Rule 36 of the Bar Council Of India Rules from 1975 states that “[a]n Advocate shall not solicit work or advertise, either directly or indirectly […]. His sign-board or name plate should be of a reasonable size.”. And Under Section 1 Rule 7 of PART VI, CHAPTER II of Bar Council Of India Rules, 1975 i.e. DUTY TO THE COURT says that “An Advocate shall not wear bands or gown in public places other than in Courts except on such ceremonial occasions and at such places as the Bar Council of India or the Court may prescribe”. But in practice it is found that most advocates wear their uniform even outside the court premises, which is a violation of the rule. Now my question is whether this is a kind of advertisement done by the Advocates. Through my research paper, I will try to figure out some of the ways which advocates are using for advertisement, and also if it is in violation of the law.
Table of Contents
- Abstract
- Keywords
- Methodology
- Acknowledgement
- Introduction
- Right to Advertisement
- New Trends of Advertisements
- Violation of Section I Rule 7 of PART VI, CHAPTER II of Bar Council Of India Rules, 1975 i.e. DUTY TO THE COURT
Objectives and Key Themes
This research paper aims to investigate the methods used by advocates for advertisement and determine whether these methods violate existing laws. It examines the ethical considerations surrounding advertising in the legal profession in India, focusing on the interpretation and enforcement of the Bar Council of India Rules, 1975.
- The prohibition of advertising by advocates in India.
- Interpretation of "direct" and "indirect" advertising under the Bar Council of India Rules.
- Methods of indirect advertising employed by advocates.
- The role of dress codes and professional attire in advertising.
- The conflict between ethical regulations and modern practices.
Chapter Summaries
Abstract: This abstract provides a concise overview of the research paper's focus, which is to examine the ways in which advocates in India advertise their services despite the restrictions imposed by Rule 36 of the Bar Council of India Rules, 1975. It highlights the conflict between the rules and the practices of many advocates.
Introduction: The introduction establishes the context of the research by outlining Rule 36 of the Bar Council of India Rules, 1975, which prohibits advocates from soliciting work or advertising their services, either directly or indirectly. It mentions key case law (Bar Council of Maharashtra v. M.V. Dhabolkar) that underscores the principle of maintaining the legal profession's integrity and preventing its commercialization. It also references Section I, Rule 7, concerning the wearing of bands and gowns outside of court, raising questions about its potential function as indirect advertising. The introduction sets the stage for the paper's exploration into the gap between legal restrictions and the reality of advertising practices.
Right to Advertisement: This chapter delves into different perspectives on the right to advertisement for advocates in India. It discusses the views of prominent figures like Lalit Bhasin, who suggests the existing rule is either under-enforced or needs complete revision, and V. Lakshmi Kumaran, who criticizes the Bar Council of India's outdated approach to the legal profession. The chapter also examines the amendment to Rule 36, allowing websites with basic information, and analyzes how law firms might exploit this amendment, often exceeding the limits of "basic information," thus continuing indirect advertising through various online strategies, including brochures and client testimonials. The chapter illustrates the ongoing tension between maintaining the legal profession's dignity and allowing for modern means of communication and information dissemination.
New Trends of Advertisements: This chapter explores current trends in advertising within the legal profession, focusing on practices that may not fall directly under the definition of direct advertisement but still serve a promotional purpose. It uses the analysis of various law firm websites as a case study, showing examples of how "basic information" is interpreted and how several firms may be circumnavigating the rules through creative use of website content. The chapter demonstrates a need for clearer regulations or stricter enforcement of the existing ones.
Violation of Section I Rule 7 of PART VI, CHAPTER II of Bar Council Of India Rules, 1975 i.e. DUTY TO THE COURT: This chapter specifically addresses the violation of Section I, Rule 7, which prohibits advocates from wearing bands or gowns in public places other than courtrooms. Through an interview with a practicing advocate, Mr. M., the chapter explores the reasons behind this violation and whether it constitutes indirect advertising. The chapter highlights the conflicting perspectives on the issue and concludes by stressing that rules must be followed regardless of personal grievances, emphasizing the importance of adhering to legal regulations, and outlining the process for addressing concerns through legal channels.
Keywords
Advertisement, legal ethics, lawyer advertising, Bar Council of India Rules, professional conduct, indirect advertising, dress code, website advertising, India, legal profession.
Frequently Asked Questions: Analysis of Advocate Advertising in India
What is the main topic of this research paper?
This research paper investigates the methods used by advocates in India to advertise their services, examining whether these methods violate existing laws, specifically focusing on the Bar Council of India Rules, 1975. It explores the ethical considerations surrounding advertising in the Indian legal profession and the conflict between traditional regulations and modern practices.
What are the key themes explored in the research?
Key themes include the prohibition of advocate advertising in India; the interpretation of "direct" and "indirect" advertising under the Bar Council of India Rules; methods of indirect advertising employed by advocates; the role of dress codes and professional attire in advertising; and the conflict between ethical regulations and modern advertising practices.
What are the main chapters covered in the research paper?
The paper includes an abstract, introduction, a chapter on the right to advertisement for advocates, a chapter on new trends in advocate advertising, a chapter focusing on the violation of Section I, Rule 7 (regarding the wearing of bands and gowns), and a conclusion. Each chapter delves into specific aspects of advocate advertising in India.
What are the key findings regarding the right to advertisement for advocates?
The research explores differing viewpoints on advocate advertising, including those who believe the existing rules are outdated or under-enforced and those who advocate for stricter adherence to ethical guidelines. The chapter on the right to advertisement analyzes the amendment to Rule 36 allowing websites with basic information and how law firms might circumvent this rule through indirect advertising.
How does the research paper analyze "new trends of advertisements"?
This section analyzes current trends in advocate advertising, focusing on practices that may not be directly considered "direct advertising" but still serve a promotional purpose. It uses case studies of law firm websites to illustrate how "basic information" is interpreted and how firms might creatively use website content to circumvent the rules.
What is the significance of Section I, Rule 7 of the Bar Council of India Rules, 1975?
This rule prohibits advocates from wearing bands or gowns in public places outside of courtrooms. The research examines whether this rule is violated and whether such violations constitute indirect advertising. It includes an interview with a practicing advocate discussing this issue and its implications.
What is the overall conclusion of the research?
The research highlights the ongoing tension between maintaining the dignity of the legal profession and adapting to modern communication methods. It emphasizes the need for clearer regulations or stricter enforcement of existing rules to address the issue of advocate advertising in India.
What are the keywords associated with this research?
Keywords include: Advertisement, legal ethics, lawyer advertising, Bar Council of India Rules, professional conduct, indirect advertising, dress code, website advertising, India, legal profession.
- Quote paper
- BA.LLb, LLM, Mphill, Phd (perusing) PYALI CHATTERJEE (Author), 2017, New Trends In Advertising Done By Lawyers In India, Munich, GRIN Verlag, https://www.grin.com/document/369127
