UNIVERSITY INSTITUTE OF

LEGAL STUDIES
BALLB/LLB
PROFESSIONAL ETHICS, ACCOUNTANCY FOR
LAWYERS AND BAR BENCH RELATIONS
-By Dr. Inderpreet Kaur

DISCOVER . LEARN . EMPOWER

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• Right to Advertisement is one of the intrinsic
features of conducting any business,
profession, or any other organization in
today s world.
• It provides a platform for the person to
communicate any form of information to the
public at large, given that such
advertisement formulates on the rules and
regulations laid down on such behalf.
• The communication can be through
newspapers, magazines, emails, letters,
events, etc.
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• EARLIEST LEGAL ETHICS CODES BANNED LAWYER
• AMERICA
• In the United States, advertising of services by members of the profession of law is
typically permitted but regulated by state court and bar association rules.
• Before the Canons of Professional Ethics were published by the American Bar
Association (ABA) in 1908, advertising within the legal profession was common.
• BATES V STATE BAR OF ARIZONA (1977)-This case involved two legal practitioners,
who opened a law firm, to provide legal services to those who did not qualify for legal
aid, but could not afford legal services, otherwise. The only plausible way of doing the
same, was by means of advertisement. The Court held that a blanket prohibition on
advertisement of legal services was unconstitutional, and in violation of the First
Amendment, that is freedom of speech and expression.

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• The Supreme Court therefore removed the ban on advertising.
• However, they still allowed the State Bar to "regulate" advertising in order to make certain
that the information presented was true and did not mislead others or make false claims.
• State bar associations across the country quickly began to lift their bans on advertising
• Advertising by legal professionals in USA is currently governed by the Model Rules of
Professional Conduct, 1983. As per the Rules, a lawyer may advertise his services through
written, recorded or electronic communication, including public media, subject to the
following conditions:
• 1. No false or misleading communication should be made about the lawyer or the lawyer’s
services.
• 2. No lawyer shall solicit professional employment in person, live telephone or electronic
contract when a significant motive is the lawyer’s pecuniary gain.

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• UK
• Though initially, owing to the traditional Victorian notions, legal
advertising was prohibited in the UK.
• review by the Monopolies and Mergers Commission in 1970 and the
Office of Fair Trading in 1986
• the ban in the UK was lifted.
• In the UK, the law governing legal advertising is contained under the
Solicitors’ Publicity Code, 1990, which has been amended and
published in 2016 according to the changing needs of the hour

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• Under the Code, the advertisement of the legal services should not be
misleading, but should provide sufficient information so as to enable
the clients to make an informed choice, thereby, addressing the right
to information aspect of the clients. The Code further provides that,
the advertisement may contain the fees of the lawyer, provided that
the fees is not pitched at a dangerously low levels, and that it should
be accompanied by an statement that additional charges might be
applicable, upon the fees.

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• Asian Countries:
• In Asia, countries such as
Hong Kong, Singapore
and Malaysia, have been
gradually relaxing their
regulations on legal
advertising to adapt the
global demands.

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• Advertisements or Commercial Speeches has been
incorporated under Article 19 (1) (a) of the Constitution
of India.
• It has been accepted as a part of Freedom of Speech
and Expression.
• Tata Press case:the public at large has a right to receive
the commercial information and such protection of
Article 19 (1) (a) of the Constitution of India is available
to both speaker and recipient of the speech.
• The commercial nature of such expressions were held to
be immaterial while extending the protection under the
said article of the Constitution.

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• Reasonable restriction” on the
following ground:
• Sovereignty and Integrity of India
• Security of State
• Friendly relations with foreign states
• Public Order
• Decency or Morality
• Contempt of Court
• Defamation
• Incitement to an offense
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• JUSTIFICATION FOR PROHIBITING ADVERTISING
1.The exploitation of the Idea: If not regulated properly, it might likely
get exploited by unscrupulous lawyers
2.Shifting Focus: Lawyers will have to focus on publicizing themselves
as well, in addition to legal arguments, skills, and knowledge.
3.Expensive Legal Services: Lawyers will obviously incur a cost in
advertising, which will make the service of the lawyer more
expensive, that will fuel another controversy altogether.
4.Bring hatred in the Profession: Lawyers will develop jealousy
amongst their colleagues, which will impair the dignity of the
profession.
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• IN INDIA
• 1. ETHICAL
• 2. LEGAL REASONS

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• The root of prohibition can be directly traced back to Rule 36 of the Bar Council of
India as under:
“Rule 36. 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. His sign-board or name-plate should be of a reasonable
size.
The sign-board or name-plate or stationery should not indicate that he is or has been
President or Member of a Bar Council or of any Association or that he has been
associated with any person or organization or with any particular cause or matter or
that he specializes in any particular type of worker or that he has been a Judge or an
Advocate General.”
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• Government Pleader v. S. A Pleader,(1929) it was held that a pleader
sending a post card merely providing his address, name and
description would amount to advertisement on his part and he would
be deemed to have violated professional standards of conduct of
advocates.
• In Re: (Thirteen) Advocates v. Unknown,(1934) it was held that
publishing articles in newspapers, where the writer describes himself
as an advocate practicing in Courts is a cheap way of endorsing one’s
services.

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• Bar Council of Maharashtra v. M.V. Dhabolkar(1976)-Law is not an
exchange, not briefs, not stock, thus the paradise of business rivalry ought
not to vulgarize the lawful calling”.
• R. N. Sharma, Advocate v. State of Haryana,(2003) it has been held that an
advocate is an officer of the Court, and the legal profession is not a trade
or a business; it is a noble profession and advocates have to strive to
secure justice for their clients within legally permissible limits.
• In 2008, V.B. Joshi v. Union of India, according to which the lawyers are
allowed to furnish information on their websites, in conformity with the
Schedule and are also to provide a declaration that the information
provided by them is true.
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WEBSITES
1 Name
2. Address, telephone numbers, e-mail id’s
3. Enrolment number, date of enrolment, name of the State Bar
Council where originally enrolled, name of the State Bar Council
on whose roll they currently stand, name of the Bar Association
of which the advocate is a member 4. Professional and academic
qualifications
5. Areas of practice.

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• Changing Face of the Legal Profession-two views
• Legal Profession a commercial activity
• The amendment in rule 36 , Section IV of the BCI rules allowed advocates the
opportunity to advertise online.
• Bangalore Water Supply v. A. Rajappa-“Industry” included legal profession in it.
• Report of the High-Level Committee on Competition Policy and Law, under the
Chairmanship of S.V.S. Raghavan(2000) stated that: the legislative restrictions
in terms of law -denying opportunities and growth of professional law
firms, restricting ability to compete globally- preventing the country
from obtaining the advantage of India s considerable expertise and
precluding consumers of free and informed choice.

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References
• Rai Kailash, Legal Ethics, Central Law Publications, 10th Edition, 2011.
• Prasad Anirudh, The Ethics of Legal Profession in India, 3rd Edition,
2012
• Sirohi J. P. S, Professional Ethics and Accountancy for Lawyers and
Bench Bar Relations, 5th Edition 2010.
• http://www.legalserviceindia.com/legal/article-3261-right-to-advertis
ement-of-legal-professionals-in-india.html

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THANK YOU

inderpreet.e9827@cumail.in