Bar Council says lawyers can't advertise; lawyers argue back

Advocate Godfrey Pimenta and solicitor Stuti Galiya

A recent letter from the Bar Council of Maharashtra and Goa prohibiting lawyers from advertising in newspapers and WhatsApp has opened up a debate amongst lawyers and solicitors. The letter cites Rule 36 Section IV Part VI of Chapter II of the Bar Council of India with regards to Standards of Professional Conduct and Etiquettes Rules framed under Section 49 of Advocates Act 1961, which prohibits an advocate from advertising their services.

While the Bar Council states that rules cannot be changed unless amended, practising lawyers say such restrictions are uncalled for. Senior Advocate Subhash Ghatge, who is a member of the State Bar Council says the letter was unconstitutional and infringes upon the freedom of lawyers. "If messages on WhatsApp and social media can be seen as advertisements, so can a board outside the lawyer's office," he says. "It will be wrong to conclude that lawyers use them (WhatsApp, social media etc) for self promotion or for advertisements. I will raise my concern before the State Bar Council soon and will seek clarity."

Solicitor Stuti Galiya agrees. "Today, Indian lawyers advice on multi-jurisdictional deals and consult on cases in foreign countries, too. In such cases, it's important for lawyers to showcase their expertise on various digital media. Having these sort of restrictions will put Indian lawyers at a disadvantage, especially because most countries don't force such restrictions," she says. "It will help if the Bar Council of India could relook at some of these restrictions and take a liberal and pro-business view and lift this restrictions in a phased manner."

Advocate Godfrey Pimenta points out that professionals all over use social media, including WhatsApp, to share their expertise and opinions and that the directive lacks clarity on the word advertisement. "The State Bar Council needs to clarify this. Moreover, one cannot issue a blanket mandate to the entire fraternity just because of a few who solicit business," he says.

Advocate Pravin Ranpise, Secretary Bar Council of Maharashtra and Goa, who's also a signatory on the letter says: "The rules have been in existence and every practicing lawyer registered with the Bar Council has to abide by them. We can't just change the rules unless the Bar Council of India amends them." Advocate Satish Deshmukh, vice chairman, Bar Council of India refused to comment but said: "We have called for a meeting of all our Bar Council members in the first week of November, where these points will be discussed in detail."

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