BCI has instructed online platforms to promptly remove all listings, profiles, and advertisements related to legal services by advocates within four weeks of the notice. They are also required to cease any operations enabling such advertisements or solicitation of legal practice by advocates and submit a detailed compliance report to BCI by August 10, 2024.
NEW DELHI: Today (8th July): The Bar Council of India (BCI) directed all State Bar Councils to take stringent disciplinary action against lawyers who advertise or seek work through online portals, which violates BCI rules.
In compliance with a July 3, 2024 judgment by the Madras High Court, the BCI has issued directives and cease and desist notices. The judgment emphasizes that the legal profession is a noble service to society, not a profit-driven business.
BCI has instructed online platforms to promptly remove all listings, profiles, and advertisements related to legal services by advocates within four weeks of the notice. They are also required to cease any operations enabling such advertisements or solicitation of legal practice by advocates and submit a detailed compliance report to BCI by August 10, 2024.
Failure to comply will prompt BCI to initiate legal proceedings and seek appropriate penalties against non-compliant entities.
BCI has issued a public notice requiring all portals, online platforms, and advocates violating Rule-36 of the Bar Council of India Rules to immediately adhere strictly to these rules. Advertisements that contravene this rule must be withdrawn promptly, as stated by BCI.
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The practices of online platforms offering legal services were reviewed and found to violate BCI rules. The permissibility of lawyers advertising and soliciting work was scrutinized and deemed inappropriate. Online intermediaries facilitating lawyer services were found to breach professional conduct standards.
The court ruled that online platforms cannot claim protection under Section 79 of the Information Technology Act for activities illegal under the Advocates Act and BCI Rules, according to a statement by the Bar Council of India.
The Bar Council of India (BCI) has emphasized that failure to comply with its directives will lead to legal proceedings and penalties against non-compliant organizations.
In a press release issued on Monday, the BCI stated,
“All portals, online platforms, and advocates violating Rule-36 of the Bar Council of India Rules must immediately ensure strict compliance with these Rules. Any advertisements contravening this rule must be withdrawn promptly.”
Key directives issued to State Bar Councils include:
- Initiating disciplinary actions against advocates advertising or seeking work through online portals.
- Filing complaints against online service providers facilitating illegal lawyer advertisements.
- Ensuring the removal of all illegal advertisements related to legal services on online platforms within four weeks.
- Submitting a report on actions taken by August 10, 2024, with a compliance hearing scheduled for August 20, 2024.
Directives issued to online platforms include:
- Removing all listings, profiles, and advertisements related to legal practices by advocates immediately and no later than four weeks from the notice date.
- Ceasing operations that enable the advertisement or solicitation of legal practice by advocates.
- Submitting a detailed compliance report outlining actions taken to the BCI by August 10, 2024.
Recently, the Madras High Court directed BCI to issue Circulars/Instructions/Guidelines to State Bar Councils for initiating disciplinary proceedings against advocates for misconduct in advertising or soliciting work directly or indirectly.
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This includes circulars, advertisements, touts, personal communication, interviews not warranted by personal relations, and activities such as furnishing or inspiring newspaper comments or producing photographs published in connection with cases where they are engaged or concerned.
