Personal Communication of Advocates
Soma
(Querist) 24 March 2010
This query is : Resolved
I am a practising Advocate, Having my own letter head which I use to write legal notice etc. In my letter head my qualifications and the word 'Advocate' are mentioned followed by my name.
Now my query is that whether for my personal communication can I use my letter head? For example if I have to write a letter to a newspaper editor or a friend can I use my letter head?
Whether such an act will fall under advertisement?
DD Sathe
(Expert) 24 March 2010
I don't see any reason for not using letter head. Contents will determine notice etc.
All the best.
Parveen Kr. Aggarwal
(Expert) 24 March 2010
How can a letter head be termed as an advertisement when it only contains your name, educational qualifications and that you are an advocate unless you solicit work thereby.
The relevant rule of the Bar Council of India Rules, Part VI, Chapter II, Section IV-Standards of Professional Conduct and Etiquette:
"36. 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. His sign-board or name-plate should be of a reasonable size. The sign-board or name-plate or stationery should not indicate that he is or has been 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 worker or that he has been a Judge or an Advocate General."
B K Raghavendra Rao
(Expert) 25 March 2010
Your letter head is only an piece of identification and hence it is not an advertisement. You may write letter to the editor as well as your friend in your letter head.
Sanjeev Panda
(Expert) 25 March 2010
I do agree with Mr. Parveen and Mr. Rao
Daksh
(Expert) 25 March 2010
Dear Soma,
There is no bar as you are apprehending and you may go ahead in this regard.
God bless
Best Regards
Daksh
Soma
(Querist) 25 March 2010
Thanks to all seniors
adv. rajeev ( rajoo )
(Expert) 25 March 2010
There is no bar to use your letter head to write your personal letters.
Parthasarathi Loganathan
(Expert) 25 March 2010
But I am sure Soma being a practicing lawyer would duly exhibit all his professional ethics while writing articles to newspapers.
Kumar Thadhani
(Expert) 26 March 2010
Yes I do not think would there be any harm in using your letter-head from where you are not soliciting for any business.
