There are some profession which do not allow to advertise in their field for their work i.e. CA, CS, and MEDICAL PROFESSION ETC. According to them this is against the professional ethics of the person. And this will create competition in this field and people will run over the money and that will exploit these profession.
So in law field it is said “NO ADVERTISMENT POLICY FOR LAWYERS”
Bar council of India have powers to make rules and regulations for members of bar council and they have made rule which say no to advertisement for lawyers.
According to the rule 36, section IV of BCI rules– which stop Indian Advocates from advertising their services in public as according them this is against the professional ethics.
And the advocate who contravenes these rules can be prosecuted under the section 35 of The Advocates Act , 1961 – as this section mention punishment for misconduct done by Advocates. And if any advocate is found doing same then bar council have following powers-
Dismiss the compliant
Reprimand the advocates
Suspend the Advocate from practice for limited time period
Remove the advocate’s name from the state roll of advocates.
In case of BAR COUNCIL OF MAHARASTRA V. DOBHOLKAR (1976) –
In this case Justice Krishna Iyer stated that – lawyer are as a legal officers and commercial competition can bring vulgarize in the legal field. Law is not trade there should be proper ethics to be followed.
In case of TATA YELLOW PAGES V. MTNL –
In this case it was said that article 19 (1) protect our right to commercial speech and providing legal service is kind of business only.
Under the Article 19 (1) (a) of the Constitution of India. Freedom of speech and expression implies the right to express one’s thoughts and ideas freely via any medium, such as gestures, signs, verbal communication, print media, radio or television, and government can only impose restriction in unfair and misleading advertisement.
In 2008, Bar Council of India brought little leniency in the rule 36 of BCI Rules and amended in little way stating –
That the allow the Indian Advocates to advertise their legal services of their choice .
And allow them to mention their names, telephone number, E-mails IDs, and professional and education qualification on the websites of their choices.
Justice S.H KAPADIA also said they can mention their field of specialization and years of experience in legal field.
In RN Sharma Advocate v. State of Haryana in 2003 the Punjab and Haryana High Court had held that an advocate is the officer of the court and legal profession is not a trade or business, it’s a noble profession and advocates have to strive to secure justice for their clients within legally permissible limits.
Every advocate is bound to follow certain rules and he should not misuse his profession in order to make profit out of it and he have no right to exploit his client or to force someone to give him case .
We can say that law is a pious professions and all the lawyers are officers of legal field they should respect this profession with all their heart out and should maintain the pride of the black coat.
And it is not a business and the restriction imposed on this professional is constitutional and it do not violate the Article 19 (1) AND 21 OF THE INDIAN CONSTITUTION. These restriction are fair.