Can Advocates Advertise in India?

A 19th Century Painting of Advocates.

This is a million dollar question that many people ask. Even in the legal fraternity, there is not much clarity on this issue and lot of misinformation is being spread. I will try to clear the present position on this issue.

Most of us know that Rule 36 under “Standards of Professional Conduct and Etiquette” of “Bar Council of India Rules” states that:

“An advocate shall not solicit work or advertise, either directly or indirectly, whether 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 should be of a reasonable size. The sign-board or name-plate or stationery should not indicate that he is or has been President or Member of a Bar Council or of any Association or that he has been associated with any person or organisation or with any particular cause or matter or that he specialises in any particular type of worker or that he has been a Judge or an Advocate General.”

Thus, the rules are amply clear that advocates cannot advertise via any means. However, the advocates can have following things:

1. Sign Board or Name-Plate (Reasonable Size)

2. The advocate can have his/her own Stationery. However, that stationery cannot indicate his association or designation or organization or any particular cause or matter.

However, in 2008, the Bar Council of India decided to relax some of these rules[1]. The advocates still cannot advertise but they can furnish information in websites as prescribed under intimation to and as approved by the Bar Council of India. The advocates can now furnish following information in websites:

1. Name

2. Address

3. Telephone Numbers &E-mail id

4 (a) Enrolment Number

(b) Date of Enrolment

(c) Name of State Bar Council where originally enrolled

(d) Name of State Bar Council on whose roll name stands currently

(e) Name of the Bar Association of which the Advocate is Member

5. Professional and Academic Qualifications

6. Areas of Practice

No Additional Information can be added apart from what has been mentioned above.

It is true that information technology has changed everything. The way we get our work done has become much easier and the ease of access has certainly increased. There is a large section of legal fraternity that wants advertising by advocates to be legal in India. Some of them say that advertising will promote healthy competition and more avenues might open up for new and fresh advocates.

However, I feel that it is alright not to allow advertising by Advocates in India. It is still a nascent market and people do not have much legal awareness. There are touts and greedy people everywhere. It is possible that such unscrupulous elements might take undue advantage of advertising and start killing competition by making dubious, supernatural and extraordinary claims in their advertisements. The public is naïve and might not understand the trap that is set for them by such touts. Unless, the legal awareness in the country increases and the profession as a whole matures by nurturing healthy competition, advertisements by advocates must not be allowed.

---

[1] An Addition was made in Rule 36 vide Res. No. 50/2008 dated 24-3-2008. It states that: “That this Rule will not stand in the way of advocates furnishing website information as prescribed in the Schedule under intimation to and as approved by the Bar Council of India. Any additional other input in the particulars than approved by the Bar Council of India will be deemed to be violation of Rule 36 and such advocates are liable to be proceeded with misconduct under Section 35 of the Advocates Act, 1961.”