Recently, a big and renowned Law Firm in India came up with an advertisement featuring a Bollywood actor, where trust was synonymous to the said law firm. The word spread like fire and the Law Firm took the said clip down from their social media. While the traces of the said video are gone, the instance once again sparked discussion over restrictions on advertising for advocates. It is a digital era where people share everything about their life on social media, where the virtual world is all happy and blingy. Hence, some people opine that it is time to do away with the BCI rules against advertisement by advocates. Others still believe the rules should stay. In such a case, where lawyers are not allowed to advertise, what should they do? The blog here addresses the advertisement rules for advocates and seeks to point towards the options available for advocates.
Why are lawyers not allowed to advertise in India?
Advocacy has been considered a noble profession since the time it came into existence. It is said to be primarily driven by societal service, as against commercial motives. Therefore, solicitation (seeking for, or a formal application; to approach someone for help with a request or plea) and advertising (process and methods used to draw attention to a good or service with the goal of showcasing its benefits, features, and usefulness). Recently, promotional activities through online platforms are also said to severely compromise ethical standards and professional integrity. Branding culture in the legal profession is considered detrimental to society. In fact, the Madras High Court beautifully conveyed that “The process of delivery of Justice is strongly based on the Constitution, and lawyers being the upholders of law cannot treat the profession as a business. It would be contradictory to say that a lawyer who fights for justice is doing so with a profit motive.” And hence, the restrictions on advertising for advocates seem to be justified.
Rule 36 of Bar Council of India Rules
The roots of restrictions on advertising for advocates lay with Rule 36 of BCI Rules, which in turn acquires authority through Section 35 of the Advocates Act, 1961. Thus, let’s have a look at what the provision lays:
“36. An Advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, Advertisements, touts, personal communications, interview not warranted by personal relations, furnishing or inspiring newspaper comments or procuring his photograph to be published in connection with cases in which he has been engaged or concerned. His sign-board or name-plate should be of a reasonable size. The sign-board or name-plate or stationery should not indicate that he is or has been President or Members of a Bar Council or of any Association or that he has been associated with any person or organisation or with any particular cause or matter or that he specialises in any particular type of work or that he has been a Judge or an Advocate-General.
That this Rule will not stand in the way of advocates furnishing website information as prescribed in the Schedule under intimation to and as approved by the Bar Council of India. Any additional other input in the particulars than approved by the Bar Council of India will be deemed to be violation of Rule 36 and such advocates are liable to be proceeded with misconduct under Section 35 of the Advocates Act, 1961.
Schedule
| S. No. | Particulars |
| 1 | Name |
| 2 | Address |
| Telephone Numbers | |
| Email ID | |
| 3(a) | Enrolment Number |
| (b) | Date of Enrolment |
| (c) | Name of State Bar Council where originally enrolled |
| (d) | Name of State Bar Council on whose roll name stands currently |
| (e) | Name of the Bar Association of which the Advocate is Member |
| 4 | Professional and Academic Qualifications |
| 5 | Areas of Practice (eg, Civil, Criminal, Taxation, Labour, etc.) |
”
Section 35 of Advocates Act
As per Rule 36 of BCI Rules, any contravention of restrictions on advertising by Advocates may be proceeded with misconduct under Section 35 of the Advocates Act, 1961. Hence, it is crucial for advocates to be aware of what the Section 35 of Advocates Act lays. It provides the punishment for misconduct by advocates. Thus, Rule 36 makes advertising or solicitation by advocates a misconduct as per Section 35 of 1961 Act.
According to Section 35, in case of professional or other misconduct by an advocate, the matter shall be heard by a Disciplinary Committee of the State Bar Council. The outcome of such proceedings may be dismissal of complaint, or reprimand, suspension or even removal of name of the advocate from the State roll of advocates.
Crux of BCI Rules for Advertisement by Advocates
As per Section 35 of 1961 Act and Rule 36 of 1975 BCI Rules, the following acts are squarely restricted:
- Solicitation of Work (Solicitation literally means seeking for, or a formal application; to approach someone for help with a request or plea)
- Advertisement for Work (Advertisement means the process and methods used to draw attention to a good or service with the goal of showcasing its benefits, features, and usefulness)
- Solicitation or advertisement in the form of circulars, Advertisements, touts, personal communications is restricted
- Interview is also restricted, unless warranted by personal relations;
- Newspaper comments or availing photographs by advocates to be published in connection with cases he/she has been engaged or concerned.
- Reasonable size for sign-board or name-plate
- The Sign-Board/ Name Place/ Stationery should not reflect the person being in past or present the President or Members of a Bar Council or of any Association, or Judge or Advocate General.
How can lawyers advertise in India?
If being an advocate, you wish to tell the world how amazing you are in your profession, you can not! It is as simple as that with regard to the BCI Rules and other aspects. Advertisement is not the option, looking at the restrictions on advertising for advocates in India. However, there are other ways which can help reach your voice afar. In the digital world, with smartphones and the internet easily available, people tend to look for everything online. Thus, your online presence makes a lot of difference. But again, advocates being part of the noble profession, they need to be careful with what they share.
Advocates cannot advertise – What advocates are allowed to do legally?
By now, it is clear that direct or indirect, solicitation or advertising is banned. This can be concluded after considering Rule 36 of BCI Rules, BCI Press Releases and judgments with regard to restrictions on advertising for advocates. What if there could be an alternative for restriction on advertisement for Advocates? Something which is not against the laws, or against the restriction on advertising for advocates in India? Something which aligns with the idea of this noble profession?
It is imparting legal knowledge which is duly researched and correct. The Bar Council of India in its Press Release dated March 17, 2025 specifically highlighted the misinformation on critical legal issues by un-enrolled individuals.
BCI Mandate against Advertising for Advocates
The Bar Council of India through its Press Release dated March 17, 2025 mandated the following against ethical breaches and misinformation spread by legal influencers:
- Prohibition against utilizing Bollywood actors, celebrities, or influencers for legal practice promotions.
- Swift removal of banners, promotional materials, and digital advertisements related to legal practices.
- Mandatory cessation of misleading and unauthorized legal advice dissemination by non-enrolled individuals.
- Absolute prohibition on the use of social media or digital platforms to directly or indirectly solicit legal work.
- Digital platforms must establish stringent vetting mechanisms for legal content and swift removal of misleading information.
- Ethical practices related to online conduct should be followed.
How Lawgical Shots can help you?
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