SC issues notice to BCI in plea seeking permission for lawyers to advertise, be employed on retainer basis during Covid-19

BACKDROP

Supreme Court bench comprising of Chief Justice of India SA Bobde with N. Subhash Reddy and AS Bopanna filed a plea seeking issuance of directions to the Bar Council of India to relax professional conduct and permit lawyers to advertise till March 2021. To allow public listings so that other para-legal work can be taken up by them to earn their livelihood.Same was pleaded due to pandemic situation where in middle class and lower-middle class working section of the society has been worst hit and includes lawyers in it too and it has become difficult for them to sustain and thus, there is a need to allow alternative means of sustenance.

CONCERNS IN THE PLEA

The PILfiled by a practicing lawyer and Senior Standing Counsel to the income Tax Department, CharanjeetChanderpal, in his capacity as Secretary General of a NGO 'Nitya Law Society', requesting for relaxations in rules of professional conduct debarring advocates from advertising and allowing them to take-up alternative works to sustain livelihood.

The plea said:

"Advocates are dying, landing in depression, are not having money for medical expenses for their dependents etc, there are also reports of suicides and this has happened due to closure of Courts and other legal activities as a result of COVID-19 lockdown."

ADVOCATES ACT, 1961

The act imposes restriction on restrictions on lawyers practising before the courts when it comes to taking up other sources of employment or other professions. Further, advocates are also restricted from advertising and soliciting work. Also, provides punishment for the same under misconduct in Section 35 and 49 of the act.

SUGGESTIONS MADE IN THE PLEA

The petition subsequently prayed for amendments be made to the BCI Rules by issuing a circularor suspension of the existing laws and further stated that modifications or adjustments be made to Section 49 of the Advocates Act,1961.

Furthermore, the plea has also mentioned some suggestions as to minimise the problems faced by the advocates in these tough times:

• Issue a clarification as regards a practicing lawyer’s position as a “sleeping partner” or “sleeping director” in an organization and effectively clarify Chapter III Rule 2 of the Bar Council Rules so that advocates may be employed as legal advisors on a retainer basis.
• A circular to be issued permitting advocates to advertise and use WhatsApp to solicit chamber work like income tax assistance, GST assistance, registration of societies, trusts including assistance in online filing of cases.
• To permit advocates to take up alternative sources of livelihood and income to sustain themselves, and an undertaking that same shall not be continued after March 2021.

The Supreme Court has fixed the hearing after two weeks and has issued notice to the Bar Council of India.