Delhi Bar Council Cautions Advocates Against Advertising/Soliciting Work; Initiates Proceedings Against Two Lawyers and An NGO

Considerably, an Advocate has a duty to his colleagues under Clause 36 of Section IV under Chapter II of the Bar Council of India Rules, which prescribes the Standards of professional conduct and etiquette, not to 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.

The notice read,

"It is notified that any Advocate contravening the aforesaid rule shall be liable for prosecution under Section 35 of the Advocates Act.

Therefore, such Advocates are advised to refrain from publishing advertisements from soliciting work either directly or indirectly."

The notice has been issued in light of violation of the said Clause 36 by certain Advocates and NGOs. The notice disclosed that action had been taken against two advocates and NGO who were allegedly found soliciting professional work, through advertisement on social media, by the State Bar Council of Delhi.

In this regard it said,

"Everyone publishing such advertisement is put to notice that issuance of such advertisements are not permissible and the State Bar Council has taken suo moto action against these Advocates and have issued notices for misconduct under Section 35 of the Advocates Act and Rules made thereunder."

Section 35 of the Advocates Act prescribes that the disciplinary committee of a State Bar Council may reprimand, temporarily suspend or remove the name of an advocate from the State roll of advocates, if he is found guilty of misconduct.

Read Notice