LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shishir Yadav (Criminal Law Student)     29 October 2011

Professional ethics of lawyer

why lawers do not have to advertise themselves?


 7 Replies

adv. rajeev ( rajoo ) (practicing advocate)     30 October 2011

It is not allowed by the bar council.  It is a noble profession it does not requires any advertisement, but now a days it is necessary in competetion era.

Nadeem Qureshi (Advocate/     30 October 2011

Dear Shishir yadav

I think you can understand Mr. rajoo's view

Shishir Yadav (Criminal Law Student)     01 November 2011

Thank-you Raju Sir and Qureshi sir, I know the regulation of bar council prevent advertising lawyers but my question is.. what is the doctrine behind it? you mentioned the nobility of the profession but it only the doctrine is not rational in my view. so could you further explain if there exist any rationality behind it?


Mr.Shishir you stated that you know the provision. What is law ? please try to find-out. You will get the answer.

Shishir Yadav (Criminal Law Student)     02 November 2011

Well Mr. Rao Sir... as i'm the law student form Nepal, there is code of conduct for the lawyers which do not precisely mention about the restriction on it. But based on the ethics, it is un ethical to advertise themselves. what is the doctrine behind it?

Dhawal Bhandari (ADVOCATE)     03 November 2011

The Bar Council Rules prescribe a strict code of conduct for advocates, which is as follows:

. No advertising or soliciting work 
It is against an advocate's code of ethics to solicit or advertise work and amounts to a misconduct on the part of the advocate. Both direct and indirect advertising is prohibited. An advocate may not advertise his services through circulars, advertisements, touts, personal communication or interviews not warranted by personal relations. Similarly, the following forms of indirect advertising are prohibited: 
(i) by issuing circulars or election manifestos by a lawyer with his name, profession and address printed on the manifestos, thereby appealing to the members of the profession practising in the lower courts who are in a position to recommend clients to counsel practising in the high court 
(ii) canvassing for votes by touring in the province or sending out his clerk or agents to the various districts, which must necessarily mean directly approaching advocates practising in subordinate courts.

Further, the signboard or nameplate displayed by an advocate should be of reasonable size. It should not refer to details of an affiliated by the advocate ie that he is or has been president or member of a bar council or of any association, or he has been a Judge or an Advocate-General, or that he specialises in a particular kind of work, or that he is or was associated with any person or organisation or with any particular cause or matter.

. Not demand fees for training
An advocate is restrained from demanding any fees for imparting training to enable any person to qualify for enrolment.

. Not use name/services for unauthorised practice
An advocate may not allow his professional services or his name to be associated with, or be used for any unauthorised practice of law by any lay agency.

. Not enter appearance without consent of the advocate already engaged 
An advocate is prohibited from entering appearance in a case where there is already another advocate engaged for a party except with the consent of such advocate. However if such consent is not produced, the advocate must state the reasons for not producing it, and may appear subsequently, only with the permission of the court.

. Duty to opposite party 
While conducting a case, a lawyer has a duty to be fair not only to his client but also to the court, and to the opposite party. An advocate for a party must communicate or negotiate with the other parties regarding the subject matter of controversy, only through the opposite party's advocate. 

If an advocate has made any legitimate promises to the opposite party, he should fulfil the same, even if the promise was not reduced to writing or enforceable under the rules of the court. 

N.K.Assumi (Advocate)     06 November 2011

BCI Rules -Part IV Section 36 Section IV-Duty to colleagues: Secion 36: An Advocate shall not solicit work or Advertise, either directly or indirectly, whether by circulars, advertisement, touts personal communication, interviews not warranted by personal relations, furnishing or inspiring newspaper comments or producing his photograph to be published in connection with cases in which he has been engaged or concerned..........

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads


Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query