lower-middle class. The representation there represents lakhs of advocates across our country who have stood affected,” it added. 

The plea put out suggestions to substantiate the same that includes clarification of Chapter III Rule 2 of the Bar Council Rules such as permission to Advocates to be sleeping director/ partner so that they can be inducted as 'legal retainers' and 'legal advisors' in organizations as it sends wrong impressions under the current rule. The petitioner also sought the issuance of a circular permitting the use of ads and WhatsApp messages to enable advocates to partake in chamber work like income tax assistance, GST assistance, registration of societies, trusts, including assistance in the online filing of cases. Last but not least, the issuance of the Official Notification, keeping in mind the ongoing pandemic situation of COVID- 19, allowing Advocates to earn their livelihood by taking alternative means along with an undertaking that they do not extend theirs beyond March 2021. 

 

 



Share this article:



Leave a feedback about this
TRENDING NEWS

to-uphold-presumption-of-guilt-under-section-29-pocso-act-foundational-facts-must-be-proved-reiterates-delhi-hc
Trending Judiciary
To uphold presumption of guilt under Section 29 POCSO Act, foundational facts must be proved, reiterates Delhi HC [Read Judgment]

Delhi High Court reiterates that to uphold the presumption of guilt under Section 29 of the POCSO Act, the prosecution must prove the ‘foundational facts’ beyond reasonable doubt.

16 April, 2024 12:54 PM
baba-ramdev-acharya-balkrishna-offer-to-make-public-apology-in-sc-for-misleading-advertisements
Trending Judiciary
Baba Ramdev, Acharya Balkrishna offer to make public apology in SC for misleading advertisements

Baba Ramdev and Acharya Balkrishna offer public apology in SC for misleading ads, court deliberates acceptance.

16 April, 2024 01:57 PM

TOP STORIES

sc-sets-aside-judgment-upholding-arbitral-award-against-dmrc
Trending Business
SC sets aside judgment upholding arbitral award against DMRC [Read Judgment]

Supreme Court overturns arbitral award favoring Reliance Infrastructure subsidiary against DMRC, citing grave miscarriage of justice.

11 April, 2024 11:43 AM
delhi-hc-rejects-third-plea-for-arvind-kejriwals-removal-as-delhi-cm-blasts-petitioner-for-abuse-of-judicial-process
Trending Political NEWS
Delhi HC rejects third plea for Arvind Kejriwal's removal as Delhi CM, blasts petitioner for abuse of judicial process [Read Judgment]

Delhi High Court dismisses the third PIL plea before it seeking Aam Aadmi Party leader Arvind Kejriwal’s removal as Chief Minister of Delhi, imposes Rs. 50,000 cost on petitioner.

11 April, 2024 03:29 PM
use-of-social-media-to-interfere-with-administration-of-justice-needs-serious-consideration-sc
Trending Judiciary
Use of social media to interfere with administration of justice needs serious consideration: SC [Read Judgment]

Supreme Court warns against social media misuse in legal matters, cautions against prejudicial posts interfering with justice.

11 April, 2024 05:44 PM
two-day-conference-on-april-on-technology-and-dialogue-between-sc-and-singapore
Trending Legal Insiders
Two-day conference on April 13-14 on Technology and Dialogue between SC and Singapore

Explore AI's role in law at the India-Singapore Supreme Court conference on technology, enhancing judicial processes and access to justice, April 13-14, 2024.

12 April, 2024 06:16 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email