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Is Advertising by Lawyers legal in India ?? | Views: 815 |
Jul 27, 2008 7:47 pm | | Is Advertising by Lawyers legal in India ?? | # |
Ritu | | Rule 36 of the Bar Council prohibits lawyers from advertising their services whether by circulars, advertisements, touts, personal communications, etc.
But during the hearing of a petition in January 2008, challenging the above,the BCI and State Bar Councils have passed a resolution to amend the above.
BCI resolution comes with a rider - it only permits lawyers to provide information regarding their address, standing, qualification and specialisation through websites.
What is the reason for such restrictions on advertising by lawyers (& other professionals like C.S.)??? I've come across several law firm sites like http://www.divorcelawyerindia.com which go much beyond what BCI permits ( it only permits lawyers to provide information regarding their address, standing, qualification and specialisation through websites). Are these sites openly flouting the rules?? Are such rules justified in the first place??
Private Reply to Ritu |
Jul 29, 2008 3:47 am | | re: Is Advertising by Lawyers legal in India ?? | # |
Vijay Nair | | Howsoever strange it may sound, the legal profession has always been considered a solemn profession. It has never been accorded the status of a trade or business. Rule 36 merely goes one step ahead and prohibits solicitation.
In present times, you see a system of "evolved" legal practice. Parity is being sought by legal professionals in India with their brethern in other countries. Some still pay obescience to Rule 36, some blatantly flout it and some indulge in surrogate advertising.
Be that as it may, I personally believe in the fact that a good lawyer would need no advertising. His/her work would speak for him/her. However, while making that much idealistic statement I am not oblivious to fact that today Clients are being developed through referrals and heavy pitching. Private Reply to Vijay Nair |
Aug 02, 2008 5:27 am | | re: re: Is Advertising by Lawyers legal in India ?? | # |
Ritu | | 'The legal profession has always been considered a solemn profession. It has never been accorded the status of a trade or business. Rule 36 merely goes one step ahead and prohibits solicitation.'
Oh yeah?? Then why are lawyers called solicitors, huh?? Ok just kidding!Private Reply to Ritu |
Aug 14, 2008 9:14 am | | re: re: re: Is Advertising by Lawyers legal in India ?? | # |
harish vaidyanathan | | "Solictors" in India are the remnants of the British era. England still enjoys a classification of lawyers as solicitors and barristers. Barristers still wear wigs and argue in Courtrooms where Judges too sport wigs. A solicitor interacts with the client and in turn briefs the barrister who presents the case in Court. I know Mumbai still has "solicitors" but it is simply an academic tag. Call it the cherry on the icing if you may. Advertising to a limited extent has been recently allowed. The Bar Council of India, the apex body for framing rules and regulations for lawyers has even filed an affidavit to this effect in the Supreme Court.
Harish V Shankar Head- Delhi Mulla & Mulla & Craigie Blunt & CaroePrivate Reply to harish vaidyanathan |
Aug 14, 2008 3:25 pm | | re: Is Advertising by Lawyers legal in India ?? | # |
Swetha Mourougane | | oh.. just i come to know this thanks for this info your question is thought provoking!
Private Reply to Swetha Mourougane |
Aug 14, 2008 5:09 pm | | re: re: re: re: Is Advertising by Lawyers legal in India ?? | # |
Ritu | | Harish, I'm glad that you clarified the difference between a solicitor & barrister...in fact for reasons unbeknownst even to me I was wondering for quite some time about the differences and/or similarties between the terms solicitor, lawyer, attorney, advocate & barrister.
Hmmm... why do barristers & judges wear wigs in England?? To add a bit of fun to otherwise somber mood inside the courts, eh??
Good that atleast limited advertising is being permitted in India...a lawyer quoted in an article in Business India that hetherto the act of a lawyer offering someone a business card without being asked first could be considered 'solicitating business'. I wish full fledged advertising was allowed to lawyers here so we could see the desi versions of such funky & funny lawyer ads
http://www.youtube.com/watch?v=PBEWHy6khZw&feature=relatedPrivate Reply to Ritu |
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