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Time of India
01-08-2025
- Politics
- Time of India
State bar council warns lawyers against advertising legal services on social media
Chandigarh: The State Bar Council of Punjab and Haryana has warned lawyers against advertising their legal services through social media, promotional videos, and influencer endorsements. The council issued the warning after noticing some lawyers indulging in such practices to solicit work by way of advertisement, either directly or indirectly, through circulars, advertisements, touts, personal communications, interviews, furnishing or inspiring newspaper comments, or producing their photographs to be published in connection with the cases in which they are engaged or concerned. As per the formal letter sent to all the bar associations in the region, the State Bar Council mentioned that it observed advocates leveraging religious, cultural, or public events for self-promotion through banners, stalls, and digital advertisements. Such methods clearly constitute unethical canvassing, infringing upon professional ethics and the dignity of legal practice. "In the age of the internet and digital media, the rise of self-styled legal influencers has compounded these ethical concerns. The Bar Council of India (BCI), as well as the State Bar Council of Punjab and Haryana, notes with serious concern the rapid growth of legal influencers who, even possessing appropriate credentials, spread misinformation on critical legal issues," says the bar council's letter dated July 31. It was further stated that certain advocates published their photographs with clients, stating that due to the arguments advanced by such advocates, the courts decided the cases in their favour. This is all prohibited in view of Rule 36 of the BCI Rules. It was further warned that any violation of the aforementioned Rule 36 of the BCI amounts to serious misconduct, and the guilty advocate can be proceeded against under Section 35 of the Advocates Act, which can even lead to the suspension or cancellation of the advocate's licence, says the letter. The formal communication in this regard was sent on behalf of Rakesh Gupta, chairman of the State Bar Council, to the presidents and secretaries of the Punjab and Haryana High Court Bar Association, all bar associations in the state of Punjab, Haryana, UT Chandigarh, all Tax Bar Associations, and State Consumer Dispute Redressal Commissions of both the states and UT for compliance. MSID:: 123044667 413 |
Indian Express
01-08-2025
- Politics
- Indian Express
Punjab and Haryana Bar Council warns lawyers against advertising legal services via social media, influencer collabs
The Bar Council of Punjab and Haryana (BCPH) has issued a warning to all advocates and Bar Associations against the unethical and increasingly common practice of advertising legal services through social media platforms, promotional videos, and influencer collaborations. The Council has emphasised that such conduct violates Rule 36 of Chapter II, Part VI of the Bar Council of India (BCI) Rules. It warned that violations will be treated as professional misconduct under Section 35 of the Advocates Act, 1961, which may lead to suspension or cancellation of an advocate's licence. It has also made it clear that office bearers of Bar Associations in Punjab, Haryana, and Chandigarh will be held accountable if such practices continue under their watch. In a detailed communication addressed to presidents and secretaries of various Bar Associations, including those of tribunals, tax bars, and consumer forums, BCPH chairman Rakesh Gupta stated that the legal profession is a noble service, deeply rooted in public trust and distinct from commercial business ventures. Citing multiple judicial pronouncements, including a recent landmark ruling by the Madras High Court dated July 3, 2024, the Council reiterated that commercialisation of legal services undermines public faith and the sanctity of the legal practice. The communication also noted that despite previous directives, a growing number of advocates have been found soliciting work through indirect advertisements, online promotions, and even publicising favourable court outcomes with client photographs in newspapers in a clear violation of ethical standards. Rule 36 of the BCI Rules explicitly prohibits advocates from soliciting work through any form of advertisement or public endorsement, including via digital platforms. It also forbids personal publicity or associating oneself with any particular cause, organisation, or past designation to gain legal work. The Bar Council further highlighted recent concerns over 'legal influencers' spreading misleading information online, regardless of their credentials. The Council has urged all presidents and secretaries of Bar Associations to immediately disseminate the circular among their members and ensure strict compliance.
Mint
18-05-2025
- Business
- Mint
Lawyers want to know if they can advertise overseas, even if they can't in India
New Delhi: Lawyers have appealed to the Bar Council of India to provide clarity on whether they can advertise in foreign jurisdictions, after BCI last week allowed foreign lawyers and legal firms to practice in India in a limited capacity. 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.
India Gazette
17-05-2025
- Business
- India Gazette
Foreign law firms in India: A step forward or a legal dilemma?
New Delhi [India], May 17 (ANI): The amended Bar Council of India (BCI) Rules regarding the entry of foreign lawyers and law firms into India have elicited mixed reactions both domestically and internationally. Rohit Kochhar, Chairman & Managing Partner of Kochhar & Co., highlights that while the amendments have been introduced with great enthusiasm, it remains uncertain whether changes to the Advocates Act, 1961, are required before their implementation. A key concern is the lack of a level playing field. Rule 36 of the BCI Rules strictly prohibits Indian lawyers from advertising or soliciting work, including participating in interviews or media commentary. In contrast, foreign firms actively engage in business development through dedicated marketing teams. Recently, the BCI issued warnings to Indian firms against publishing newsletters, classifying them as violations. These outdated restrictions put Indian law firms at a disadvantage. Rohit Kochhar emphasises that if foreign lawyers are allowed to operate in India, appropriate safeguards must be in place to ensure fair competition without undermining Indian legal practitioners. Fidelegal Advocates & Solicitors, an Indian law firm, welcomes the BCI's initiative to allow foreign law firms into India, which is expected to drive growth in the Indian legal market and benefit domestic lawyers. However, the firm points out that, according to the Supreme Court's ruling in the AK Balaji case, foreign lawyers cannot practice in India. Under existing laws, only Indian citizens are permitted to practice law. Therefore, similar amendments to the Advocates Act are needed to ensure transparency; otherwise, the current legal framework may lead to confusion and ambiguity regarding the entry of foreign law firms. Advocate Sumit Gehlot, Managing Partner of Fidelegal Advocates & Solicitors, further stresses the need for complete reciprocity in the true spirit. He asserts that foreign lawyers should be limited to non-litigious matters concerning foreign and international law. Additionally, he hopes that the BCI will, in the same spirit, address the longstanding concerns of Indian lawyers by enabling them to establish legal practices in foreign countries. Dr. Lalit Bhasin, President of the Society of Indian Law Firms (SILF), underscores that the amended BCI Rules cannot be effectively implemented without modifications to the Advocates Act, 1961, which currently restricts legal practice in India to Indian citizens. The Supreme Court upheld this position in the Balaji case, and changing this policy without legal amendments could lead to confusion and potential embarrassment. To position India as a global hub for arbitration and mediation, a robust legal framework, including the Mediation Law, is essential. Dr. Bhasin emphasises that the Advocates Act must be revised accordingly. While India welcomes foreign legal professionals and seeks opportunities for Indian firms to expand internationally, such changes must be introduced systematically and in alignment with existing legal provisions. An amendment remains necessary to address the Supreme Court's ruling in the Balaji case. JSA Advocates & Solicitors also shared its perspective on the matter. The firm acknowledges that the BCI has formally notified the rules governing the entry of foreign law firms into India--an initiative that has been in development for a long time. This notification helps dispel uncertainties surrounding the future of the Indian legal market. While the impact of these new regulations will become clearer in the coming months, JSA welcomes any governmental initiative that strengthens and deepens the ability of India's legal market to offer sophisticated legal counsel to both domestic and international clients operating in India and abroad, says Vivek K. Chandy, Joint Managing Partner of JSA Advocates & Solicitors. JSA further expresses optimism that this development is a stepping stone toward broader reforms in the legal services sector. Amar Gupta, Joint Managing Partner at JSA Advocates & Solicitors, hopes that the BCI will, in the same spirit, address the longstanding concerns of Indian law firms, allowing them to expand their global presence. (ANI)
Indian Express
07-05-2025
- Politics
- Indian Express
Sixth semester exams this month, results of DU LLB papers held 4 months ago still not out
Four months after Delhi University's (DU) Bachelor of Law (LLB) students sat for their odd semester exams, results are still not out — the longest they have been delayed in recent years. As final-year students, who intern with lawyers and judges throughout their three-year degree for job opportunities, stare at an uncertain future, job offers, internships and preparation for the sixth semester exams — scheduled for later this month — have been in a flux. Moreover, no explanation for the delay has been offered by the university. Shreya Chauhan, a final-year student, said, 'Law students face a lot of uncertainty in their final year. It's especially frustrating because a lot of planning is involved in finding jobs, which has to be postponed because of the results being repeatedly delayed. If we don't clear all papers, we have to give supplementary exams, which take place soon after our sixth semester exam results are out. Not knowing the previous results cuts down on preparation time.' 'Many of us retook the third semester exams in the fifth semester. If we don't clear those exams, we will lose an entire year… This wait for the results is endless and extremely anxiety-inducing,' she added. Another final-year student, on condition of anonymity, said, 'So many of us are doing assessment internships (with lawyers and judges, which can lead to job offers) right now. What happens if you don't pass a paper? Nobody offering a job will take you in. We need to be prepared for such eventualities.' Ronak Khatri, president of the Delhi University Students Union, said, 'We have mailed the university's exam branch and had many in-person meetings about the delayed results. Our last meeting with them was on May 3. Every time they say the results will come in a week… It's been 100 days since the exams ended. I study with the law faculty too… Some results from the School of Open Learning are also pending.' When contacted, Controller of Examinations, Prof G S Tuteja, said, 'We are just compilers of the result. Ask the Dean of Law Faculty when she submitted the evaluated copies. We take two weeks to compile the result.' When asked, the Dean of DU's Faculty of Law, Prof Anju Vali Tikoo, said on May 6, 'I won't be commenting (on the delay). All I can say is that we expect the results in a day.' As of Wednesday, the results had not been announced. This comes amid students raising complaints about the university neglecting the Faculty of Law. A student said, 'Due to university rules, our professors are reluctant to relax attendance requirements for internships, which are prescribed according to Bar Council of India (BCI) rules.' Rule 25 under Schedule III of the 'BCI Rules (Part IV): Legal Education Act, 2008', stated: 'Each registered student shall have completed minimum of 12 weeks internship for Three Year Course stream and 20 weeks in case of Five Year Course stream during the entire period of legal studies…' The student added, 'Other law schools get holidays for internships but not us because the university has been trying to finish a three-year course in two-and-a-half years. Our course was supposed to start in July 2022 but it did in January 2023. We got no summer break in 2023 and 2024.'
