BCI cracks down on unethical legal advertising and misleading promotions

The Bar Council of India (BCI) has issued a strict warning against the increasing trend of advocates advertising their services through social media, promotional videos, and endorsements by influencers and celebrities. The regulatory body has denounced such practices as unethical and in violation of Rule 36 of the BCI Rules, which prohibits legal professionals from soliciting work directly or indirectly.

The BCI has stated that the use of Bollywood actors, celebrities, and digital media platforms in promoting legal services, emphasizing that such commercialization erodes public trust and diminishes the sanctity of the legal profession. The council reaffirmed the Supreme Court’s stance that legal practice is a noble profession driven by justice and integrity, rather than commercial gain.

This crackdown follows a landmark Madras High Court ruling in July 2024, which emphasized that advocacy should not be commodified through advertisements. The court ruled that online platforms such as Just Dial, Quikr, and Sulekha facilitating legal service promotions are violating BCI Rules and the Advocates Act, 1961, and are not protected under the IT Act’s safe harbor provisions.

What are BCI's new mandate? - Immediate removal of advertisements violating Rule 36. - Prohibition on Bollywood actors, celebrities, or influencers endorsing legal services. - Strict action against self-proclaimed legal influencers spreading misinformation. - Ban on digital platforms facilitating legal advertisements or offering paid legal promotions. - Severe penalties for non-compliance, including suspension or cancellation of legal licenses.

The rise of social media influencers giving misleading legal advice has also been flagged as a serious ethical concern. Many such individuals, without proper qualifications, are misinterpreting landmark rulings on issues such as citizenship, privacy laws, taxation, and GST compliance, leading to public confusion and unnecessary litigation.

The BCI has warned that any advocate or platform found violating these directives will face severe disciplinary action, including possible referral to the Supreme Court for contempt proceedings. This move underscores the BCI’s commitment to preserving the dignity and professionalism of legal advocacy, urging all legal practitioners and digital platforms to strictly adhere to ethical standards.