It discusses on restriction on advocates to advertise themselves, its constitutionality, and how the situation should change in accordance with the changing nature of the profession.

1. Arkaprabho Roy
4th Year, BBA LLB – Constitutional Law Honours
School of Law, KIIT deemed to be Univerisity

2. Give me the liberty to know, to utter, and to argue freely according to conscience, above all
liberties
– John Milton
 Originated from England
 Honourable Profession – negative effects on professionalism – harm an advocate’s sense of
self-esteem and dignity – more concerned about hiking fee and less concerned about quality
of service – disbursements of advertisement
 A large portion of population in India suffers from illiteracy, which can nourish a situation
that gives opportunity to unprincipled lawyer to take immoral advantage of the public, while
the profession of law has a sets goal of public service
 “. . . the canons of ethics and propriety for the legal profession totally taboo conduct by
way of soliciting, advertising, scrambling and other obnoxious practices, subtle or
clumsy, for betterment of legal business. Law is no trade, briefs no merchandise and so
the leaven of commercial competition or procurement should not vulgarise the legal
profession” :V.R. Krishnaiyer, J. [Bar Council of India v. M.V. Dabholkar, 1976 SC]

3. Bar Council of India Rules (Rule 36)
 Section 49 of Advocates Act, 1961 - General power of the Bar Council of India to make rules
• Sub-section (1)(c) - the standard of professional conduct and etiquette to be observed by advocates
 An advocate shall not solicit work or advertise, either directly or indirectly, by –
• circulars,
• advertisements,
• touts,
• personal communications,
• interviews not warranted by personal relations,
• furnishing or inspiring newspaper comments or
• producing his photographs to be published in connection with cases in which he has been engaged or concerned.
 His sign-board or name-plate or stationary should be –
• of a reasonable size,
• should not indicate that –
 He is or has been President or Member of a Bar Council or of any Association
 He has been associated with any person or organisation or with any particular cause or matter
 He specialises in any particular type of work or that he has been a Judge or an Advocate General.
 Amendment in 2008 – permission to furnish information concerning –
• Name,
• Address,
• Contact information,
• Enrolment particulars, including
• Professional and academic qualification,
• Bar Association the advocate is member of, and
• Area of practice
 Declare with a self-attestation that such information is true

4. Judicial Perspective
 C.V. Sekkizhar v. Secretary, Bar Council, Madras High Court Bar Association, 1967
Mad. (Relied upon R v. General Medical Council, 1930 KB)
• When a lawyer advertises himself, his professional conduct is to be regarded as deplorable
• The standard, developed and set up by a lawyer’s jealousy, are unworthy to be honoured
with dignity and position in the noble profession (R. N. Sharma, Advocate v. State of
Haryana, 2003 P&H)
• Prohibition on propagation of one advocate’s name and advertisement in form of
canvassing and announcement under the election manifestos
 S. K. Naicker v. Authorised Officer, 1967 Mad
• Prescription of a moderate size for sign boards and name plates.
• Writing and publishing newspaper articles under the signature of an advocate is a violation
of professional etiquette as both of them is an exemplar of unauthorised legal advertising.
[Affirming In re: (Thirteen) Advocates v. Unknown, 1934 All]
 Even sending post card containing name, address and description amounts to
advertisement. [Government Pleader v. S. A. Pleader, 1929 Bom]

5.  Freedom of Speech and Expression – Article 19(1)(a)
• Right to advertisement –Tata Press Limited v. MTNL, 1995 SC : Tata press yellow pages
– paid advertisements – challenged by MTNL – held that advertising as commercial
advertising is entitled to get protection
• Nature of Legal Profession – Mohan Lal v. R. Kondiah, 1979 SC : Meaning of business
– S. 10(3)(a)(iii), Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960
 Reasonable Restrictions – Article 19(2)
• Grounds of restriction
 Security of State
 Public order
 sovereignty and integrity of India
 friendly relations with foreign states
 incitement to an offence
 contempt of court
 Defamation
 Decency or Morality
• Sakpal Papers v. Union of India, 1962 SC
 The freedom of speech and expression cannot be subject to hindrance by putting restrictions on
individual citizens
 Relation between Freedom to practice profession, or any occupation, trade, commerce or
business and freedom of speech and expression
Constitutionality

6.  Contradiction of opinions – Commercial activity v. Social service
 Ambiguity as to what is determination criteria of such prohibited advertisement
 Examples of loopholes –
• Floating huge flexes with the concerned advocate’s name, designation and photographs
• Publishing names of advocates, by the newspapers who represent the high profile cases, and also
interviews by the former after the outcomes
• Glorification of past records by some major law firms, publishing of articles by their partners and
associate etc
• Listing in directories
• Issuance of circular letters
• Distributing visiting cards
• Election manifestoes with name, address and profession printed on it
• Seminars and felicitation ceremonies
• Soliciting the advocates of lower Courts to recommend clients for the High Court and Supreme
Court level
 Legal profession and consumer protection
• Legal profession is an administration with the end goal of the Consumer Protection Act, 1986 (K.
Vishnu v. National Consumer Disputes Redressal Commission, 2000 Andhra)
• The legislative restrictions in terms of law and self-regulation have the combined effect of denying
opportunities and growth to professional firms, restricting their desire and ability to compete
globally, preventing the country from obtaining the advantage of India's considerable human
expertise and precluding consumers from the opportunity of free and informed choice. (Report of
High Level Committee on Competition Policy and Law ¶ 8.2.5, 2000 – Raghavan Committee).
The Changing Nature of Legal Profession

7. Consequences of Permitting Advertisement
Advantages Disadvantages
 Competition against large firms –
opportunity to young lawyers
 Client’s right to awareness and
information
 Entry into global market
 Educational purpose
 Furnishing minimum information –
ineffective due to less number of
internet user
 Unethical exploitation – misleading
information – manipulation
 Deviation from improving skills and
legal expertise – sustenance in market

8. Recommendations
 Other modes of advertising should be permitted, such as newspapers, legal journals and reporters,
pamphlets etc.
 Permission should be given to –
• Furnish information like –
 Position in any organization or association, or engagement with any social issue
 Position in any Bar Council
 having visiting cards
 Awards and achievements along with adequate evidence of the same
 Pro bono services
 Particulars of events sponsored and organized
 Publications or scholarly works
• To allow actions that promotes education for future lawyers and general awareness among general public.
 Absolute bar on actions that –
• Any claim of superiority of the advertiser’s practice over the others
• Misleading advertisements
• Use of catchy lines and slogans
• Inferences in regards to any specific client or case
• Any public statement under the affiliation of an advocate that reflects political bias
• Soliciting the advocates of lower Courts to recommend clients for the High Court and Supreme Court level
etc.
 Establishment of a special committee to monitor the advertisement procedure and the contents, and
also to take legal action against those who breach the rules
 Punitive and deterrent sanctions. E.g. Imprisonment, fine or permanent cancellation of licence

9. Conclusion
 Faulty foundation
 Rigidity of the Bar Council of India
 An absurd norm with good intention
 Ineffective nature of the existing rules