Supreme Court seeks response from State Bar Councils on plea against advertising by lawyers through reels, videos

The Supreme Court on Tuesday sought responses from the State Bar Councils on a public interest litigation (PIL) petition flagging the rampant practice of lawyers soliciting clients through digital means/ social media platforms.

A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana issued notice to State bar councils on the PIL filed by one Anil Pandey.

The PIL alleged rampant and unchecked proliferation of digital solicitation, commercialisation of advocacy and the flagrant misuse of judicial precincts by certain members of the bar.

These actions are manifested through social media platforms and represent a systemic subversion of Advocates Act of 1961 which bars lawyers from advertising their work or soliciting clients, the petitioner submitted.

According to the plea, despite the existence of statutory safeguards, there has been an unprecedented proliferation of advocates producing promotional reels, influencer videos, monetised legal content, paid collaborations and other forms of digital publicity on social media platforms including Instagram, YouTube, Facebook and similar digital platforms.

"A substantial portion of such content is recorded within court premises, corridors, waiting halls and other judicial premises while advocates appear in full court attire," the plea said.

Such videos frequently contain contact details, claims of expertise, client testimonials, dramatic portrayals of criminal proceedings, bail matters and sensational legal commentary with the evident object of attracting prospective litigants and enhancing professional visibility, the petitioner contended.

As per the plea, such conduct is nothing but indirect solicitation and digital touting prohibited by Rule 36 of the Bar Council of India Rules.

"The prohibition against advertisement cannot be defeated merely by describing promotional content as "legal awareness", "educational videos" or "know your rights" campaigns. The true test is the substance and dominant purpose of the communication. Where the primary object is self-promotion, acquisition of clientele or enhancement of commercial visibility, the activity constitutes professional misconduct irrespective of the terminology employed," it was submitted.

The petitioner prayed that disciplinary proceedings should be initiated against lawyers indulging in direct or indirect solicitation through social media platforms, promotional reels, influencer collaborations and digital branding.

Further, it was contended that photography, videography and creation of other digital content by lawyers should be prohibited in court and tribunal premises.

Pertinently, the petition said that directions should be issued to the Bar Council of India to frame guidelines to regulate lawyers' conduct on digital platforms.