In a staunch rebuke of commercialism creeping into the legal field, the Madras High Court on Wednesday commanded the Bar Council of India (BCI) to clamp down on lawyers advertising their services online. This directive extends to State bar councils, urging them to take disciplinary action against any advocate promoting their practice through ads, messages, or intermediaries.
Justices SM Subramaniam and C Kumarappan, presiding over the case, emphasized that the legal profession must not be reduced to a business model. “Legal service is neither a job nor a business. It is a service to society. Though lawyers receive fees, it is out of respect for their time and knowledge,” they proclaimed, underscoring the profession’s noble intent.
The Court’s scrutiny arose from a petition challenging platforms like Quikr, Sulekha, and Justdial for offering “online lawyer services.” The petitioner, PN Vignesh, argued that these websites not only listed lawyers but also enabled users to connect with them via PINs and rated their services under labels such as “Platinum” and “Premium.”
In response, the platforms contended they merely provided directory services, which, they argued, was not forbidden under the Advocates Act. However, the Court disagreed, highlighting that the platforms’ rating systems were ungrounded and akin to selling legal services, contravening the Bar Council of India Rules.
The Bench also lamented the encroachment of “branding culture” in the legal realm, which they found demeaning to the profession’s ethos. “Branding and customer ratings for lawyers are unheard of and undermine the dignity of the profession,” they noted, reinforcing the stance against advertising.
The Court further clarified that legal professionals are barred from advertising to maintain the profession’s integrity and uphold justice without a profit motive. Marketing lawyers, they argued, would degrade the nobility of the profession, which is inherently tied to the Constitution and justice.
In a broader reflection, the Court acknowledged the necessity for the legal profession to adapt its tools with changing times, citing the shift from physical to virtual hearings during the COVID-19 pandemic. However, they stressed that the core values and character of the profession must remain unaltered.
The hearing saw representations from Advocate R Mohammed Fayaz Ali for the petitioner, Senior Advocate Srinath Sridevan and advocate Bharadwaja Ramasubramaniam for Justdial, Advocate SR Raghunathan for the BCI, and Advocate EK Kumaresan for the Bar Council of Tamil Nadu and Puducherry.
The Court’s directive serves as a strong reminder that the practice of law is a solemn duty to society, not a marketplace commodity.
