logo
State bar council warns lawyers against advertising legal services on social media

State bar council warns lawyers against advertising legal services on social media

Time of India4 days ago
Chandigarh: The State Bar Council of Punjab and Haryana has warned lawyers against advertising their legal services through social media, promotional videos, and influencer endorsements.
The council issued the warning after noticing some lawyers indulging in such practices to solicit work by way of advertisement, either directly or indirectly, through circulars, advertisements, touts, personal communications, interviews, furnishing or inspiring newspaper comments, or producing their photographs to be published in connection with the cases in which they are engaged or concerned.
As per the formal letter sent to all the bar associations in the region, the State Bar Council mentioned that it observed advocates leveraging religious, cultural, or public events for self-promotion through banners, stalls, and digital advertisements.
Such methods clearly constitute unethical canvassing, infringing upon professional ethics and the dignity of legal practice. "In the age of the internet and digital media, the rise of self-styled legal influencers has compounded these ethical concerns.
The Bar Council of India (BCI), as well as the State Bar Council of Punjab and Haryana, notes with serious concern the rapid growth of legal influencers who, even possessing appropriate credentials, spread misinformation on critical legal issues," says the bar council's letter dated July 31.
It was further stated that certain advocates published their photographs with clients, stating that due to the arguments advanced by such advocates, the courts decided the cases in their favour. This is all prohibited in view of Rule 36 of the BCI Rules. It was further warned that any violation of the aforementioned Rule 36 of the BCI amounts to serious misconduct, and the guilty advocate can be proceeded against under Section 35 of the Advocates Act, which can even lead to the suspension or cancellation of the advocate's licence, says the letter.
The formal communication in this regard was sent on behalf of Rakesh Gupta, chairman of the State Bar Council, to the presidents and secretaries of the Punjab and Haryana High Court Bar Association, all bar associations in the state of Punjab, Haryana, UT Chandigarh, all Tax Bar Associations, and State Consumer Dispute Redressal Commissions of both the states and UT for compliance.
MSID:: 123044667 413 |
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

BCI no to foreign law firms, flags ‘joint' entities as well
BCI no to foreign law firms, flags ‘joint' entities as well

Time of India

time2 hours ago

  • Time of India

BCI no to foreign law firms, flags ‘joint' entities as well

CHENNAI: The Bar Council of India (BCI) has flagged some foreign law firms which are operating in India as if they are joint entities with Indian law firms and has warned lawyers and firms that what is directly barred by Indian law should not be attempted in any indirect manner. In a press statement on Tuesday, the BCI said: 'Entities functioning as 'Indian-Foreign Law Firms,' as defined under Rule 2(vi)(b) and Rule 2(vii), are required to be registered prior to the commencement of any activity that could be interpreted as the practice of law. Any arrangement that creates a joint platform, uses a unified brand, involves co-branding of legal services, or results in shared client servicing without registration is in contravention of the Rules. ' The statement was issued as two entities -- Dentons Link Legal and CMS INDUSLAW -- engaged in conduct violative of the applicable Indian legal and regulatory framework, it said, adding, 'the Council has issued separate showcause notices to the entities concerned and individuals involved in the aforementioned arrangements.' The statement further said: 'Pending adjudication, the council further cautions that any continuation of public or professional activity under the names such as 'Dentons Link Legal', 'CMS INDUSLAW', or any similar branding or structure, without prior registration and approval from the BCI, may be treated as a prima facie violation. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like No annual fees for life UnionBank Credit Card Apply Now Undo Any persistence with such models may be considered an aggravating factor in determining liability. ' 'The BCI has noted with grave concern that certain foreign law firms, in association with Indian law firms, are holding themselves out as unified or integrated global legal service platforms. These combinations are often structured through Swiss Vereins, strategic alliances, exclusive referral models, or joint branding initiatives, which are then publicly promoted under combined identities (e.g., Dentons Link Legal and CMS INDUSLAW), thereby portraying to clients and the public at large a de facto integrated legal practice across jurisdictions, including within India. ' 'The Council affirms that such structures, if implemented and operationalised without prior registration under the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2023 (as amended in 2025) (hereinafter, the 'Rules'), are impermissible. The Rules, clearly set forth the prerequisites, procedural formalities, and substantive requirements for any Indian-Foreign law firm collaboration, including registration, disclosure, governance, and ethical compliance,' it said. 'The Council reaffirms the settled legal position established by the Hon'ble Supreme Court of India in the year 2018 in Bar Council of India v. A. K. Balaji & Ors. The Court has held that foreign law firms cannot do indirectly (through an alliance, combination or arrangement) what they are prohibited from doing directly. To put it plainly, if an individual foreign lawyer is barred from practice in law in India, a group of lawyers or firm (by any name) is equally barred from doing so as a collective,' it said. The expression 'practice of law' is not restricted to courtroom advocacy but includes providing legal advice, preparing legal documents, contract drafting, negotiations, and all other related services, the statement said. The Supreme Court further clarified that foreign firms or lawyers must not render such services unless they submit themselves to the Indian regulatory architecture under the Advocates Act and the BCI Rules, it added. In this regard, the council clarified that foreign lawyers and law firms can practice in India in a regulated manner, only with respect to foreign law and international law, and not in Indian Law and nor in litigation. 'The Council remains committed to protecting the sovereignty of India's legal system while also promoting ethical and lawful cross-border legal cooperation,' it said.

Bar Council of Punjab and Haryana forms panel to probe bench-hunting plaints
Bar Council of Punjab and Haryana forms panel to probe bench-hunting plaints

Hindustan Times

time16 hours ago

  • Hindustan Times

Bar Council of Punjab and Haryana forms panel to probe bench-hunting plaints

The Bar Council of Punjab and Haryana has constituted a panel to look into complaints of 'bench hunting' to obtain favourable order at the Punjab and Haryana high court. Council chairman Rakesh Gupta said the privilege committee, headed by Raj Kumar Chauhan, a member of the Bar Council, has been asked to immediately start the proceedings on the same. Bench hunting or forum shopping refers to petitioners managing to get their cases heard by a particular judge or bench to ensure favourable order. Bench hunting or forum shopping refers to petitioners managing to get their cases heard by a particular judge or bench to ensure favourable order. In May, a senior judge of the high court had hinted at a possible case of bench hunting in a matter involving a Gurugram realtor and a former judicial officer. It had come to light in that case that a particular lawyer was taken as the filing counsel only to get the case de-listed from a particular judge. However, Gupta did not confirm whether the same case was being investigated and said, 'A few names have to come to us.' The council is the statutory body with 1.5 lakh members across two states and Chandigarh. It has regulatory control over the Bars and regulates entry into the legal profession and also adjudicates complaints against lawyers. It is established under the Advocates Act, 1961, and is headquartered in Chandigarh. 'The committee is authorised to adopt all procedures, including issuance of notice, recording statement, summoning the record, if any as provided under the Advocates Act, if so required. The said committee is also authorised to collect all the information, data, record from various agencies, including press, high court and other sources, if so required,' the statement put out by the chairman said. As per Gupta, some of the members of Bar Council had pointed out to him that some advocates of high court, to secure 'favourable orders' from a particular bench or avoiding to appear before a bench, are doing bench-hunting. 'This is a serious misuse of the privileges granted to advocates under the Advocates Act. At the same time, it is a responsibility of the Bar Council to maintain dignity, status and reputation of the legal profession,' said Gupta, adding that he had come across one such case. An inquiry would be conducted to avoid such 'unethical activities', he added.

Bar Council orders probe into ‘bench hunting' by advocates in Punjab and Haryana HC
Bar Council orders probe into ‘bench hunting' by advocates in Punjab and Haryana HC

Indian Express

timea day ago

  • Indian Express

Bar Council orders probe into ‘bench hunting' by advocates in Punjab and Haryana HC

Taking note of allegations of 'bench hunting' by certain advocates practising in the Punjab and Haryana High Court, the Bar Council of Punjab and Haryana has ordered an immediate inquiry into the matter, terming it a 'serious misuse of legal privileges granted under the Advocates Act'. Bar Council of Punjab and Haryana (BCPH) Chairman Rakesh Gupta stated that concerns were raised by several Bar Council members regarding some advocates allegedly attempting to manipulate bench listings — either to secure favorable outcomes or to avoid appearing before specific judges. 'Such actions strike at the very root of judicial integrity and tarnish the dignity and reputation of the legal profession,' Gupta said in his official communication. He warned that if the Bar Council fails to intervene, such unethical practices could further 'erode public faith in the judicial system and demoralise the broader legal community'. One such incident reportedly came to light through social media, and was subsequently verified by multiple Bar Council members, prompting urgent action. In response, the matter has been entrusted to the Privilege Committee of the Bar Council, which has been tasked with conducting a day-to-day inquiry into the allegations. The committee, headed by Raj Kumar Chauhan, has been empowered to adopt all procedural steps permissible under the Advocates Act — including summoning records, issuing notices, recording statements, and collecting information from relevant sources including the high court registry, press, and other agencies. Gupta emphasised the responsibility of the Bar Council in preserving the dignity, status, and discipline of the legal fraternity, asserting that proactive steps were essential to safeguard the profession's credibility and constitutional role. The committee has been directed to begin proceedings immediately and submit its report and recommendations at the earliest, the BCPH chairman said.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store