8 July 2024 12:42 PM GMT
In a significant development, the Bar Council of India (BCI) has issued directives and cease-and-desist notices prohibiting the advertisement or solicitation of lawyers' services, either directly or indirectly.
These directives have been issued in compliance with the recent judgment passed by the Madras High Court wherein it sharply rebuked lawyers soliciting work through online websites in violation of Bar Council of India Rules. In view of this, the Court directed the Bar Council of India to issue circulars/instructions/guidelines to State Bar Councils to initiate disciplinary proceedings against solicitation of work by the lawyers.
In the directive issued to the State Bar Councils, the Bar Council of India has directed the former to take stringent disciplinary actions against advocates found advertising or seeking work through online portals. The directives issued are:
Apart from this, the cease and desist notice has been issued to the Chief executive Officer of four online platforms, i.e., Quikr India Pvt. Ltd., Sulekha.com New Media Pvt Ltd., Just Dial Limited, and Grotal.com. The notice has highlighted mainly violations. One is the illegal solicitation of work, violating Rule 36 of the Bar Council of India Rule. Second, the practice of providing ratings and offering prices for lawyer services.
In view of this, the online platforms have been asked to immediately remove listings, profiles, and advertisements related to legal practices by advocates. Further, they are also required to Cease and Desist and Terminate any operations that enable the advertisement or solicitation of legal practice by advocates. The Bar Council has categorically mentioned that in case of failure of this compliance, legal proceedings shall be initiated against the said organisations, and accordingly, penalties shall also be levied.
The deadline for filing the compliance report for both the State Bar Council and the organisations is August 10, 2024.