POSITION IN OTHER PARTS OF THE WORLD
Advocates
in many other prominent parts of the world are allowed freely to advertise
about their work thanks to globalised economy as norms lay down by the WTO as
advocacy is seen as a means of trade practice. Earlier even in liberalized countries
like USA and UK didn’t allow advertising but slowly even they allowed in the
late seventies and eighties.
In USA, it is even
impossible to distinguish between false and misleading advertisements from the
correct ones banning advertisements by lawyers was rejected totally by the US
Supreme Court which held that people's right to information contradicts with
this ban and frivolous intention of false advertisement is not a sufficient
ground to prevent advertising by lawyers in good faith. The right of lawyers to advertise has been
recognized as a part of commercial speech. The US attorneys are allowed to advertise of
their work or publicize as per the rules of client attorney relationship under
model rules of professional ethics laid down by the American Bar though advertisement
to any potential customer or soliciting work through telephonic conversations
and agents are not allowed. In USA, the lawyers are even charged high or less
depending on the services they provide (their specialization) for example, a
tax lawyer may be charged $5 per hour for his ads whereas a lawyer specialized
in providing foreclosure defense services will be charged $7 per hour for his
ads as per the data provided by the Wall Street Journal. And this is the real
scenario there regarding highly competitive legal advertisements whereas in
India we can’t even imagine such a position.
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