Lawyer Solicitation Through Online Platforms: In a landmark judgment passed on July 3rd, 2024, the Madras High Court took a strong stance against lawyers soliciting work through online service providers. The court emphasized that the legal profession is not a business driven by profit, but rather a service to society. The verdict comes in response to a petition filed against websites like Quikr, Sulekha, and Justdial, which offered online lawyer services. Madras High Court Cracks Down on Lawyer Solicitation Through Online Platforms Unethical Solicitation and Violation of Rules: The court, presided over by Justice SM Subramaniam and Justice C Kumarappan, highlighted that such practices violate the Bar Council of India (BCI) Rules. These rules strictly prohibit lawyers from advertising or soliciting work directly or indirectly, including actions like furnishing newspaper comments or publishing photographs related to cases. The bench pointed out the fundamental difference between the legal profession and other professions. Legal services are not a “job” or a “business,” but rather a means to provide social welfare. While lawyers do receive fees, these fees are a token of respect for their knowledge and time invested in a case. Dignity and Integrity at Stake on Lawyer Solicitation Through Online Platforms : The court expressed concern about the growing trend of “business models” within the legal profession. Practices like lawyer rankings and customer ratings were deemed detrimental to the dignity and integrity expected from legal professionals. Justice Subramaniam stated, “It is agonising that some legal professionals today are trying to adopt […]
News Tags: Legal Profession
The Bar Council of India (BCI) issued a press release to clarify its recently published gazette notification regarding the entry of foreign lawyers and law firms in India. The BCI clarified that Non-native legal practitioners and law firms could only offer legal advice and services on foreign and international laws to foreign clients. They cannot appear in any court, tribunal, board, or regulatory authority that can take evidence on oath. Furthermore, overseas counsel can practice only in non-litigation areas. Additionally, their entry into India will be reciprocal. Scope of Work for Foreign Lawyers in India The BCI Rules for Registration and Regulation of International attorneys and Foreign Law Firms in India, 2022, enable international lawyers and arbitration practitioners to advise clients in India on foreign and international law. However, there was confusion surrounding the scope of work that foreign lawyers can do, prompting the BCI to issue the clarification press release. Furthermore, overseas counsel can practice only in non-litigation areas. Additionally, their entry into India will be reciprocal. BCI Rules Encourage India as a Venue for International Commercial Arbitration The BCI believes these rules will encourage multinational corporations and foreign commercial entities. Consequently, India will be promoted as a hub for international commercial arbitration. Moreover, the Supreme Court of India instructed the BCI and the Government of India. This case dates back to March 13, 2018. The BCI highlighted that the implementation of the new regulations would not have any effect on Indian lawyers. Furthermore, it clarified that the new […]
