Plea Before Supreme Court Seeks Urgent Directions To Bar Councils To Permit Advocates To Advertise For Limited Purposes

Highlighting the grievances of lawyers suffering due to lack of work during the pandemic, a plea has been moved before Supreme Court seeking directions to the Bar Council of India and other Bar Councils to allow Advocates to advertise for the limited purpose in some areas of service.

An application has been filed in this regard, urging the Court to declare that the advertisement for some areas of service be exempt from the Bar of advertisement by Advocates, which are prohibited by the Bar Council Rules and the Advocates be permitted to advertise for the said purposes.

The applicant has clarified that permission is being sought for sectors where there again are no Court Appearance works, where 'professional prestige or privilege matters'.

The application has been filed by Advocate Charanjeet Chanderpal, Senior Standing Counsel to Central Board of Direct Taxes in his already pending plea before the top Court, which was filed last year seeking directions to the Bar Council of India to permit use of advertisements for lawyers till March 2021.

The plea had sought directions to allow public listings so that other para-legal work could be taken up by lawyers to earn their livelihood in light of the pandemic situation and have alternative means of sustenance.

A bench of Chief Justice SA Bobde, N. Subhash Reddy & AS Bopanna had on July 14th issued notice to the Bar Council of India.

The present application, filed through Advocate Anil Kumar, has pointed out that despite Supreme Court's orders, the Bar Councils have not filed their replies in the present matter.

The applicant has stated that several other unorganised sectors like consultants, CA's, etc provide a tough competition to advocates as they advertise on media while Bar Council Rules prohibit lawyers form doing the same.

The application has sought permission for advertise in the following sectors, where if permission is granted, it would in no way lower the prestige of the profession, and society would be at benefit:

• Tax Consultancy, PAN Card, GST registration, return filing work, etc

• Online Registration of various entities and online legal formalities like filing of statutory forms.

• Property Documentation, Conveyance, Company formation, minute book writing, etc.

• Loan appraisal and approval, Credit Rating, Passport and Immigration Service

• Co Operative society management, Deeds and documentation.

The applicant has opined that if allowed to advertise, the Advocates would be able to garner this subject work and work within the parameters of the profession and earn a decent livelihood.

Further, its been argued that a lot of work is siphoned away in these sectors from lawyers to several others who are incompetent to provide these services, only due to lack of propaganda and advertisement.

"However, they advertise, landing in injustice to the lawyers who have spent years in getting themselves properly qualified. This is a peculiar kind of inequality and definitely in times of lockdown of courts, even otherwise, gives unjustified competition to lawyers who can act as attorneys. " the application states.