Can Lawyers Advertise? After JustDial, Sulekha Also Moves Supreme Court Against Madras HC Order

Madras High Court in its judgment had directed the Bar Councils to take action against advocates soliciting work through online portals and online service providers allowing advocates to advertise.

In July, the Madras High Court directed the BCI to issue guidelines to State bar councils to initiate disciplinary action against lawyers who advertise

Source : ANI

Online local services business platform Sulekha has moved the Supreme Court against Madras High Court directions to take down its advertisements published by lawyers.

Madras High Court in its judgment had directed the Bar Councils to take action against advocates soliciting work through online portals and online service providers allowing advocates to advertise.

The digital platform has contended that such a direction can lead to creation of economic barriers for certain lawyers which may result in creation of different classes within advocates. The plea states that this will benefit lawyers who could afford to create their own websites and will disadvantage others who cannot.

A bench of Justices Hrishikesh Roy and SVN Bhatti in a recent order has issued notice in the matter and tagged it with earlier plea filed by JustDial.

In August, the top court sought the Bar Council of India's (BCI) response to a similar plea by JustDial (another digital platform).

At that time the court had expressed the need to examine if JustDial's commercial activities  wiare in compliance with the Advocates Act and BCI regulations.

In July, the Madras High Court directed the BCI to issue guidelines to State bar councils to initiate disciplinary action against lawyers who advertise or solicit work directly or indirectly through ads, messages and touts.

The Madras HC order has further ordered the BCI to file complaints against online service portals like Sulekha and JustDial for defying Bar Council rules. Theorder had also directed for removal of any existing ads by lawyers. The high court had taken a dim view of the such online advertisements and branding culture among lawyers.

The high court passed the order after noting that the websites were giving ratings to lawyers without any basis. It further noted that they were selling legal services of lawyers for a fixed price, which goes against the Bar Council of India Rules.