Explained: Why lawyers in India can’t advertise their services

Subsection 1(c) of Section 49 of The Advocates Act, 1961 (‘General power of the Bar Council of India to make rules’) empowers the Bar Council of India to make Rules on ‘the standard of professional conduct and etiquette to be observed by advocates’.

Clause 36 under Section IV (‘Duty to Colleagues’) of the ‘Standards of Professional Conduct and Etiquette to be Observed by Advocates’ laid down by the Bar Council of India says:

“An Advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interview not warranted by personal relations, furnishing or inspiring newspaper comments or procuring his photograph to be published in connection with cases in which he has been engaged or concerned.”

Also, “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 Members 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.”

An advocate who contravenes these Rules can be prosecuted under Section 35 of The Advocates Act, 1961. Under this Section (‘Punishment of advocates for misconduct’), a state Bar Council has the following powers: dismiss the complaint, reprimand the advocate, suspend the advocate from practice for a limited period, remove the advocate’s name from the state roll of advocates.

Is the same system followed in other countries as well?

Not always. The rules in some other countries are as follows:

UNITED KINGDOM: Under the Solicitors’ Code of Conduct 2007 in the United Kingdom, advertising is allowed for lawyers. The Code is made by the Solicitors Regulation Authority, the regulatory body for solicitors in England and Wales.

The Introduction to Rule 7 of the Code says:

“You are generally free to publicise your firm or practice, subject to the requirements of this rule.”

SINGAPORE: The country’s Legal Profession Act allows advertising.

Section 4 of the Legal Profession (Publicity) Rules says:

“An advocate and solicitor may, subject to these Rules, publicise his practice or the practice of his firm, or allow his employees or agents to do so.”

AUSTRALIA: The rules in Australia, too, are favourable.

Under Section 36 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015:

“A solicitor or principal of a law practice must ensure that any advertising, marketing, or promotion in connection with the solicitor or law practice is not: false; misleading or deceptive or likely to mislead or deceive; offensive; or prohibited by law.”

EUROPEAN UNION: Section 2.6 of the Council of Bars and Law Societies of Europe (CCBE) Code of 2006 provides for “Personal Publicity”.

It lays down:

“2.6.1. A lawyer is entitled to inform the public about his or her services provided that the information is accurate and not misleading, and respectful of the obligation of confidentiality and other core values of the profession.

2.6.2. Personal publicity by a lawyer in any form of media such as by press, radio, television, by electronic commercial communications or otherwise is permitted to the extent it complies with the requirements of 2.6.1.”

UNITED STATES: A landmark 1977 case at the US Supreme Court, Bates v. State Bar of Arizona, upheld the right of lawyers to advertise their services. Rules regarding such advertising are prescribed by Bar associations in individual states.

The Federal Trade Commission has stated that it “encourages competition in the licensed professions, including the legal profession, to the maximum extent compatible with other state and federal goals.”