Bar Council of India Cracks Down on Lawyers Advertising Online
The Bar Council of India (BCI) has directed all State Bar Councils to take strict disciplinary actions against lawyers found advertising or seeking work through online portals. This directive follows a judgment by the Madras High Court on July 3, 2024, which emphasized that the legal profession is a noble service to society, not a business driven by profit motives.
The BCI has issued cease and desist notices to online platforms, instructing them to remove all listings, profiles, and advertisements related to legal practices by advocates immediately and no later than four weeks from the date of the notice. A detailed compliance report outlining the actions taken must be submitted to the BCI by August 10, 2024.
Failure to comply with these directives will result in the BCI initiating legal proceedings and seeking appropriate penalties against non-compliant organizations. The BCI has also issued a public notice to all portals, online platforms, and advocates to ensure strict compliance with Rule-36 of the Bar Council of India Rules, which prohibits such advertisements.
The Madras High Court directed the BCI to issue guidelines to State Bar Councils to initiate disciplinary proceedings for misconduct against advocates advertising or soliciting work directly or indirectly. The court ruled that online platforms cannot seek protection under Section 79 of the Information Technology Act for activities illegal under the Advocates Act and BCI Rules.