BCI Directs State Bar Councils to Take Action Against Lawyers Advertising, Seeking Work Through Online Portals

Upholding the Nobility of the Legal Profession

In a significant move, the Bar Council of India (BCI) has directed all State Bar Councils to take stringent disciplinary actions against advocates found advertising or seeking work through online portals. This directive comes in compliance with a recent judgment pronounced by the Madras High Court on July 3, 2024.

The Madras High Court's judgment underscores that the legal profession is a noble service to society and not a business driven by profit motives. The court observed that marketing legal services or bringing a "branding culture" into the legal profession can bring down its nobility and integrity, which is detrimental to society as a whole.

BCI's Directives to State Bar Councils

In line with the court's directive, the BCI has issued the following instructions to the State Bar Councils:

1. Initiate Disciplinary Proceedings : Take stringent disciplinary actions against advocates found advertising or seeking work through online portals, in violation of Rule 36 of the Bar Council of India Rules. Disciplinary actions may include suspension or removal from the roll of advocates.

2. File Complaints Against Online Platforms : File complaints against online service providers who facilitate the illegal advertisement of lawyers, such as Quikr, Sulekha , JustDial, and Grotal.

3. Ensure Removal of Illegal Advertisements : Coordinate with government authorities to enforce the removal of advertisements published by lawyers through these online platforms and prevent such illegal activities in the future.

Compliance Deadline and Consequences

The BCI has directed the online platforms to remove all content violating Rule 36 of the BCI Rules within four weeks from the issuance of the circular. Failure to comply with these directives will result in the BCI initiating legal proceedings and seeking appropriate penalties against the non-compliant organizations.

Madras High Court's Observations

The Madras High Court's judgment highlighted the following key points:

• The legal profession is a noble service to society, not a business driven by profit motives.
• Marketing legal services or bringing a "branding culture" into the legal profession can bring down its nobility and integrity, which is detrimental to society.
• Online platforms cannot seek protection under Section 79 of the Information Technology Act for activities that are illegal under the Advocates Act and BCI Rules.

Conclusion

The BCI's directives to the State Bar Councils, in compliance with the Madras High Court's judgment, aim to uphold the integrity and nobility of the legal profession. By cracking down on the advertisement and solicitation of legal services through online portals, the BCI seeks to ensure that the legal profession remains true to its core values of service and ethical conduct.