In a recent move that has sent ripples through the legal community, the Bar Council of India (BCI) has declared a ban on the illegal solicitation of legal services by lawyers via online portals. This follows a ruling by the Madras High Court on July 3, 2024, which underscored the sanctity of the legal profession as a service rooted in the Constitution, not a commercial enterprise.
The court emphasized that lawyers, as custodians of justice, must not treat their profession as a business. In response, BCI’s press release highlighted that the legal profession should remain a noble service, free from profit-driven motives.
The BCI has also issued stern cease-and-desist notices to prominent online platforms like Quikr India Pvt Ltd, Sulekha.com New Media Pvt Ltd, Just Dial Limited, and Grotal.com. These platforms were found to be facilitating illegal advertising and solicitation of legal services, contravening Rule 36 of the Bar Council of India Rules, 1975. This rule explicitly prohibits advocates from soliciting work or advertising through various means, including circulars, advertisements, personal communications, and media comments.
To enforce this, the BCI has laid out a series of directives:
- State Bar Councils are instructed to take stringent action against advocates advertising or seeking work through online portals.
- Complaints are to be lodged against online service providers that enable illegal advertising of lawyers.
- All illegal advertisements related to legal services must be removed from online platforms within four weeks.
- State Bar Councils must submit a report on the actions taken by August 10, 2024, with a compliance hearing scheduled for September 20, 2024.
Non-compliance with these directives will lead to the BCI initiating legal proceedings and imposing penalties on the defiant entities.
