An advocate who commits a breach of Rule 36 providing for the bar against advertising and solicitation of work is liable to be proceeded against for professional misconduct.
Advocacy is a noble and honorable profession. It is expected that an advocate should not indulge in such acts or conduct which might lessen the faith of the people in the legal profession or malign its integrity. It is for this reason that advertising of legal services and soliciting of work by advocates is prohibited by the Bar Council of India and State Bar Councils.
Your message attracts 'solicitation'
The Bar Council of India, while exercising the rulemaking power conferred upon it by Section 49(1)(c) of the Advocates Act 1961, has framed several rules under Chapter II of Part VI of the BCI Rules laying down the ‘Standards of Professional Conduct and Etiquette’.
Rule 36 as provided in Section IV (Chapter II of Part VI of BCI Rules) provides for the bar against advertising and soliciting work:
- It provides that an advocate shall not solicit work or advertise by direct or indirect means. Such solicitation and advertisement include circulars, advertisements, touts, personal communications, or interviews not warranted by personal relations.
Section 35(1) of the Advocates Act, 1961 provides for the power of the State Bar Council to punish an advocate for ‘professional or other misconduct’. It provides that, where on receipt of a complaint or otherwise, the State Bar Council has reason to believe that any advocate on its roll has been guilty of professional or other misconduct, it shall refer the case for disposal to its disciplinary committee.