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Synopsis

The Madras High Court on Wednesday stated that the legal profession is not a business, emphasizing that it is not profit-driven and serves all who seek justice. "The object of any business is profit but the sole object of the Legal profession is Justice. Truth and Justice can never be traded," the court remarked.

A writ petition filed "Pro Bono Publico" accused online service providers such as Quikr, Sulekha, and Justdial of professional misconduct. These platforms allegedly allow advocates to solicit legal work like other services such as plumbing, carpentry, and housekeeping.

The petitioner argued that offering online lawyer services violates the Bar Council of India Rules and constitutes misconduct under Section 35 of the Advocates' Act.

The division bench of Justice SM Subramaniam and Justice C Kumarappan said that the Indian legal profession is unique where "every lawyer in our country is a contributor in the process of delivery of justice".

Court said that in India, it is not for any third party to brand or rate the services of a lawyer. "Legal profession is not and can never be treated as a business, " said the court. 

Court emphasised that branding culture in the legal profession is detrimental to society and "it is agonizing that some of the legal professionals today are trying to adopt a business model".

Court  said that a business is driven purely by profit motive but in law, a larger part is a service to the society.

Though a service fee is paid to a lawyer, it is paid out of respect for their time and knowledge, court asserted.

Furthermore, court clarified that the argument that with the growing need for professional services, a business model can help in legal services' growth is not proper as the legal profession cannot be viewed with a shallow lens.

"The tools employed in the profession can be upgraded or changed based on changing circumstances, (A classic example of this is of our seamless shift from physical hearing to virtual hearing during the COVID-19 lockdown). But the spirit and character which is the Basic Structure of this profession can never be altered," court said. 

The division bench, therefore, while disposing of the petition,  directed the Bar Council of India (BCI) to issue Circulars/Instructions/Guidelines to the State Bar Councils to initiate Disciplinary proceedings for misconduct against the Advocates advertising, soliciting works directly or indirect furnishing or inspiring newspaper comments or producing his photographs to be published in connection with case where he is engaged or concerned.

Furhter, court directed the BCI to register complaints before the competent authorities under the relevant Act against online service providers/intermediaries conspiring or abetting or aiding or inducing the commission of unlawful act of publication of advertisement by lawyers as laid down under Rule 36 of the Bar Council of India Rules.

Lastly, court asked the BCI to to initiate all appropriate actions to remove the advertisements published by lawyers through online service providers/intermediaries.

Case Title: P.N.Vignesh v. The Chairman and Members of the Bar Council and Others