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The Bar Council of India (BCI) has taken a firm stance against the growing trend of unethical advertising by legal professionals, particularly through social media platforms and endorsements from celebrities and influencers. This move underscores the BCI's commitment to upholding the integrity and ethical standards of the legal profession, which it views as fundamentally distinct from commercial ventures. The council's condemnation extends to the use of Bollywood actors, celebrities, and digital media platforms for promotional purposes, deeming such practices a clear violation of Rule 36, Chapter II, Part VI of the BCI Rules, 2009. The BCI emphasizes that the legal profession is rooted in public trust and ethical conduct, and any attempt to commodify it through commercial advertising erodes this trust and demeans the sanctity of the profession. The BCI's statement reflects a long-standing concern that the increasing commercialization of legal services threatens to undermine the principles of justice, integrity, and fairness that are essential to the legal system. The Supreme Court of India has consistently supported this view, recognizing that legal practice is a noble service that should not be equated with commercial business. The BCI's actions are intended to safeguard the reputation of the legal profession and ensure that it remains a trusted source of justice for all citizens. The use of celebrities and influencers to promote legal services raises concerns about the potential for misleading or deceptive advertising. These individuals may not have the expertise or knowledge necessary to accurately represent the complexities of legal issues, and their endorsements could create unrealistic expectations or encourage individuals to pursue legal action that is not in their best interests. Furthermore, the BCI is concerned that the commercialization of legal services could lead to a decline in the quality of legal representation. Lawyers may be tempted to prioritize profit over the interests of their clients, resulting in inadequate legal advice and representation. The BCI's actions are therefore aimed at protecting the public from unscrupulous legal practitioners and ensuring that all individuals have access to competent and ethical legal representation. The council's decision to take action against unethical advertising reflects a growing awareness of the challenges posed by the digital age. The internet and social media have created new opportunities for legal professionals to reach potential clients, but they have also created new avenues for unethical conduct. The BCI's directives are intended to address these challenges and ensure that legal professionals adhere to the highest ethical standards in their online interactions. The council recognizes that the legal profession must adapt to the changing landscape of the digital age, but it is determined to do so in a way that preserves the integrity and ethical standards of the profession. The BCI's actions are a clear signal that it will not tolerate unethical conduct, whether it occurs online or offline. The council is committed to protecting the public from unscrupulous legal practitioners and ensuring that all individuals have access to competent and ethical legal representation. The BCI's stance aligns with international standards for legal ethics and reflects a growing global concern about the commercialization of legal services.
In response to the judgment pronounced in P.N. Vignesh v. Bar Council of India 2024 SCC OnLine Mad 2770, the BCI has issued stringent directives to all State Bar Councils (STBC), mandating immediate disciplinary action against advocates engaging in unethical advertising or solicitation of work via online portals such as Quikr India Pvt. Ltd., Sulekha.com New Media Pvt. Ltd., Just Dial Limited and Grotal.com. This action demonstrates the BCI's commitment to enforcing its rules and regulations and ensuring that legal professionals adhere to the highest ethical standards. The court in the aforementioned judgment specifically highlighted that many online platforms are violating the BCI Rules, the Advocates Act, 1961, and the ethical standards of the legal profession. This underscores the need for greater oversight and regulation of online legal services to protect the public from unscrupulous practices. The judgment categorically denied these online platforms any protection under the safe harbour provisions outlined in Section 79 of the Information Technology Act, 2000, considering their involvement in facilitating practices expressly prohibited by law. This decision sends a strong message to online platforms that they cannot escape liability for facilitating unethical conduct by legal professionals. The BCI's actions are intended to create a level playing field for all legal professionals and ensure that those who engage in unethical advertising are held accountable for their actions. The council recognizes that online platforms can be a valuable resource for individuals seeking legal assistance, but it is determined to prevent these platforms from being used to facilitate unethical practices. The BCI's directives to STBCs are intended to ensure that disciplinary action is taken against advocates who engage in unethical advertising or solicitation of work via online portals. This action is crucial to deterring such conduct and protecting the public from unscrupulous legal practitioners. The BCI's commitment to enforcing its rules and regulations reflects its dedication to upholding the integrity and ethical standards of the legal profession. The council recognizes that the legal profession plays a vital role in society and that it is essential to maintain public trust and confidence in the legal system. The BCI's actions are intended to ensure that legal professionals continue to adhere to the highest ethical standards and that the public can rely on them to provide competent and ethical legal representation. The council's decision to take action against online platforms that facilitate unethical advertising demonstrates its proactive approach to addressing the challenges posed by the digital age. The BCI recognizes that the legal profession must adapt to the changing landscape of the internet and social media, but it is determined to do so in a way that preserves the integrity and ethical standards of the profession. The BCI's actions are a clear signal that it will not tolerate unethical conduct, whether it occurs online or offline. The council is committed to protecting the public from unscrupulous legal practitioners and ensuring that all individuals have access to competent and ethical legal representation.
The BCI's regulatory authority extends to individuals, associations, firms, companies, juridical persons, and even BPO companies, irrespective of their nomenclature and how they labelled their operations, were governed by the Advocates Act, 1961, and fall under the regulatory jurisdiction of the BCI if, in pith and substance, they engaged in the practice of law. This is according to the Supreme Court’s judgment in Bar Council of India v. A.K. Balaji, (2018) 5 SCC 379. This reinforces the BCI's mandate to enforce ethical practices universally within the profession, regardless of the entity's organizational structure or business model. The BCI's broad regulatory authority is essential to ensuring that all individuals and entities engaged in the practice of law adhere to the highest ethical standards. The council's mandate extends beyond traditional law firms and individual practitioners to include a wide range of organizations that provide legal services, including BPO companies and online legal platforms. This comprehensive approach is necessary to prevent unethical practices from flourishing in new and emerging areas of the legal profession. The BCI's emphasis on the substance of the work performed, rather than the label or nomenclature used by an entity, is crucial to preventing organizations from circumventing the council's regulations. The BCI's regulatory authority is intended to protect the public from unscrupulous legal practitioners and ensure that all individuals have access to competent and ethical legal representation. The council's actions are consistent with international standards for legal ethics and reflect a growing global concern about the commercialization of legal services. The BCI's decision to assert its regulatory authority over a wide range of individuals and entities engaged in the practice of law demonstrates its commitment to upholding the integrity and ethical standards of the legal profession. The council recognizes that the legal profession plays a vital role in society and that it is essential to maintain public trust and confidence in the legal system. The BCI's actions are intended to ensure that legal professionals continue to adhere to the highest ethical standards and that the public can rely on them to provide competent and ethical legal representation. The council's broad regulatory authority is a powerful tool for preventing unethical practices and protecting the public from unscrupulous legal practitioners. The BCI's actions are a clear signal that it will not tolerate unethical conduct, regardless of where it occurs or who is involved. The council is committed to ensuring that the legal profession remains a trusted source of justice for all citizens. Furthermore, the BCI has observed advocates leveraging religious, cultural, or public events for self-promotion through banners, stalls, and digital advertisements, methods which the Council has deemed unethical canvassing, infringing upon professional ethics and the dignity of legal practice. Lawyers must uphold justice and public service, refraining entirely from commercialising their roles or services through distasteful or misleading advertisements.
The rise of self-styled legal influencers, particularly those lacking appropriate credentials, has compounded ethical concerns, as they often spread misinformation on critical legal issues, resulting in widespread confusion and misguided legal decisions. This situation poses a significant threat to public understanding of the law and could lead to individuals making ill-informed decisions with serious legal consequences. The BCI's concern over legal influencers underscores the importance of verifying the credentials and expertise of individuals who provide legal information online. Many legal influencers operate without the proper qualifications or ethical oversight, and their content may be inaccurate, incomplete, or biased. The spread of misinformation by legal influencers can have a particularly harmful impact on vulnerable populations who may rely on this information to make important legal decisions. The BCI's actions are intended to protect the public from the risks associated with unregulated legal information and ensure that individuals have access to accurate and reliable legal advice. The council's concern extends to the misinterpretation of landmark judgments, such as the Citizenship Amendment Act (CAA) and the Right to Privacy ruling in K.S. Puttaswamy (Aadhar-5J.) v. Union of India (2018) 1 SCC 809, which has resulted in widespread confusion and undue judicial burden. The BCI's response includes several mandates designed to address ethical breaches and misinformation, including the immediate withdrawal of violating advertisements, prohibition against utilizing celebrities for promotions, removal of promotional materials, cessation of unauthorized legal advice, prohibition on soliciting legal work via social media, and the establishment of stringent vetting mechanisms for legal content by digital platforms. The council's mandates are intended to create a clear set of rules and expectations for legal professionals and digital platforms, and to ensure that those who violate these rules are held accountable for their actions. The BCI's actions are a clear signal that it is committed to protecting the public from the risks associated with unethical legal advertising and misinformation. The council's mandates are intended to create a more transparent and accountable legal system, and to ensure that all individuals have access to accurate and reliable legal information. Any deviation from these mandates will attract severe disciplinary measures, including suspension or cancellation of enrollment, referral to the Supreme Court for contempt proceedings, and formal complaints to digital platforms for the removal of unethical content. The Council has appealed to all legal practitioners and digital, advertising platforms to comply diligently with these directives to uphold the esteemed tradition and integrity of the legal profession. This call for compliance underscores the importance of collaboration between the BCI, legal professionals, and digital platforms in addressing the challenges posed by unethical legal advertising and misinformation. The BCI recognizes that it cannot solve this problem alone, and that it needs the cooperation of all stakeholders to create a more ethical and responsible legal environment.