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“Commercial Activities Must Comply With Advocates Act and BCI Rules”: SC Asks BCI’s Response on JustDial’s Challenge Against Madras Hc’s Lawyer Ad Ban

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Justices Hrishikesh Roy and SVN Bhatti highlighted the need to assess whether JustDial’s business practices align with the Advocates Act and BCI regulations.

NEW DELHI: The Supreme Court, on Wednesday(14th Aug), called for the Bar Council of India’s (BCI) response to JustDial’s appeal against a Madras High Court ruling mandating the removal of lawyer advertisements published on its platform.

Justices Hrishikesh Roy and SVN Bhatti highlighted the need to assess whether JustDial’s business practices align with the Advocates Act and BCI regulations.

The Court remarked,

“You need to ensure that your commercial activities are in compliance with the Advocates Act and Bar Council of India regulations. Let’s review their response. There seems to be a disparity.”

In July, the Madras High Court instructed the BCI to issue guidelines for state bar councils to take disciplinary actions against lawyers who advertise or solicit work through ads, messages, or touts. It also directed the BCI to address complaints against online service providers like Quikr, Sulekha, and JustDial, which violate Rule 36 of the Bar Council of India Rules.

The High Court ordered the removal of existing advertisements by lawyers on such platforms and advised intermediaries against publishing future ads.

JustDial appealed this decision to the Supreme Court. During the hearing, Senior Advocate Ritin Rai, representing JustDial, requested a stay on the High Court’s order, arguing that the platform merely provides a directory service for connecting litigants with lawyers.

The Court, however, questioned JustDial’s concerns, asking, “Doesn’t this fall under prohibited practices? How are you aggrieved?”

Rai informed the Court that the BCI had already issued a removal notice in line with the High Court’s order and sought a stay on the order.

The Supreme Court decided to wait for the BCI’s response and issued a notice returnable in three weeks.

The Madras High Court’s order was based on a plea from PN Vignesh, who sought action against websites offering “online lawyer services.” The Court criticized the “branding culture” among lawyers, pointing out that these websites provide ratings without merit and sell legal services at fixed prices, contrary to BCI rules. It emphasized that treating the profession as a business undermines its integrity.

On July 8, the BCI issued directives to state bar councils and online platforms to comply with the High Court’s ruling by removing lawyer advertisements soliciting work.

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