Mint Primer: Better Not Call Saul: Lawyers are in a fix over ads

What got DSK Legal into trouble?

Earlier this month, law firm DSK Legal released an advertisement on Instagram marketing its services and featuring the actor Rahul Bose. In the advertisement, which has now been removed from the platform, Bose is seen signing documents prepared by DSK Legal without even proofreading them, meant to be an endorsement of how trustworthy the firm is. But the ad caused a backlash as lawyers pointed out that Rule 36 of the Bar Council of India (BCI) bans the legal fraternity from advertising their services.

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The BCI is a statutory body set up under the Advocates Act, 1961. It frames rules of conduct for all licensed lawyers in the country and has the legal authority to enforce them and hand out punishments for violations. It also advocates for lawyers’ professional interests.

How did the Bar Council of India react?

The BCI sent a show-cause notice to DSK Legal, asking it to take down the video and respond to the notice within 10 days. The council also issued a press release reminding advocates and law firms that the rules forbid them from soliciting work through advertising, on even online platforms such as Just Dial or Quikr. The BCI also said lawyers must not make public appearances at religious, cultural and other public events, indulge in content marketing on social media, or run digital ads. The council added that so-called ‘legal influencers’ were spreading misinformation on important laws such as the goods and services tax and Citizenship (Amendment) Act, and expressly forbade lawyers from using “Bollywood actors” and “influencers” to promote their services.

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What action can errant lawyers face?

Lawyers and law firms violating Rule 36 can be suspended from practising law, have their enrolment in the Bar cancelled, and can even face contempt of court proceedings. Besides, the social media platforms that these lawyers ‘misuse’ can also be held liable under Section 79 of the Information Technology Act, 2000. In its press release, the BCI asked these platforms to vet all legal content and remove misinformation as quickly as possible.

But why can’t lawyers advertise?

The Council framed these rules to protect the “noble service” of lawyers and ensure it is not commodified by advertising. This is unlike other market where lawyers can run ads, such as the US, best exemplified by the OTT drama Better Call Saul. Other statutory professional councils also ban ads. The Medical Council of India bans doctors from directly advertising themselves or their services. The Council of Architecture prescribes elaborate rules on how architects can advertise themselves and their firms, including the font size they can use for their name.

Also read | How influencers can stay out of legal trouble

How has social media affected these rules?

It has made it harder to enforce rules on advertising. Most of these rules were framed in the pre-internet era and do not reflect the changing marketing landscape. Lawyers, architects, doctors, and others tap content on YouTube and Instagram to reach potential customers and circumvent these archaic rules. Many also argue that the blanket ban on ads seems out of touch with reality. In 2022, the Council of Architecture drew widespread criticism for warning architects and firms against promoting their work on social media. New-age architects often use Reels to promote projects.

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