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(Guest)

Can a lawyer advertise his service openly?

can a lawyer advertise his service openly? i think it is beneficial for today's competitive market.

 

what do you think?



Learning

 11 Replies


(Guest)

YA EVERY LAWYER CAN ADVERTISE. IT IS PART OF RIGHT TO LIFE IN MY OPINION BECAUSE ONE COMPLETELY DEPENDS ON ONE'S OWN SKILLS OR SPECIALISATION FOR EARNING HIS LIVELIHOOD AND TO MEET HIS BOTH ENDS. I THINK GMAIL HAS TAKE AN INITIATIVE IN MAKING YOUR EMAIL MORE PROFESSION.

daman preet singh (advocate)     04 February 2012

no lawyer cannot advertise openly it is against legal ethics. It is prohibited by advocates Act 1961

Shailesh Kumar Shah (Advocate)     04 February 2012

No. extract of relvant part of BCI Rules:- "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. That this Rule will not stand in the way of advocates furnishing website information as prescribed in the Schedule under intimation to and as approved by the Bar Council of India. Any additional other input in the particulars than approved by the Bar Council of India will be deemed to be violation of Rule 36 and such advocates are liable to be proceeded with misconduct under Section 35 of the Advocates Act, 1961."

Democratic Indian (n/a)     04 February 2012

This Rule 36 of the Advocates Act, 1961 appears to be direct confrontation with Articles 19(1)(a)&(g) and 21. Surprising that no advocates are oposing this arbitary rule?

DR.SANAT KUMAR DASH (Eye Specialist)     19 February 2012

No........Advocate      can    not    Advertise,    because    it    is     a    Misconduct   &   against     the    Legal   Ethics.


(Guest)

Sadly:(,In india no lawyer can advertise his/her service openly.In other countries it is accepted.

Agree with Democratic Indian.

stanley (Freedom)     16 April 2012

I agree with Daman. 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     12 May 2012

Neither a lawyer nor a doctor can advertise his service in India. This is an archaic convention from British times. In the USA not only lawyers can advertise their services, but can even enter into a deal with the client to share the spoils. In India also some lawyers try, particularly in accident cases, though clandestinely. There is a debate as to whether this convention should continue. This convention creates a handful of celebrated lawyers and all others remain pathetically anonymous with no brief. This convention affects not only lawyers but their potential clients too. When one wants to fight a case and seek justice, one does not know where to go. Clients become victims of touts and land with the wrong ones.

Though doctors and lawyers cannot advertise, nowadays they get listed in yellow pages and classified websites. With the commercialisation of medicine, doctors get advertised through speciality hospitals.

Why the laws do not change? It may be because the few celebrated lawyers become law-makers and they do not want competition.

Nikunj Mistry (Director)     21 May 2012

In regards to the topic of Can a lawyer Advertise his/her service openly in India? I read the following article in The Indian Express of JULY 28 , Tue Jul 29 2008.

The Bar Council of India on Monday told a three-member bench of the Supreme Court headed by Justice B N Aggarwal that it has decided to let advocates advertise on the internet.

The bench was hearing a petition filed by an advocate, V B Joshi, challenging Rule 36, Section IV of the BCI rules which prohibits the legal fraternity from advertising their services.

Bringing an amendment to the said rule, the BCI resolved that advocates could furnish the information on their chosen website. The amendment allows advocates to mention in their chosen websites their names, telephone numbers, e-mail IDs and professional and educational qualifications. Justice S H Kapadia, who was part of the bench perusing the amended notification, suggested that advocates may also state their areas of specialisation and years of experience.

The BCI had earlier contended that the legal profession was not a trade and hence, advocates could not be permitted to advertise their services.

However, the BCI submitted that such advertisements can be issued only within the parameters fixed by it under the amended regulations and any breach of the same would invite disciplinary action and would constitute professional misconduct.

The regulatory body had earlier taken the view that unlike western countries where lawyers were permitted to advertise their services, the same cannot be permitted in India as it “cherished different ethos, social values and ethical norms.”

Perusing it, the court directed the petitioner to file his response to the amended rule of the BCI and adjourned the matter.

Nikunj

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 May 2012

Have they elaborated on what are those "cherished different ethos, social values and ethical norms", which should prohibit a lawyer in India, to advertise unlike his counterpart in Western Countries. Our legal system was introduced in India by the British. If there are any cherished "so and so" in the Indian system, they are the few Urdu words borrowed from the then exististing system in India. If there is a member from BCI in LCI, can he explain how exactly that if lawyers are allowed to advertise, it will destroy the cherished etc. etc.

The BCI is dominated by a few successful lawyers, who do not want competition. This issue is important not just to lawyers only, but the general public also. The public will benefit with improvement in the quality of legal dispensation. The issue should not remain confined within the four walls of courts, where there would be only a few belonging to the legal fraternity, but should be brought out for a public debate.

Puneet Batish (Attorney at Law)     19 February 2013

Indian Lawyers/Advocate/Attorneys/Law firms can Advertise Now : Bar Council of India Rules Amended says Indian Express - https://g8.geekupd8.com/AdvocatesAdvertismentRules

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