There is a complete ban on advertising for lawyers in India. The Bar Council of India, pursuant to its functions mentioned under Section 7(1)(b)[9] of the Advocates Act read with its powers to make rules under Section 49(1)(c)[10] has framed Rule 36 of the Bar Council of India Rules under Section IV(Duty to Colleagues) of Chapter II(Standards of Professional Conduct and Etiquette) of Part IV(Rules Governing Advocates). Rule 36 reads as under:
“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.”
Thus, it is against an advocate’s code of ethics to solicit or advertise work and amounts to a misconduct on the part of the advocate. Both direct and indirect advertising is prohibited. An advocate may not advertise his services through circulars, advertisements, touts, personal communication or interviews not warranted by personal relations. Similarly, the following forms of indirect advertising are prohibited:
i. by issuing circulars or election manifestos by a lawyer with his name, profession and address printed on the manifestos, thereby appealing to the members of the profession practising in the lower courts who are in a position to recommend clients to counsel practising in the high court
ii. canvassing for votes by touring in the province or sending out his clerk or agents to the various districts, which must necessarily mean directly approaching advocates practising in subordinate courts.
Further, the signboard or nameplate displayed by an advocate should be of a reasonable size. It should not refer to details of an affiliated by the advocate i.e. that he is or has been president or member of a bar council or of any association, or he has been a Judge or an Advocate-General, or that he specialises in a particular kind of work, or that he is or was associated with any person or organisation or with any particular cause or matter.
Further advertising on internet is also prohibited. Bar Council of India, in a notice dated 21st October 1999, reaffirmed that such ‘advertisements’ on the Internet are considered an offence. It ordered all the legal Websites to be withdrawn immediately, under threat of legal action ranging from temporary suspension to permanent debarring of the lawyer from practice.[11] Also publishing in online legal dictionaries is a bar for advocates. The above rule has been vehemently enforced by the Bar Council of India, simply disregarding all the criticisms made against this archaic rule.
The law under Bar Council of India Rules
The roots of this law are based on age old Victorian notions of British Common law.[12] The conception of legal services as a ‘noble profession’ rather than services has resulted in the formulation of such stringent and restrictive regulatory machinery. This law relating to bar on advertisement for legal professionals has been justified on the grounds of public policy and ‘dignity of profession’.[13] Letting advertise, would lead to the commercialization of this noble profession and would degrade it. Further, the words of Section IV of Chapter II of Part IV of Bar Council of India Rules are clear i.e. “Duty to colleagues”. This means that the another reason behind enactment of such a norm is to prevent the advocates, law firms, etc from enticing the clients of their adversary and to snatch away the business of their adversary. Such a law is also made in order to help the small and unknown advocates and firms to rise in the market and do business. The purpose behind it is to prevent a set of lawyers from taking unreasonable advantage otherwise the same names would appear time and again.[14] Also such a law prevents lawyers from falling below their dignity in order to fetch clients by doing anything and thus degrading the nature of the profession.
The Judiciary on this rule
The courts have more or less agreed with the view of the Bar Council and have implemented the rule laid down by the Council pertaining to advertising. The Supreme Court of India observed in Bar Council of India v. M. V. Dhabolkar,[15] that “…..the canons of ethics and propriety for the legal profession totally taboo conduct by way of soliciting, advertising, scrambling and other obnoxious practices….” It further noted that “Law is not a trade, not briefs, not merchandise, and so the heaven of commercial competition should not vulgarize the legal profession”.
The Allahabad High Court[16] observed that self advertising tends to lower the dignity of this honourable profession and is undoubtedly akin to touting. The Bombay High Court in Government Pleader v. S, a Pleader[17] considered sending a circular postcard merely giving the address and description as an improper conduct by the Advocate. The High Court of Madras went one step ahead in SK Naicker v. Authorised Officer[18] and held that even a sign board or a name-plate should be of a moderate size. It has been further observed that writing of articles for publication in newspapers under his signature, where the writer describes himself as an Advocate practicing in the court as a flagrant breach of professional etiquette.[19]
Thus, legal advertising by far is a taboo in India and the courts have more or less approved and agreed with this rule framed by Bar Council of India.
