Indian Lawyers Are Banned From Advertising Their Legal Services: Understanding the Bar Council Rules

In simpler terms, advertising refers to the act of promoting and publicizing a product, service, or innovation to increase its recognition among the target audience. However, in India, the law prohibits advocates and lawyers from advertising their work, which means that any legal services offered by them cannot be advertised.

Law Related To Advertising Lawyer’s Work

The Bar Council of India, as per Section 49(1) of the Advocates Act, 1961, has the authority to establish rules and regulations to fulfill its functions under the Act. The Indian Bar Council has framed Bar Council Rules which cover various aspects such as the procedure for electing members, advocates' professional ethics, duties to be followed by advocates, and the classification of people to be enrolled as advocates.

The ban on advertising legal services by legal practitioners in India is a concept derived from the UK, where the legal profession is considered noble, and commercializing it through promotions is viewed as dishonorable and may result in unfair practices. In India, this ban on advertising legal services is highlighted in the Bar Council Rules, specifically Rule 36, which restricts advocates from advertising their services.

Rule 36 of the Bar Council Rules states the following –

"An advocate is prohibited from soliciting work or advertising, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interviews not warranted by personal relations, furnishing inspiring newspaper comments or producing his photographs to be published in connection with cases in which he has been engaged or concerned. Even the signboard, nameplate or stationery of an advocate should not indicate that he is or has been the President or Member of a Bar Council or of any Association or that he has been associated with any person or organisation or with any particular cause or matter or that he specialises in any particular type of work or that he has been a Judge or an Advocate General."

An advocate/lawyer in India who disregards Rule 36 of the Bar Council Rules and advertises their work, can be held liable for professional misconduct and can be prosecuted under Section 35 of the Advocates Act, 1961.

The Reason Behind The Prohibition Of Advertisements

The reason behind the prohibition of advertisements for legal services is elaborated in Rule 36 of the Bar Council Rules, which is in line with the Advocates Act, 1961. This rule restricts advocates from advertising or soliciting their work or engaging in any related activities.

In India, the legal profession is highly respected and considered noble, as legal practitioners work towards providing justice and serve a social cause. The nature of legal services is benevolent, and advertising by lawyers is not deemed honorable.

The reasons behind the prohibition of lawyers’ advertising are as follows: -

• To maintain the integrity of the legal profession: The primary duty of a lawyer is to provide access to justice and serve a social cause. Allowing lawyers to advertise their services could shift their focus from providing legal aid to building a personal brand through advertising, which is not in line with the noble nature of the profession.
• To prevent unethical practices: Advertising can lead to increased competition, which may cause lawyers to resort to unethical practices to attract clients. Furthermore, advertising expenses may lead to higher fees charged by lawyers, resulting in a decline in the quality of legal services.
• To prevent a disparity in legal representation: Small or mid-sized law firms may not have the resources necessary to advertise their services, which could lead to large firms dominating the legal market. This can result in a lack of representation for those who cannot afford the services of larger firms.
• To prevent misleading information: Advertisements can be misleading, and the use of hyperbole can be harmful to the public. Advertising legal services can violate ethical standards and harm the interests of those seeking legal aid.

Amendment To Rule 36

The Bar Council of India made an amendment to Rule 36 of the Bar Council Rules in 2008 to liberalize the strict ban on lawyer advertising. Earlier, lawyers/advocates were strictly prohibited from advertising their legal services, and any violation of this rule would result in punishment. However, the amendment now allows advocates/lawyers to showcase their basic information such as their name, contact details, qualifications, and areas of practice on their websites, subject to the provision of a disclaimer. The disclaimer must clearly state that the information furnished on the website is true and genuine.

It is important to note that the amendment only permits the advertising of specific information by advocates. If an advocate provides any extra information beyond what is allowed, they can be held liable for professional misconduct under Section 35 of the Advocates Act, 1961, and can be punished accordingly.

Related Case Laws

The justification behind prohibiting Indian Lawyers advertising their work is highlighted through various precedents. There have been contrasting views regarding the validity of Rule 36 of the BCI and the question of what can be considered as advertising of legal services.

1. C.D. Sekkizhar v. Secretary Bar Council[1]: in this case, the court stated that it was improper for advocates to advertise their work as it can create jealousy and was unsuitable to the noble profession.
2. N. Sharma, Advocate v. the State of Haryana: the court observed that the legal profession is noble in nature and is not a trade, thus, advocates should work to serve justice to clients.
3. Government Pleader v. S.A Pleader[2]: The court while examining this case, held that a lawyer sending a postcard containing his address, name, description would be considered as an advertisement and the lawyer would be liable for breaching the advocate’s professional code.
4. Tata Yellow Pages v MTNL[3]: the Supreme court in this case supported the validity of Rule 36 of BCI rules. it held that right to advertise falls within the purview of commercial speech and is thus protected under Article 19(1) of the Constitution which guarantees right to speech and expression. 
5. Writ Petition filed by V. B. Joshi[4]: This writ petition challenged the restriction on advertising of legal work, as imposed through Rule 36 of BCI rules. The court relaxed the restrictions and bought an amendment to Rule 36 by allowing the legal community and professionals to promote themselves and provide precise information about their field along with an authenticity guaranteeing declaration.

Advantages Of Lifting The Ban On Advertising

• Allowing advertisements can promote fair competition and prevent market monopolization, providing small and medium-sized businesses with a platform to showcase their services.
• Advertising is crucial for the public to make informed decisions about legal services. The current ban on legal advertising limits access to useful information, preventing individuals from selecting the right lawyer for their needs.
• Prohibiting legal advertising in India has led to missed opportunities for Indian lawyers to expand their business globally. Legal advertising can help rectify this issue.

Disadvantages Of Lifting The Ban On Advertising

• Allowing advertisements may shift legal practitioners' focus from honing their legal skills to marketing themselves, which may lower the standard of legal services.
• Legal advertising can be abused by dishonest companies and campaigners, who may disseminate false information, leading to deception and harm to the public. However, strict regulations and monitoring can prevent such abuse.

Global Take

Globally, there are differing opinions regarding the advertising of legal services. Previously, there was a complete ban on the advertising of legal services, but over time, certain countries have accepted and encouraged it.

Singapore and European Union countries promote the advertising of legal services. For instance, European Union countries permit lawyers to inform the public of the services they offer through advertisements, on the condition that the advertisements are genuine and accurate.

However, countries like the United States and United Kingdom only allow lawyers to advertise their services to a limited extent and with certain terms and conditions. For example, the importance of advertising legal services was recognized in the US through the landmark judgment of Bates v. State Bar of Arizona, where it was observed that legal service advertising benefits consumers. Rule 7 of Model Rules of Professional Conduct, 1983 of the American Bar Association disallows misleading advertisements. Currently, lawyers in the US are allowed to advertise their services, but they are not permitted to promote their work on a personal level with the aim of making money.

Conclusion

In conclusion, regulated advertising can potentially contribute to maintaining the dignity of the legal profession, as long as it is carried out in accordance with the law. Rather than an outright ban or limiting it to certain websites, legitimate advertising should be allowed across all platforms and media. It is important to establish effective standards and laws to regulate and monitor advertising in various media. Furthermore, advocates who provide inaccurate information or make false promises to their clients should be subject to strict penalties.

FAQs

[1]AIR 1967 Mad. 35,https://indiankanoon.org/doc/1258072/

[2]AIR 1929 Bombay 335, https://vlex.in/vid/government-pleader-vs-s-572111058

[3](1995) 5 SCC 139, https://main.sci.gov.in/jonew/judis/10667.pdf

[4] WP(C) 532 of 2000, https://indiankanoon.org/doc/499519/

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