BCI’s Firm Stance on Ethical Legal Practice

 

BCI’s Firm Stance on Ethical Legal Practice: A Call for Integrity and Professionalism
By Abhishek Jat, Advocate

The Bar Council of India (BCI), the apex regulatory body governing the legal profession in India, has recently taken a firm and unequivocal stance against the growing trend of unethical advertising, misinformation, and the commercialization of legal practice. In a press release dated 17th March 2025, the BCI has issued a stringent warning to legal professionals, emphasizing the need to uphold the dignity, integrity, and ethical standards of the legal profession. This move comes in response to the increasing prevalence of advocates and legal influencers using social media, promotional videos, and celebrity endorsements to advertise their services, a practice that blatantly violates Rule 36 of the Bar Council of India Rules. The BCI has made it clear that the legal profession is not a commercial enterprise but a noble service rooted in justice, fairness, and public trust. The council’s directives are aimed at curbing practices that erode the sanctity of the profession and mislead the public.

The BCI’s press release draws heavily on the landmark judgment of the Madras High Court dated 3rd July 2024, which categorically emphasized that advocacy is a service-oriented profession driven by societal welfare rather than commercial motives. The court’s ruling highlighted the detrimental impact of promotional activities, particularly through online platforms, on the ethical standards and professional integrity of the legal community. In line with this judgment, the BCI has reiterated its commitment to enforcing ethical practices across the profession. The council has also referenced the Supreme Court’s judgment in A.K. Balaji v. Union of India (2018), which reaffirmed the BCI’s broad regulatory authority. The judgment clarified that any individual, firm, or entity engaged in the practice of law, regardless of its nomenclature, falls under the purview of the Advocates Act, 1961, and is subject to the BCI’s jurisdiction. This reaffirmation strengthens the BCI’s mandate to regulate and enforce ethical standards universally within the legal profession.

One of the primary concerns addressed by the BCI is the unethical advertising of legal services through social media, promotional videos, and influencer endorsements. The council has expressed serious disapproval of advocates using Bollywood actors, celebrities, and digital media platforms to promote their services, a practice that clearly violates Rule 36 of the Bar Council of India Rules. This rule explicitly prohibits advocates from soliciting work or advertising their services, whether directly or indirectly. The BCI has also raised concerns about advocates leveraging religious, cultural, or public events for self-promotion through banners, stalls, and digital advertisements. Such practices, the council argues, constitute unethical canvassing and infringe upon the dignity and ethical standards of the legal profession. The BCI has made it clear that lawyers must focus on their duty to serve justice and society, refraining entirely from commercializing their roles or services through distasteful or misleading advertisements.

In addition to unethical advertising, the BCI has expressed serious concerns about the rise of self-styled legal influencers who, without proper credentials, disseminate misleading information on critical legal issues. These influencers often provide incorrect or misleading interpretations of landmark judgments, such as those related to the Citizenship Amendment Act (CAA), the Right to Privacy ruling in Justice K.S. Puttaswamy (Retd.) v. Union of India, and GST regulations. The spread of such misinformation has led to widespread confusion, misguided legal decisions, and undue judicial burden. The BCI has underscored the importance of ensuring that only qualified and enrolled advocates provide legal guidance, and it has mandated the immediate cessation of misleading and unauthorized legal advice by non-enrolled individuals.

To address these ethical breaches, the BCI has issued a series of stringent directives. Advocates are strictly prohibited from using Bollywood actors, celebrities, or influencers to promote their legal services, and all forms of advertising, including banners, stalls, and digital promotions, must be immediately withdrawn. The council has also mandated that digital platforms such as Quikr, Sulekha, Just Dial, and Grotal, which facilitate the promotion of legal services, will no longer be protected under the safe harbour provisions of Section 79 of the Information Technology Act, 2000. These platforms are required to establish robust vetting mechanisms to ensure the accuracy of legal content and promptly remove misleading information. The BCI has warned that any deviation from these mandates will result in severe disciplinary actions, including suspension or cancellation of enrollment, contempt proceedings, and formal complaints to digital platforms for the removal of unethical content.

The BCI’s press release serves as a clarion call to all legal practitioners and digital platforms to uphold the highest standards of ethical integrity and professionalism. The council has urged advocates to refrain from commercializing their roles and to focus on their duty to serve justice and society. In an era dominated by digital media, the BCI’s directives are a timely reminder of the importance of maintaining the sanctity of the legal profession. By adhering to these guidelines, legal professionals can ensure that the noble essence of advocacy remains untarnished. The Bar Council of India remains steadfast in its mission to safeguard the dignity and integrity of the legal community, and it is the collective responsibility of all advocates to uphold these values and ensure that the profession continues to be a beacon of justice and trust in society.