Prohibition exists on soliciting work
The Bar Council of India (BCI) has issued directives and cease-and-desist notices prohibiting the solicitation of lawyers’ services, either directly or indirectly.
Directions originated from Madras High Court
These directives have been issued in compliance with the recent judgment passed by the Madras High Court. The High Court rebuked lawyers soliciting work through online websites in violation of Bar Council of India Rules.
The High Court directed the BCI to issue circulars/instructions/guidelines to State Bar Councils to initiate disciplinary proceedings against solicitation of work by the lawyers.
The BCI has directed the former to take stringent disciplinary actions against advocates found advertising or seeking work through online portals.
BCI Directives
The directives issued are as follows:
- Disciplinary Proceedings- Initiate disciplinary proceedings against advocates found advertising or seeking work through online portals. Strict adherence to Rule 36 of the BCI Rules is mandatory. Disciplinary actions may include suspension or removal from the roll of advocates.
- Complaints Against Online Platforms- File complaints against online service providers who facilitate the illegal advertisement of lawyers. This includes but is not limited to platforms such as quikr.in, sulekha.com, and justdial.com.
- Removal of Illegal Advertisements- Ensure the removal of advertisements published by lawyers through these online platforms. Coordinate with government authorities to enforce these removals and prevent such illegal activities in the future.
- Compliance Deadline- The respondent online platforms are directed to remove all content violating Rule 36 of the BCI Rules within four weeks from the issuance of this circular.
Online platforms have been asked to remove advertisements
The online platforms have been asked to immediately remove listings, profiles, and advertisements related to legal practices by advocates.
Further, they are also required to Cease and Desist and Terminate any operations that enable the advertisement or solicitation of legal practice by advocates.
The Bar Council of India has categorically mentioned that in case of failure of this compliance, legal proceedings shall be initiated against the said organisations, and accordingly, penalties shall also be levied.
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