Initiate Disciplinary Action Against Advocates Soliciting Work Through Online Portal : BCI To State Bar Councils
The BCI also directed the online portals to remove the advertisements of lawyers.
In a significant development, the Bar Council of India (BCI) has issued directives and cease-and-desist notices prohibiting the solicitation of lawyers' services, either directly or indirectly. These directives have been issued in compliance with the recent judgment passed by the Madras High Court wherein it sharply rebuked lawyers soliciting work through online websites in violation of...
In a significant development, the Bar Council of India (BCI) has issued directives and cease-and-desist notices prohibiting the solicitation of lawyers' services, either directly or indirectly.
These directives have been issued in compliance with the recent judgment passed by the Madras High Court wherein it sharply rebuked lawyers soliciting work through online websites in violation of Bar Council of India Rules. In view of this, the Court directed the Bar Council of India to issue circulars/instructions/guidelines to State Bar Councils to initiate disciplinary proceedings against solicitation of work by the lawyers.
In the directive issued to the State Bar Councils, the Bar Council of India has directed the former to take stringent disciplinary actions against advocates found advertising or seeking work through online portals. The directives issued are:
- Disciplinary Proceedings- Initiate disciplinary proceedings against advocates found advertising or seeking work through online portals. Strict adherence to Rule 36 of the BCI Rules is mandatory. Disciplinary actions may include suspension or removal from the roll of advocates.
- Complaints Against Online Platforms- File complaints against online service providers who facilitate the illegal advertisement of lawyers. This includes but is not limited to platforms such as quikr.in, sulekha.com, and justdial.com.
- Removal of Illegal Advertisements- Ensure the removal of advertisements published by lawyers through these online platforms. Coordinate with government authorities to enforce these removals and prevent such illegal activities in the future.
- Compliance Deadline- The respondent online platforms are directed to remove all content violating Rule 36 of the BCI Rules within four weeks from the issuance of this circular.
Apart from this, the cease and desist notice has been issued to the Chief executive Officer of four online platforms, i.e., Quikr India Pvt. Ltd., Sulekha.com New Media Pvt Ltd., Just Dial Limited, and Grotal.com. The notice has highlighted mainly violations. One is the illegal solicitation of work, violating Rule 36 of the Bar Council of India Rule. Second, the practice of providing ratings and offering prices for lawyer services.
In view of this, the online platforms have been asked to immediately remove listings, profiles, and advertisements related to legal practices by advocates. Further, they are also required to Cease and Desist and Terminate any operations that enable the advertisement or solicitation of legal practice by advocates. The Bar Council has categorically mentioned that in case of failure of this compliance, legal proceedings shall be initiated against the said organisations, and accordingly, penalties shall also be levied.
The deadline for filing the compliance report for both the State Bar Council and the organisations is August 10, 2024.
Click here to read the press release