Permit Advocates to Advertise for Limited Purpose, Plea Filed in Supreme Court Seeking Urgent Directions to Bar Councils
(Judicial Quest News Network)
The unprecedented outbreak of the COVID-19 last year has devastated many people as well as professions, legal fraternity have also been suffered heavily under this pandemic since last one year.
High lighting the grievances of the legal fraternity and sufferings due to lack of work during the pandemic a plea was filed before Supreme Court last years seeking directions to the Bar Councils of India and other Bar Councils to allow Advocates to advertise for the limited purpose in some services.
An application has been filed in this regard stating that the Advocates are facing serious hardships of earning a livelihood during the Lockdown and almost all Courts are closed. The Lockdown seems to be never ending/ uncertain in time.
The restrictions of the Bar Council of India are ambiguous and to say the least the Bar Councils’ action up till now in support of the Advocates is not much. Therefore, in order to provide assistance to Advocates in the four corners of law, this matter must, must and must enjoy precedence in terms of hearing.
The Judicial Members too were Lawyers at one time. Due to Covid 19 many senior lawyers have expired. Their children too, in many cases, are lawyers, even they need money to survive. Some lawyers have committed suicide. The law profession faces unreasonable competition from the unqualified/improperly qualified people in a number of non-litigations works, as they freely advertise.
The restrictions in advertisements by the BCI are ambiguous, many State Bar Council Members are listed with websites and platforms like Just Dial and on the other hand there prevails an ambiguity about advertisements, these provisions, in line with other countries, must be given liberal interpretation. In times of Covid 19 lockdown, this is a must. It can provide some relief to lawyers.
It must be noted that is both the Bar and the Bench which constitutes the Judicial Administration of Justice. The Courts must step in to save the needy advocates.
In this matter notice was issued on 14.07.2020 to the respective Bar Councils but till date neither any reply is filed nor is any response received. the lockdown phase 2 of the country has begun. Physical hearings and almost all the courts are shut except urgent matters. Therefore, in order to provide some relief, little as it may be, this application is moved in urgency.
The plea had sought directions to allow public listings so that other para-legal work could be taken up by lawyers to earn their livelihood in light of the pandemic situation and have alternative means of sustenance.
Earlier a bench of former Chief Justice SA Bobde, N.Subhash Reddy & AS Bopanna had on July 14th issued notice to the Bar Council of India.
The Application has been filed by Advocate Charanjeet Chanderpal, Senior standing council to Central Board of Direct Taxes in his already pending plea before the Apex Court.
Last year he had filed a plea seeking directions to all the Bar Councils of India to permit use of advertisement for lawyers till March 2021.
The Bar Councils have not filed their replies. Be that it may, it has been observed that the Advocates suffer a great competition from the unorganised sectors like graduates, consultant, touts etc as well as from Chartered Accountant and Company Secretaries.
The Applicant has stated that several other unorganised sectors like consultations, CA’s etc provide a tough competition to advocates as they advertise on media while Bar Council Rules prohibit lawyers from doing so.
It is further submitted that the advertisement in the following sectors, where if permission is granted, it would in no way lower the prestige of the profession, and society would be at benefit.
It may be noted that the segments pointed out in the para. 4 advertise in the following areas of service:
a. Tax Consultancy
b. PAN Card, GST registration, return filing work, etc
c. Online Registration of various entities and online legal formalities like filing of statutory forms.
d. Property Documentation
e. Conveyance
f. Company formation, minute book writing, etc.
g. Loan appraisal and approval
h. Credit Rating
i. Passport and Immigration Service
j. Other online services
k. Co Operative society management.
l. Deeds and documentation.
The Applicant submitted that a lot of work is being siphoned away in these above-mentioned sectors from lawyers to others who are incompetent to provide these services.
It is urged that if the permission is granted to advertise the common citizen of the country would be able to get professional services from properly qualified persons.
This is a peculiar kind of inequality and definitely in times of lockdown of courts, even otherwise, gives unjustified competition to lawyers who can act as attorneys.
It is again repeated that these are not Court Appearance works, where professional prestige or privilege matters. Large sized CA firms have set up consultancies and as it is advertising.
For e.g Joint Venture documentation or Memorandum of Understanding drafting, this can be done by lawyers. Therefore, it is very much necessary that for selected areas, as mentioned supra, advertisements should be permitted. This is in line with practices followed by many other countries too.
