DSK Legal Ad Controversy Leads to BCI action

DSK legal advertisement controversy
 

1. DSK Legal released an Instagram ad featuring actor Rahul Bose.
2. Ad showed Bose signing documents without proofreading, endorsing the firm's trustworthiness.
3. The advertisement led to backlash due to violation of Rule 36 of the Bar Council of India (BCI), which bans advertising by lawyers.

• BCI is a statutory body under the Advocates Act, 1961, setting conduct rules for lawyers.

BCI disciplinary action

1. BCI sent DSK Legal a show-cause notice to take down the video and respond within 10 days.
2. BCI reminded that advertising on platforms like Just Dial or Quikr is forbidden.
3. Lawyers are also restricted from public appearances and content marketing on social media.
4. BCI highlighted misuse of social media by 'legal influencers' spreading misinformation.
    

Ban on advertisement by lawyers and law firm
 

1. Lawyers cannot use actors or influencers to promote services.
2. Advertising rules protect the noble image of legal services and prevent commodification.
3. Contrasts with U.S. where legal advertising is common.
4. Similar bans exist for other professions like doctors and architects.
5. Social media complicates enforcement of these pre-internet rules.
6. Lawyers, architects, doctors use social media to reach potential clients.
    

Rule 36 of Bar council of India
 

1. Rule 36 details that lawyers cannot use advertisements, circulars, personal communications, or media features to solicit work.
2. This rule aims to keep the legal profession service-oriented and not commercial.
3. The BCI, with State Bar Councils, monitors and enforces these rules strictly.
4. Violations of Rule 36 can lead to suspension, Bar enrolment cancellation, or contempt of court.
5. Social media platforms hosting non-compliant content can face liabilities under the IT Act, 2000.
6. BCI demands these platforms to remove misleading legal content swiftly.

Advertising in the legal profession must be conducted with a high degree of ethical responsibility, prioritizing truthfulness, professionalism, and respect for legal and regulatory boundaries. Lawyers must carefully balance effective marketing with ethical constraints to protect potential clients and uphold the integrity of the legal system.
 

UPSC PYQ 2022 related to Bar council
 

With reference to India, consider the following statements:
 

1. Government law officers and legal firms are recognized as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.
2. Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges. Which of the statements given above is/are correct?
    

Select the correct answer from code below
 

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2
    

ANS B

SOLUTION
 

Statement 1 is incorrect
 

1. In India, the term "advocate" is defined under the Advocates Act, 1961.
2. A person is recognized as an advocate if their name is on the roll of any State Bar Council.
3. Advocates are allowed to practice before any court in India.
4. Corporate lawyers can be recognized as advocates if they have the required qualifications and are registered with a State Bar Council.
5. Patent attorneys, also called patent agents, can also be recognized as advocates.
6. Patent agents must pass the qualifying exam conducted by the Indian Patent Office.
7. They must also meet the educational and professional standards set by the Bar Council of India.
8. Therefore, corporate lawyers and patent attorneys are not excluded from recognition as advocates if they are properly qualified and registered.
    

Statement 2 is correct
 

BCI Educational roles:
 

1. Promoting legal education and setting educational standards.
2. Recognizing universities whose law degrees qualify for advocate enrollment.
3. Organizing legal seminars, publishing journals, and supporting legal research