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RIGHT TO PUBLICITY OF AN ADVOCATES IN

INDIA

Project Submitted to

Dr. Dipak Das

(Faculty: Professional Ethics)

Project Submitted by:

Ashutosh Sahu
Semester X
Section  –  “C”
Roll No.  –  44
 44

HIDAYATULLAHNATIONALLAW
HIDAYATULLAHNATIONALLAW UNIVERSITY, RAIPUR

(CHHATTISGARH)
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DECLARATION

I hereby declare that this research work titled “Right to Publicity of an Advocate in India” is
my own work and represents my own ideas, and where others, ideas or words have been
included, I have adequately cited and referenced the original sources. I also declare that I
have adhered to all principles of academic honesty and integrity and have not misrepresented
or fabricated or falsified any idea/data/fact/source in my submission.
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ACKNOWLEDGMENTS

I feel highly elated to work on the topic “Right to Publicity of an Advocate”. The practical
realization of this project has obligated the assistance of many persons. I express my deepest
regard and gratitude for Dr. Dipak Das, Faculty of Professional Ethics. His consistent
supervision, constant inspiration and invaluable guidance have been of immense help in
understanding and carrying out the nuances of the project report.

I would like to thank my family and friends without whose support and encouragement, this
 project would not have been a reality.
I take this opportunity to also thank the University and the Vice Chancellor for providing
extensive database resources in the Library and through Internet.

Some printing errors might have crept in, which are deeply regretted. I would be grateful to
receive comments and suggestions to further improve this project report.

Ashutosh Sahu
Semester X
Section C
Roll No. 44
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TABLE OF CONTENTS

1. Introduction……….……………………………………………………………………………………………………….….5

2. Objective…………………………………………………..……………………………………………………………………6

3. Research Methodology………………………..………………………………………………………….…………….6

4. Right to advertisement in legal profession………………………………………………………….…………7

5. Indian position: Advocates Act, 1961 and bar council of India.………………………….……….….8

6. Constitutional validity of Rule 36, Bar council of India Rules………………………………..……...11

7. Advantages and disadvantages of regulating permitted legal advertisement……………….13

8. Conclusion……………………..……………………………………………………………………….. ..……………..…15

9. References……………………………………………………………………………………………..………………… ...16
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INTRODUCTION

In India advertising in the legal profession is prohibited. Even if a lawyer argues a case
splendidly in the Court of Law, the newspaper may report the issue but lawyers name in the
news will be frowned upon. As Lloyd Pearson, a London-based Legal Directories Consultant
states that India has most of the lawyers in the world, yet we know little about Indian Firms;
everyone would be better served if we knew more about the Indian legal market. A person
 buying a car has more information and research resources than the person handling over
litigation to a lawyer.

Advertisements have an adverse effect on legal professionalism. This can lead to very real
harm, as a lack of professionalism can undermine a lawyer’s sense of dignity and self -worth.
Other reasons include the misleading nature of advertisement and the loss of quality in
services. The law is not a trade, briefs no merchandise and to the heaven of commercial
competition or procurement should not vulgarise the legal profession”. This perception about
the prohibition stems from the very fact that the legal profession is considered as a noble
 profession.The prohibition was relaxed in the year 2008, when the Bar Council of India
 passed a resolution to the effect that lawyers and the law firms were allowed to have their
website with their contact information, qualification, and the area of specialization, until then,
there was a blanket ban on the advertising.

In India the legal profession is considered a noble profession and therefore still assessed by
standards of legal ethics that may seem outdated in many other jurisdictions abroad, but are
considered a very important part of the legal profession in India, despite the change in trends
that liberalization has inevitably brought. The Bar Council of India still maintains strict
standards with respect to the legal community. An illustration of these standards can be seen
as Rule 36 of the Bar Council of India Rules whereby the Indian Law firms and lawyers are
not allowed to advertise their practice in the market.The judiciary has acknowledged the
substance of this restriction in various cases.It does not imply that the Bar Council of India
has been completely blind to the realities of liberalization, as that is evident from its decision
to amend Rule 36 and add a proviso allowing advocates to maintain websites about
themselves or their law firms in order to disseminate information, in order to enable people to
make choices.
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CONCLUSION

In the era of promotion and advertisement, Indian lawyers are denied the right to advertise
their profession, under the pretext of the so-called nobility of the profession. It must always
 be remembered that advertising is not gratuitous; it promotes legal awareness and gives the
litigants an opportunity to evaluate the potential of their counsel. Many countries have lifted
the archaic ban on the legal advertising. The adverse effect of prohibiting the legal
advertising is that many of the litigants are at the mercy of “friends of a friend” for their legal
requirements. Clients enter into the courts without having any prior idea of the usual fees for
similar cases. It is time for the Bar Council, along with the legal fraternity in India to realize
that the legal system is not all about lawyers. Rather, it is that “noble profession” which
serves the needs of the public at large. Similar to any other service, every litigant must be
 provided with the platform where he can identify the most suitable counsel and be able to
obtain the best value for their money.

In this era of globalization, where on the one hand advertisements and promotions are
weapons for the professionals, they also act as a shields for the consumer of the services. The
restrictions on the advertising in the legal profession are good neither for the lawyers nor for
the clients. It is the time that the concerned authorities realize it soon and this archaic practice
comes to end. It is only then, that the dual benefit, both to lawyers and to the consumers can
 be served well.
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REFRENCES

WEBSITES
 ww.legalservicesindia.co
 lawtimesjournal.in
 docs.manupatra.in