Parthasarathi Loganathan (Advocate) 17 October 2010

Advertisement to Law Practice

I appeal to the Forum to share knowledge and explain on legal perspective as to:

(a) What is Advertisement (on legal context)?

(b) Will free legal aid offered to poor and deprived falls under the ambit of advertisement?

(c) Can a website put in place with the ownership of few service minded lawyers to offer legal services at nominal costs to the clients comes under the purview
of advertisement?

(d) Can the definition varies from activity or uniform to all irrespective of the product marketed?

(e) Keeping in view with the Regulations imposed in the Advocates' Act and BCI, is there any scope for flexibility in the laws to ensure that no lawyer remains unemployed in the country? In other words, if any lawyer who does not generate any regular source of income engages himself to advertise his service, should BCI or Advocates' Act make provisions for the same?

(f) Can the concept of Advertisement in Law Practice and Advertisement in Medical Practice equated in legal perspective?

(g) Can we sincerely admit that all Lawyers and Lawyers in this country have strictly ensured that Advertisement to Law Practice is governed in the true letter and spirit as prescribed in the extant Laws?

(h) Do mere display of name board of an advocate in his residence or law chambers amounts to Advertisement of Law Practice?

(i) If an employee of a Government Organisation or PSU who is a law graduate displays his name board with his law qualifications, does is amount to Advertisement?

Participants can reply point-wise as above and share their valid opinion sincerely supported by logic without prejudice to extant law.

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7 Replies

Daksh (Student) 18 October 2010

Mr.Parthasarathi Longanathan,

In my humble view you better put these querries to Bar Council of India while seeking its permission. Being proactive is a good thing especially when there is a possibility of problem/trouble later on.

Otherwise any good concept/step ensuring the welfare of needy/people in distress is a welcome step and I really applaud your concern in this regard.

Best Regards

Daksh

Parthasarathi Loganathan (Advocate) 18 October 2010

These points are placed for debate and in no way prejudice to extant laws as I already stated in my post. I always salute and abide by the Rule of Law as a common citizen. However, healthy platforms like LCI forum is the best place for our learned brethren to share or exchange ideas in a constructive way giving zero scope for contraversy. Nothing is permanent in this changing world as only young students like Daksh can even become lawmakers for our next generation. It is our bounden duty to keep the right spirits and at the same time they have the right to reserve their opinion. Let us keep moving forward for the best.

Bhartiya No. 1 (Nationalist) 18 October 2010

There is nithing wrong in " Advertisement to Law Practice" as I feel. For a non professional or layman like us, it becomes very difficult to select lawyers for us.

Arup (UNEMPLOYED) 18 October 2010

(a) What is Advertisement (on legal context)?

in our day to day practice, we very much familar with adv. it should be something like that.

(b) Will free legal aid offered to poor and deprived falls under the ambit of advertisement?
- perhaps.

but i have an experience.

seeing an adv on free legal aid i contacted thier office some young men sat there. they told - free service stopped, and instead of free they accepting a nominal charge.

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P RADHA NAMBI (Chief) 28 October 2010

sir,

Displaying a name board with educational qualification does not amount to give advertisement by any stretch of imagination. It will indicate the visitor that the person who is sitting in the room has got bundle of information about the legal implications of the relevant issues they are discussing and not that there is advertisement for soliciting in legal matters.

Yours

with regards,

P.RADHA NAMBI

Parthasarathi Loganathan (Advocate) 29 October 2010

Which Enactment legally defines the concept of "Advertisement"?

Sarvesh Kumar Sharma Advocate (Advocacy) 30 October 2010

Advertisement of Advocates

By : sarvesh k sharma .0-9258044407

on 01 August 2009 Print

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"RESOLVED that the following amendment of Rule 36 in Section IV, Chapter II, Part VI of the Bar Council of India Rules by incorporating a proviso in terms of resolution passed by the Joint Consultative Conference be and is hereby approved."

"PROVIDED 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"

Source : Bar Council of India at its meeting held on 24th March , 2008