The Ban On Advertising & Soliciting Litigation Works In India
- IJLLR Journal
- Dec 31, 2024
- 2 min read
Bhumika Makhija, BBA LLB (Hons.), NMIMS School of Law, Mumbai
ABSTRACT
“Our profession is good if practiced in the spirit of it, it is a damnable fraud and inequity when its true spirit is supplanted by mischief-making and money making" - Daniel Webster. It is contradictory for the critics of advertising to praise the legal professions virtue and altruism while also claiming that lawyers will use advertisements and soliciting practices to mislead and deceive. It must be an inherent belief that most lawyers will continue to act as they always have up-holding their oaths to maintain the integrity of the profession, for every attorney who overreaches through advertising, there will be thousands of others who will be candid, honest and straightforward, and it will be in the latter’s interest as in case of misconduct at the bar, to assist in weeding out those few who abuse their trust.
This research paper investigates the intricate dynamics of lawyer advertising in India, elucidating the evolution of regulatory frameworks and their broader implications. It traces the historical trajectory of legal advertising, beginning with the establishment of the BCI and the subsequent imposition of prohibitions on such practices.
The analysis further explores the multifaceted dimensions of lawyer advertising, scrutinizing its effects on legal professionalism and ethical standards. It examines pivotal judicial rulings that have shaped the ongoing discourse surrounding legal advertising within the Indian context while drawing comparisons with evolving international perspectives.
In conclusion, this paper offers a thorough examination of the complex interplay between digital marketing and legal ethics in India, underscoring the necessity for a balanced approach that facilitates the promotion of legal services while simultaneously upholding the esteemed standards inherent to the legal profession.
