Lok Sabha Question No. 3189 (UNSTARRED), answered on 2024-08-09
Subject: Regulation for Online Legal Services
Ministry: LAW AND JUSTICE
Asked by: Shri Anto Antony

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF LEGAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 3189 TO BE ANSWERED ON FRIDAY, THE 09/08/2024

## Regulation for Online Legal Services

## 3189.    Shri Anto Antony:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a)  the  current  status  of  the  ban  issued  by  Bar  Council  of  India  (BCI)  on  lawyers advertising and soliciting work through online platforms;
- (b) whether any change has been made in the ban, if so, the details thereof;
- (c) the details of the legal basis for BCI's authority to impose such a ban on lawyer advertising through online platforms;
- (d) the steps taken/proposed to be taken by the Government regarding this issue; and
- (e) whether the Government intends to implement specific guidelines or regulations to oversee online platforms offering legal services, if so, the details thereof?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS

## (SHRI ARJUN RAM MEGHWAL)

(a) The Bar Council of India (BCI) is mandated to lay down the rules pertaining to standards of conduct and professional etiquette to be maintained by advocates in court, with clients and towards fellow advocates. The BCI has informed that advertising or soliciting work directly or  indirectly,  by  the  advocates  are prohibited  under  Rule  36  of  BCI  Rules,  1975.  This prohibition  remains  intact,  with  the  BCI's  recent  directives  issued vide press  release  dated 08.07.2024 in the light of judgment pronounced by Hon'ble Madras High Court in WP Nos. 31281 and 31428 of 2019, reaffirming its commitment to uphold them.

(b) As per its recent press release dated 08.07.2024, the BCI outlined its directives to enforce disciplinary actions against advocates violating the prohibition which include instructing all State Bar Councils to cease and desist notice(s) to online platforms.

(c)  The  Bar  Council  of  India's  authority  to  impose  the  ban  on  lawyer  advertising  and solicitation through online platforms flows from Rule 36 of the Bar Council of India Rules, 1975 which reads as under:

"An  advocate  shall  not  solicit  work  or  advertise,  either  directly  or  indirectly,  whether  by circulars,  advertisements,  touts,  personal  communications,  interviews  not  warranted  by personal relations, furnishing or inspiring newspaper comments or producing his photographs to be published in connection with cases which he has been engaged or concerned."

This rule is designed to maintain the professional decorum and ethical standards of the legal profession. It prohibits any form of advertisement or solicitation of work, ensuring that the legal profession remains a service-oriented practice rather than a commercial enterprise.

(d) and (e): The matter falls in the domain of BCI and it has been informed that proactive steps  have  been  taken  to  enforce  the  ban  on  lawyer  for  advertising  and  soliciting  through online  platforms  by  issuing  directives  to  cease  and  desist  notices.  The  BCI  monitors compliance of these directives  in  coordination  with  the State  Bar  Councils  to  ensure  strict adherence. The  BCI  under  the  administration  of  the  Government  continues  to  focus  on enforcement of existing rules and addressing violations through its directives. Any need for new regulations or guidelines would be based on the evolving situation and the effectiveness of current enforcement measures.