Articles

CAN AN ADVOCATE SOLICIT WORK OR ADVERTISE ?

Legal profession is considered noble profession and solicitation of work or adverting by advocates is not permissible. Rule 36 of Chapter II of Part VI of Bar Council of India Rules prohibits an advocate from soliciting 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 has to of reasonable size. His signboard, nameplate or stationery should not indicate that he has been President or Member of  Bar Council or any other association. Such signboard, nameplate or stationery should also not show that he has been associated with any person or orgnisation or any particular cause or matter or that he specializes in any particular type or work or that he has been a Judge or Advocate General.

2008 amendment to Rule 36 permits advocate to place information on website after approval from Bar council of India. These information can consist of name, address, telephone number, e-mail, enrolment details, professional and academic qualifications and areas of practice.

Bombay High Court in Government Pleader Vs S. A. Pleader (AIR 1929BOMBAY 335) was a case under Bombay Pleaders Act. In that case the pleader has sent postcard to public in respect of work related with examining accounts of wakf properties. The Bombay High Court held the pleader has indulged in advertising which is unprofessional and reprimanded the advocate.

In Re: Mr. A, an Advocate (AIR 1962 SC 1337 ) an Advocate on Record  practicing at the Supreme Court has sent letter to Ministry of Law, Maharastra soliciting work. In the inquiry the said advocate even refused to accept that he has written the letter. The Supreme Court suspended him from practice for five years.

In Bar Council of Maharastra Vs. M. V. Dabholkar (1976 ) 2 SCC 291 the Supreme Court was dealing with a case wherein the Maharastra Bar Council has found some advocates guilty of misconduct for snatching briefs when clients entered court complex. The Bar Council of India has reversed the findings of Maharastra Bar Council. The Supreme Court reversed the findings of the Bar Council of India and held that Rules regarding Professional Conduct are not exhaustive. The Supreme Court held that canons of ethics and propriety for the legal profession totally taboo conduct by way of soliciting, advertising, scrambling and other obnoxious practices, subtle or clumsy for betterment of legal business.  The Supreme Court observed that law is no trade, briefs no merchandise and so the leaven of commercial competition or procurement should not vulgarise the legal profession.

Should advertising by advocates be permitted ?

Complete prohibition on advertising is prejudicial to interests of the clients, as clients have also right to know the services provided by advocates.  In USA right to advertise is available to the advocates under right to freedom of speech and expression subject to certain limitations. In England also Solicitors Advertising Code, 1990 has been amended to take into account right of clients to make informed decisions.

The Supreme Court in Tata Press Ltd Vs. Mahanagar Telephone Nagar Ltd. (1995) 5 SCC 139 held that Article 19 (1) (a) not only guarantees freedom of speech and expression, it also protects the rights of an individual to listen, read, and receive the said speech. The Protection of 19 (1) (a) is available to the speaker as well as the recipient of the speech.

_______________________________________________________

Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

Mukesh Kumar Suman

Mukesh Kumar Suman

Mukesh Kumar Suman is an advocate based at Delhi. He has rich experience in civil, criminal, commercial, arbitration and corporate insolvency matters. He regularly appears before District Courts, NCLT, NCLAT, High Court and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

Leave a Reply

Your email address will not be published. Required fields are marked *