Delhi Bar Council Temporarily Suspends Lawyer For Allegedly Pasting His Mobile Number On Public Walls For Soliciting Work

The Council has suspended the license of one Shakeel Khan, who is enrolled as an Advocate with it since the year 1994, for "gross violation" of Rule 36 of Bar Council of India Rules which prescribes the Standards of professional conduct and etiquette.

The provision requires Advocates 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.

Khan is also said to have violated the provisions of the Delhi Prevention of Defacement of Property Act, 2007. Section 3 of the Act states that whoever defaces any property in public view by writing or marking with ink, chalk, paint or any other material except for the purpose of indicating the name and address of the owner or occupier of such property, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to fifty thousand rupees, or with both.

"It has come to the notice of Bar Council of Delhi that Mr. Shakeel Khan, Advocate (Enrollment No. D/904/1994) is advertising as a specialist in divorce and Court matters, by pasting his mobile number on the public walls of entire South Delhi. It is in gross violation of Rule 36 of Bar Council of India Rules, and also, it is the violation of Delhi Prevention of Defacement of Property Act 2007'.

The Council is of the view that an Advocate is the Officer of the Court and the legal profession is not a trade or business and it is a noble profession and have ethical norms and rules, which an advocate has to follow. Further Rule 36 prohibits an advocate from soliciting work, communication, advertising, circulation etc.," an order issued by the BCD on November 23 read.

The Council intimated that on conducting a preliminary enquiry it was found that there is one website also in which Khan has given his mobile number, which he has painted on the public walls. The order further disclosed,

"The staff of Bar Council of Delhi also contacted Mr. Shakeel Khan on his mobile number, which prima-facie proves that Mr. Shakeel Khan has committed professional misconduct or other misconduct."

In view of the facts and circumstances, the Council has suspended Khan from practicing as an Advocate for a period of 8 weeks with immediate effect. In the meanwhile, a notice has been issued to him to show cause why his name be not removed permanently from the rolls of Bar Council of Delhi.

Last year, the BCD had cautioned all Advocates registered with it against advertising their services and soliciting work. It had warned that Advocates found to be acting in contravention of Rule 36 shall be liable for 'Misconduct' prosecution under Section 35 of the Advocates Act.

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.

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