Bar Council of Goa and Maharashtra warns Advocates against soliciting work through Newspaper, WhatsApp Advertisements

Following a resolution passed recently, the Bar Council of Maharashtra and Goa has cautioned advocates against soliciting work through advertisements in newspapers and WhatsApp. A letter issued last week further warns lawyers of immediate action in case there are any violations brought to notice..“In the event of notice of such type of advertisement made by Advocates, immediate action shall be taken by the State Bar Council regarding misconduct.”.The letter written by State Bar Council Secretary to Bar Associations across Maharashtra and Goa highlights that as per the Bar Council of India (BCI) rules, such advertisements are strictly prohibited. The letter also notes that the Punjab & Haryana Bar Council had earlier considered similar subject and passed allied directions. In view of the same, the letter states,.“Thus all Advocates in the State of Maharashtra and Goa are hereby prohibited from making any kind of advertisement in this regard.”.In this regard, Rule 36 Section IV part VI of Chapter II of the BCI rules is cited, which prohibits advertisements by advocates. It states,.“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 in which he has been engaged or concerned. His sign-board or name plate should be of a reasonable size. The sign-board or name plate or stationery should not indicate that he is or has been President or Member of a Bar Council or of any Association or that he has been associated with any person or organisation or with any particular cause or matter or that he specialises in any particular type or worker or that he has been a Judge or an Advocate General.”.This provision is part of the BCI’s standards of Professional Conduct and Etiquettes Rules framed under Section 49 of Advocates Act, 1961. Section 49 (1) (c) of the Advocates Act, 1961 empowers the Bar Council of India to make rules for the same..[Read Letter dated September 21, 2019]