SC issues notice to BCI in plea urging relaxation on rules during difficult times

On July 14, 2020 the bench comprising of Chief Justice SA Bobde and Justices R Subhash Reddy and AS Bopanna while hearing a petition filed by Advocate Charanjeet Chanderpal, seeking direction to BCI so it can relax rules of professional conduct and allow lawyers to advertise to get work and take up other assignments during the COVID-19 crisis.

Courts across the country are hearing urgent matters only via video link from last week of March due to the pandemic situation making things difficult for common lawyers. The petition highlighted the fact that the closure of courts across the country due to the COVID-19 pandemic has resulted in many lawyers losing their sources of income, owing to which many advocates have taken their own lives.

The Advocates Act of 1961 imposes certain restrictions on advocates while taking up other sources of employment or other professions. Further, it also restricts advocates from advertising and soliciting work as provided under Sections 35 and 49 of the Act, read with the Rules under this Act. The petition urged for some relaxations on these rules during these difficult times.

The Bar Council of India (BCI) has earlier approached the Supreme Court seeking direction to the Central Government and the State Governments to arrange financial assistance for advocates affected by COVID-19. The petition adds that a one-time financial grant and similar schemes may not be fruitful in alleviating the plight of many lawyers who are financially strained. The petition urged for a more permanent solution.

The petition has also sought directions to the BCI to amend the rules thus relaxing the provisions under the Act to

• Issue a clarification as regards a practising lawyer’s position as a “sleeping partner” or “sleeping director” in an organization and effectively clarify Chapter III Rule 2 of the Rules so that advocates may be employed as legal advisors on a retainer basis.\
• Issue a circular permitting advocates use of advertisements and WhatsApp messages to solicit chamber work like income tax assistance, GST assistance or registration work
• Permit advocates to take up alternative sources of livelihood and income to sustain themselves, with an undertaking to be provided that the same shall not continue beyond March 2021

The Chief Justice SA Bobde has directed BCI to file its reply within 2 weeks.