New Delhi, India — The Bar Council of Context (BCI), India’s regulatory body for lawyers, has mandated all State Bar Councils to enforce stringent measures against attorneys who advertise or seek clients through online platforms. This decision aligns with a recent ruling by the Madras High Court, which emphasized that the legal profession is a dignified service to society rather than a commercial enterprise.
In compliance with this judgment, issued on July 3, 2024, the BCI has intensified scrutiny and taken a hard stand against practices that commercialize the profession, viewing them as a violation of ethical standards set for lawyers in India.
Additionally, the BCI has mandated the immediate removal of all lawyer profiles, advertisements, and solicitations from online platforms. These platforms have been given a four-week deadline to comply and are required to submit a detailed report of their actions to the BCI by August 10, 2024. Failure to follow these directives could lead to legal action and imposition of penalties by the BCI.
The BCI has issued public notices to online platforms and lawyers urging them to adhere strictly to Rule-36 of the Bar Council of India Rules. This specific rule restricts advertising and promotional activities by advocates, ensuring the profession maintains its integrity and focus on serving justice.
The High Court’s decision and subsequent actions by the BCI arise from concerns over online platforms misrepresenting legal services and facilitating unauthorized advertising practices among lawyers. The court clarified that online platforms engaged in such activities could not claim immunity under Section 79 of the Information Technology Act, as these actions are illegal under the Advocates Act and BCI Rules.
Reflecting on the court’s emphatic ruling, one notable directive requires lawyers to abstain from soliciting work through indirect means such as newsletters, third-party endorsements, or media engagement that is not warranted by personal relationships or direct relevance to handled cases.
The BCI’s decision underscores a broader initiative to preserve the sanctity of the legal profession in India. By firmly clamping down on commercialization through digital channels, they seek to reinforce that law should not be marketed like commodities or services.
Legal experts have reacted positively to the recent steps, highlighting that safeguarding the esteem of the legal practice involves maintaining clear boundaries between professional conduct and commercial solicitation. However, some argue that guidelines need modernization to better align with today’s digital reality, where visibility online can enhance accessibility and informational reach for legal services.
As the deadline approaches for compliance with the BCI’s latest directives, the legal community and online platforms are urged to review their practices. The emphasis remains on ensuring that the fundamental ethos of law as a noble profession is upheld, transcending the temptations of commercial gains through new media avenues.