New Trends In Advertising Done By Lawyers In India


Essay, 2017

7 Pages


Excerpt

ABSTRACT

Rule 36 of Bar Council Of India Rules, 1975 says that “An Advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interviews not warranted by personal relations, furnishing or inspiring newspaper comments or producing his photograph to be published in connection with cases in which he has been engaged or concerned. His sign-board or name plate should be of a reasonable size. The sign-board or name-plate or stationery should not indicate that he is or has been President or Member of a Bar Council or of any Association or that he has been associated with any person or Organisation or with any particular cause or matter or that he specialises in any particular type of work or that he has been a Judge or an Advocate General”. And Under Section 1 Rule 7 of PART V I, 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 of the Advocate use to wear their uniform even outside the court premises which is violation of the Rule mentioned in the Section I Rule 7 of PART VI, CHAPTER II of Bar Council Of India Rules, 1975 i.e. DUTY TO THE COURT. 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 were using for advertisement and also it is violation of law.

Keywords: - Advertisement, Ethics, Dress code, Band

METHODOLOGY

I have used both Doctrinal and Non- Doctrinal methods for this research. For doctrinal research I have used Journal, articles, Bare Acts, Case Laws, News paper etc and for Non-Doctrinal Research I have taken an Open Interview Methods for collecting Data. I have taken Interview of Mr. M., a practicing advocate before Raipur District Court and Partner in [redacted], Raipur, C.G.

ACKNOWLEDGEMENT

I am thankful to Mr. M., a practicing advocate of Raipur District Court and Partner in [redacted] for furnishing me his valuable time for open discussion in relating to topic “Right to Advertisement for Advocate”. And while discussing with him he has pointed out that the restrictions in regards to the advertisement of advocates though mentioned in the BCI of Rule 36. However, advocates are making advertisement of their profession by means of other ways.

INTRODUCTION

Like any other profession legal profession is a noble profession and to protect the ethics of this profession there is restriction imposed on every advocate that no advocate should be allowed to advertise himself for the protection of justice. And not only in India but even in many other countries advocates were not allowed to advertise. To protect the legal profession form commercialization Bar Council of India has laid down certain rules in Bar Council Of India Rules, 1975 which advocate need to follow and among such rules one of the rule is Rule 36 which states that “An Advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interviews not warranted by personal relations, furnishing or inspiring newspaper comments or producing his photograph to be published in connection with cases in which he has been engaged or concerned. His sign-board or name plate should be of a reasonable size. The sign-board or name-plate or stationery should not indicate that he is or has been President or Member of a Bar Council or of any Association or that he has been associated with any person or Organization or with any particular cause or matter or that he specializes in any particular type of work or that he has been a Judge or an Advocate General”.[1] So form this rule we find that Advocates were not allowed to any kind of directly and indirect practice of advertisement. But what is direct and indirect that is not mentioned here.

In one of the leading case relating to Right To advertisement of Advocate in Bar Council of Maharastra vs. M.V. Dhabolkar ( 1976) 2 SCC 291[2], Justice Krishna Iyer observed that “ law is not a trade, not briefs and a merchandise and so the heaven of Commercial competition or procurement should not vulgarize the legal profession”.

Again in Section I 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”[3]. But in practice we will find that this rule is being violated.

RIGHT TO ADVERTISEMENT

According to Lalit Bhasin[4], presedient of the Society of Indian Law Firms whatever instances mentioned in Rule 36 of Bar Council of India Rules, 1975 aren’t exhaustive but it’s merely an indicative. So according to him any kind of promotion is a violation of the rule. Even according to him there should either be strict implementation of the rule or a complete change in the norms.

Even according to V. Lakshmi Kumaran [5], managing partner, Lakshmikumaran and Sridharan (L&S) “BCI is still in the Stone Age and continues to think of law as a ‘noble profession’,” which is the moral reasoning behind the prohibition against advocate for advertisement.

According to Rule 36 of BCI practitioners of law in India must not advertise or solicit either directly or indirectly through the media. But in a petition filed by an advocate, V B Joshi[6], challenged the Rule 36, Section IV of the BCI rules which prohibits the legal fraternity from advertising their services and due these, recent amendment to these rule has been made, wherein law firms are allowed to set up websites. After the amendment a proviso was added to Rule 36 of the Bar council of India Rules-

“PROVIDED that this rule will not stand in the way of advocates furnishing website information as prescribed in the Schedule under intimation to and as approved by the Bar Council of India. Any additional other input in the particulars than approved by the Bar Council of India will be deemed to be violation of Rule 36 and such advocates are liable to be proceeded with misconduct under Section 35 of the Advocates Act, 1961”[7]

[...]


[1] Bar Council Of India Rules, 1975 http://admis.hp.nic.in/himpol/Citizen/LawLib/Amendments/Bar%20consi_rules/BAR%20COUNCIL%20OF%20INDIA%20RULES.htm

[2] Nishant Kumar Singh, Should Lawyers be allowed to advertise?, MANUPATRA, http://www.manupatra.co.in/newsline/articles/Upload/3C01B4AD-8919-4306-8AAA-409D1C2BBDA8.pdf

[3] Supra 1.

[4] Monalisha, Law firms find loopholes to promote their services, LIVEMINT (Jul 05 2013. 12 07 AM) http://www.livemint.com/Companies/vqsXsEeGYuqPli9I8TPL0O/Law-firms-find-loopholes-to-promote-their-services.html

[5] Id.

[6] Advocates can now advertise, The Indian Express,( Jul 29 2008, 00:43 ) http://archive.indianexpress.com/news/advocates-can-now-advertise/341616/

[7] Advocates Barred From Advertising Their Services Law Essay, LAWTEACHER, (November 2013). http://www.lawteacher.net/free-law-essays/public-law/advocates-barred-from-advertising-their-services-law-essay.php?cref=1

Excerpt out of 7 pages

Details

Title
New Trends In Advertising Done By Lawyers In India
College
Indian School of Business Management & Administration
Course
Law
Author
Year
2017
Pages
7
Catalog Number
V369127
ISBN (eBook)
9783668461024
File size
498 KB
Language
English
Tags
advocate rights, advertisement, Professional ethics
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

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