Lawyers Advertisement in India

WHY ADVOCATES SHOULD BE ALLOWED TO ADVERTISE IN INDIA

Advocacy can claim itself to be one of the oldest professions of the world with its starting in Greece even before 204 BC in Greece and Rome and also one of the most distinguished as one of the most noble and respectable. However, the standing of it as a profession varies from country to country and also, the rules regarding professional ethics, codes of conduct and responsibility of an advocate towards his clients or colleagues are different as provided in different countries.

As Advocacy has been laid down as an noble profession worldwide, therefore in earlier days, lawyers were prohibited from taking fees and governed under certain laws in ancient Rome which was  later repealed and they even has to take an oath in earlier days before practicing law or entering upon a court and thus, this concept of terming advocacy as a profession noble in nature dates back really long and therefore, one of the essential elements behind barring lawyers to advertise in not only India, but in various countries as it was thought this will commercialize and vulgarize this noble Profession. However in the current age, these excuses can rarely be sustained as the consumer of legal services, like the consumer of any other services is entitled to look for and obtain the best value for his money which is ensured through effective communication gained through advertisement only. The supposed client should be able to find n advocate whose fees he can afford. Some sort of track record or competence of the lawyer in question has to be obtained in order to be trusted by the client.

Thus, Indian Advocates are governed of their professional behavior by the Advocate’s Act,1961  which was formed by the All India Bar Committee,1953 which laid down the Bar Council Of India Rules,1952.As per mentioned in the  Section 7(1)(b)15 of the Advocates Act read with its powers to make rules under Section 49(1)(c)16 has framed Rule 36 of the Bar Council of India Rules under Section IV (Duty to Colleagues) of Chapter II (Standards of Professional Conduct and Etiquette) of Part IV (Rules Governing Advocates).

Rule 36 clearly lays down:

“An advocate shall not solicit 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 photographs to be published in connection with cases in which he has been engaged or concerned. 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 Member of a Bar Council or of any Association or that he has been associated with any person or organization or with any particular cause or matter or that he specializes in any particular type of worker or that he has been a Judge or an Advocate General.’’