Legal advertising is the advertising of lawyers (lawyers), solicitors and law firms. Contents. The Constitution of India guarantees freedom of expression and expression under Section 19 (a), the only exceptions to this freedom are in the interests of sovereignty, integrity and security of the state, friendly relations with foreign states, public order, morality or in relation to contempt of court, incitement of a crime and defamation, In the case of Tata Yellow Pasges v. MTNL, the Honorable Supreme Court held that freedom of expression and expression extends to commercial expression, that is, e.
Also, in the case of Dharamvir Singh v. Vinod Majahan, the Court held that, since the legal profession involves business proposition, advertising falls within the definition of commercial discourse. From the above analysis of the article and the cases, it can be concluded that Rule 36 of the Indian Bar Council does not meet any of the conditions specified in the constitution. In addition, it can be argued that Rule 36 violates the freedom to exercise a trade, profession or business enshrined in Article 19 (g) of the Constitution of India.
Article 19 (g) confers on each citizen the privilege to choose his own livelihood or to undertake any exchange or call, and this privilege includes the right to benefit all methods and assets, including publicity. Therefore, the prohibition of legal advertising under Rule 36 is unconstitutional and excessive in nature. If you fall into the second category, you have a lot of company. A variety of lawyers across the country believe that advertising their professional services is clumsy at best and unethical at worst.
Contrary to the belief that the Rules of Professional Conduct prohibit lawyers from engaging in advertising, legal experts have discredited it. They said the rules allow for publicity. Even if a lawyer argues a case splendidly in the Court of Justice, the newspaper can report on the subject, but the name of the lawyers in the news will be frowned upon. Therefore, when legal services are considered a market product, they will help to relax the barriers to entry that many young lawyers face in this competitive field.
If the lawyer is allowed to advertise his legal practice with the help of some means, single-shot players may also have a better chance of appointing the best lawyer and making proper use of their money. Lawyers are granted exclusion if they have already received censorship and suspension, causing the lawyer to lose their OAB registration number. Therefore, the inference would imply that if lawyers cannot limit the ad within the number of characters, lawyers should refrain from using technology. When a lawyer is invited to clarify a legal matter of general interest in public, the lawyer should avoid allusions that could be understood as personal or professional promotion, as well as engage in a sensational debate.