Lawyers want to know if they can advertise overseas, even if they can't in India
The Indian National Association of Legal Professionals (INALP), a representative body, has written to BCI that Indian lawyers and law firms be permitted to promote their work in foreign jurisdictions, if not within India.
This comes after BCI in March censured DSK Legal for a promotional video featuring actor Rahul Bose. On 20 March, BCI rapped DSK Legal for the advertisement and asked for the video to be removed from all digital platforms, citing Rule 36 of the BCI Rules.
BCI asked DSK Legal to explain why disciplinary proceedings should not be initiated against it for violating the rule, and to furnish an undertaking that it would not run any more advertisements or promotional activities.
BCI regulates the actions of legal professionals and advocates in India under the Advocates Act 1961, and BCI Rules 1975.
Per Rule 36 of the BCI Rules, 1975, '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 which he has been engaged or concerned."
Also read | Mint Primer: Better Not Call Saul: Lawyers are in a fix over ads
'Reforms should create a level playing field'
In February, the ministry of law and justice published a draft amendment to the Advocates Act for public consultation. The draft proposed allowing foreign law firms to practise in India, Mint reported on 13 February. But after a stern response from BCI, the ministry withdrew the draft amendment.
While BCI has now permitted foreign law firms to operate in India in a limited capacity, it is unclear whether these firms will be allowed to promote and advertise their India-related work in foreign jurisdictions, INALP stated in its communication to BCI on 14 May. 'The regulation of branding and ethical conduct must be approached in greater nuance," it said.
The Indian legal services market, valued at $2.49 billion this year, is set to grow at a compound annual growth rate of 6.28% to $3.37 billion in 2030, according to estimates by Mordor Intelligence.
Haigreve Khaitan, senior partner at Khaitan and Co. law firm, told Bar & Bench, a digital publication, that while the introduction of foreign legal service providers in India was a positive step, the competitiveness of Indian law firms should also be a goal of the reforms.
'The entry of foreign law firms into India is a positive step that will result in increased knowledge sharing, innovation and faster adoption of global best practices. This must be accompanied by appropriate regulatory reforms for Indian law firms to create a level playing field and allow them to compete successfully on the global stage while spurring domestic growth," Khaitan told Bar & Bench in an article dated 15 May.
Also read | Rise of legal influencers raises concerns
Protecting clients or missing a global opportunity?
The issue of whether Indian legal service providers should be allowed to advertise their work has been taken up by the higher judiciary.
In July 2024, the Madras High Court stated in a judgement that advocacy is primarily driven by societal service rather than commercial motives and promotional activities through online platforms would severely compromise ethical standards and the professional integrity of legal service providers.
Divya Anand, vice president–legal marketing and strategy, Blue Ocean IMC, a marketing services company, several jurisdictions view advertising as a means of promoting transparency and consumer choice. 'A level playing field is best achieved when both domestic and foreign practitioners operate under mutually respectful and transparent frameworks," said Anand.
Other experts said Indian lawyers and law firms could advertise in other countries if allowed under local laws.
'Countries like the US, the UK, Australia, and parts of Europe treat legal advertising as a client empowerment tool, aiding choice and access to justice. But they allow advertising under strict regulatory codes, like no false claims, no undue influence, and must be factual and professional," said Shubham Malhotra, founder of LawStrings Management.
'With BCI now opening the door to foreign participation, we need to rethink whether our restrictive stance on advertising protects clients or merely sidelines compliant professionals from global opportunity," added Prachi Shrivastava, founder, Vakil Vetted, a firm that connects small businesses to legal service providers.
'The lack of clear, compliance-based visibility tools actually undermines client trust. In a globalised market, the ability to evaluate a lawyer's expertise should not depend on whispered referrals or opaque rankings," said Shrivastava.
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