The Bar Council of India (BCI) has issued a strong statement against the rising trend of lawyers promoting their services on social media, including the use of influencer endorsements and promotional videos. This development comes in the wake of a recent Instagram post by law firm DSK Legal, which featured a Bollywood actor endorsing the firm.
In a press release dated March 17, the BCI explicitly criticized the involvement of Bollywood celebrities in advertisements for legal services and condemned the use of digital platforms as marketing tools. The council highlighted that such practices violate Rule 36, Chapter II, Part VI of the BCI Rules, which prohibits advocates from soliciting work or advertising their services, whether directly or indirectly. The rule states:
“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.”
Reiterating the ethical foundations of the legal profession, the BCI underscored that law is a noble service dedicated to justice and fairness, not a commercial enterprise. The Supreme Court has consistently upheld this principle, warning against the commodification of legal practice, which it argues undermines public trust and the profession’s dignity.
Strict Measures Against Unethical Advertising
Following DSK Legal’s controversial post, the BCI has laid down stringent measures to curb unethical advertising and misinformation in the legal domain. The directives include:
- Immediate removal of advertisements violating Rule 36.
- A ban on the use of Bollywood celebrities, influencers, and public figures in legal promotions.
- Prohibition of banners, promotional materials, and digital advertisements for legal services.
- A strict ban on non-enrolled individuals providing misleading legal advice.
- Prohibition of legal work solicitation through social media or digital platforms.
- Mandating digital platforms to implement vetting mechanisms to remove misleading legal content.
The BCI warned that non-compliance with these regulations would result in severe disciplinary actions, including suspension, cancellation of enrollment, contempt proceedings in the Supreme Court, and complaints to digital platforms hosting such content.
Reaffirming Ethical Legal Practice
The BCI’s latest directive is not its first move against unethical advertising. In July last year, the council reiterated its stance after a Madras High Court judgment on July 3, 2024. The court ruled that advocacy is a profession of service rather than a business, warning that online promotions compromise ethical standards.
Following this ruling, the BCI instructed State Bar Councils to take strict action against advocates advertising their services on platforms like Quikr, Sulekha, Just Dial, and Grotal. It also pointed out that these platforms violate the Advocates Act, 1961, and BCI Rules, and are not eligible for safe harbor protection under Section 79 of the IT Act, 2000.
Additionally, the BCI cited the Supreme Court’s decision in AK Balaji v. Union of India (2018), which reaffirmed its regulatory authority over individuals, firms, and companies engaging in legal practice, irrespective of their title or designation. It also condemned self-promotion by advocates at religious and public events through banners and digital advertisements, deeming it unethical and a breach of professional integrity.
With these measures, the BCI aims to reinforce the dignity of the legal profession and ensure that legal practice remains governed by principles of justice and ethical responsibility.
