Legal profession cannot be commercialized or treated as a business; advertisements and online solicitation by lawyers violate ethical standards.

ORDER

S.M.SUBRAMANIAM, J.

The writ on hand has been filed as a “Pro Bono Publico” in the interest of legal profession. Certain professional misconducts are alleged in the writ petition against the “Online Service Providers”.

2. The core contention of the petitioner is that the respondents 3, 4 and 5 are providing online lawyer services on their respective Domains and Applications, wherein Advocates openly solicit Legal works.

3. Online Service Providers are providing various day to day needs and requirements of general public. Among other requirements such as plumbing services, carpentry services, salon at home, driver, sofa cleaning, maid, baby sitter, cook, the respondents 3, 4 and 5 also offering lawyer services.

4. Upon a search being made for a lawyer, various options are offered such as Property/RERA lawyers, corporate lawyers, consumer lawyers, etc. On selection of the preferred subject, the user is required to provide his contact details and thereafter a verification PIN is sent to the mobile number, which is to be entered and immediately the next page provides a list of Advocates/Law Firms ranked as “Platinum, “Top Service Provider”, “Top Choice”, “Premium”, and simultaneously calls are made by the Advocates/Law Firms to the user soliciting their Legal work.

5. The petitioner sent representations to the respondents 1 and 2 to initiate appropriate actions to curb the illegal activity of online service providers. Online lawyer services are prohibited under the Bar Council of India Rules and amounts to misconduct under Section 35 of the Advocates' Act. Since no action has been taken by the respondents 1 and 2, the petitioner is constrained to initiate the present writ petition.

6. The learned Senior Counsel appearing on behalf of the 5^th respondent would submit that the 5^th respondent is providing only online directory services. The 5^th respondent is not soliciting works for lawyers. Providing directorate services are permissible under the Rules. Therefore, the 5^th respondent is unnecessarily implicated in the present case. However, the learned counsel for the petitioner disputed the same by producing documents, which would reveal that the 5^th respondent is also soliciting legal works through various methods. The modus operandi of these service providers are also placed before this Court thorough documents. This Court carefully considered those documents.

7. Unlike a few other countries, Indian legal profession is unique as we represent selfless courage by spearheading some of the rights based movements in our country. Our Indian freedom movement comprising of some of the best lawyers in the country stands testament to the same. Every lawyer in our country is a contributor in the process of delivery of justice. And it is not for any third party to brand or rate the services of a lawyer.

Legal profession is not and can never be treated as a business

8. Branding culture in the legal profession is detrimental to the society.

Ranking or providing customer ratings to lawyers is unheard of and demeans the ethos of the profession. Professional dignity and integrity must never be compromised especially in the legal profession.

9. It is agonising that some of the legal professionals today are trying to adopt a business model. Legal service is neither a job nor a business. A business is driven purely by profit motive. But in law, larger part is a service to the society. Though a service fee is paid to a lawyer, it is paid out of respect for their time and knowledge.

10. The legal profession cannot be viewed with a shallow lens. Some may try to find merit in the argument that with the growing need for professional services, a business model can help in its growth further. But this Court does not affirm this view. The tools employed in the profession can be upgraded or changed based on changing circumstances, (A classic example of this is of our seamless shift from physical hearing to virtual hearing during the COVID-19 lockdown). But the spirit