Date:29/12/2005 URL: http://www.thehindu.com/2005/12/29/stories/2005122902981300.htm

National

AIBA seeks guidelines on lawyers soliciting work through advertisement

J. Venkatesan

"Names of some lawyers were found in websites"

NEW DELHI: The All India Bar Association has asked the Bar Council of India to come out with clear guidelines on whether or not advocates can solicit work through advertisements in newspapers or by creating `websites' informing about their activities.

In a statement, the Chairman and Vice-Chairman, Adish C. Agarwala, and S. Prabhakaran, said the attention of the AIBA had been drawn to advertisements issued by lawyers and law firms in `websites' giving their names and addresses.

They pointed out that the names of some lawyers were found in websites particularly in `Google search.'

The statement said that thanks to the BCI's initiative, the Centre had taken a firm stand not to allow the entry of foreign law companies to practice in Indian courts.

Considering the fact that the `issue of advertisements by advocates' was still a "grey area," the BCI should take a definite stand on this question to dispel the doubts of the legal fraternity.

`Rules clear`

Congress MP and former Chairman of the BCI, S.K. Kaarventhan, told The Hindu , "the BCI rules are very clear. Rule 36 says, an advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interviews etc... and Rule 37 says, an advocate shall not permit his professional services or his name to be used in aid of, or to make possible, the unauthorised practice of law by any law agency."

According to him under these Rules, an Indian lawyer is not allowed to advertise himself or his firm through websites or brochures like foreign firms.

Complaints against 400 lawyers

He said a few years ago, the BCI received complaints that over 400 lawyers in Maharashtra had issued advertisements in various forms.

The BCI asked the State Bar Council to issue notices to the lawyers concerned and subsequently all advertisements were withdrawn.

The Supreme Court Bar Association president, P.H. Parekh, was of the view that lawyers or law firms could merely give their names and addresses in `websites' without specifying the areas of specialisation.

He said the rules only prohibited advocates from soliciting work and not mentioning the names and addresses. He too felt that it was a "grey area" which required proper guidelines.