In India cigarettes, Alcohol, etc. is ban. Lawyers have a hand somewhere to closing these things, and that is Why Lawyers cannot advertise in India, we can say it the fruits of bad work. i am joking here, let it be, let us see through the legal view that why lawyers cannot advertise in india
Today I will explain here that lawyers do not have a right to the advertisement, so how did it happen? Why Lawyers cannot advertise in India?
The Bar Council of India has the authority to make a rule of the Advocates Act. And this was the rule of 36 which says; lawyers cannot promote their services through advertisement.
let’s see, What is a Legal advertisement? and What is prohibited? And Why Lawyers cannot advertise in India ?
What is legal advertising – This means that you have to promote your profession to attract so many clients. Through – Print media, News, online apps, etc.
Now second, what is prohibited in this?
then three things are prohibited,
firstly that the lawyer cannot promote his profession in any way,
and secondly, if a lawyer is involved in any case, then he will be in the newspaper about that case. Can’t give any inspiring comments
and thirdly, you have to nameplate even through this, you cannot attic whether you are a member of the Bar Council of India or the president there.
In 2008, the bar council eased some of the predictions and allowed lawyers to have their websites. with, contact information, qualifications, and Areas of specialty.
Now see, why the Bar Council does not allow the advertisement of legal services. The legal profession is a noble profession and not a trade or business, Advertising will allow healthy competition which can lead to unfair practices, Advertising expenditure may lead to inappropriate fee hikes, and Big law firms can exploit small firms.
If we see the, pare with the rest of the countries, then the situation is a little different,
earlier the US took the advertisement and completely prohibited it, then it was changed a little and is now allowed under specific guidelines.
But still can’t do some things like, can’t claim to be an expert, No false and misleading info,
Now if we talk about the UK, then there is Advertisement allowed. Under -Should not be deceptive, Adequate info.
Do you think lawyers should be given the right to Advertisement?