Should India Continue The Blanket Ban On Legal Advertising?
- IJLLR Journal
- 16 minutes ago
- 2 min read
Sajal Singh, OP Jindal Global University
INTRODUCTION:
"Law's nobility as a profession lasts only so long as the members maintain their commitment to integrity and service to the community."
— “Justice Krishna Iyer”
In India, the legal profession is regarded to be a noble profession because it is a service to the society and demands a higher standard of ethical conduct compared to personal or commercial pursuits. However, it is argued that legal profession is no longer distinct from commercial business ventures as lawyers and law firms are advertising themselves to expand their reach among consumers of legal services with the sole motive of moneymaking. Today, the nobility of legal practice is running at a risk of being reduced to a purely commercial enterprise. If such promotional activities are left unchecked, it could further erode the integrity of the profession. Against this backdrop, “Bar Council of India” has imposed a complete ban on advertisements by legal professionals.
HYPOTHESIS:
This article primarily examines the impracticality of the extent of ban under the “Bar Council of India Rules” on advertising by advocates. Complete prohibition is unarguably excessive in nature and calls for immediate amendments to align the rules with the changing needs of the hour. The trend in other jurisdictions from which Indian judicial system heavily borrows, indicates a shift towards regulating the advertisements rather than a blanket prohibition. The current restriction deprives consumers of information on legal services available, forcing them to rely on personal knowledge or word of mouth/reputation which limits their ability to make informed decisions. Furthermore, the ban significantly prejudices the chances of young and emerging pool of advocates to establish themselves in a market dominated by senior practitioners.
