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In the impugned order High Court has said that a business is driven purely by profit motive but in law, a larger part is a service to the society
The Supreme Court has sought Bar Council of India's response to a petition filed by Justdial.com against a Madras High Court order directing 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.
High Court had also asked the BCI to initiate all appropriate actions to remove the advertisements published by lawyers through online service providers/intermediaries.
A bench of Justices Hrishikesh Roy and SVN Bhatti has now asked BCI to check if these commercial activities comply with the Advocates Act.
Madras High Court on July 3rd this year had stated that the legal profession is not a business, emphasizing that it is not profit-driven and serves all who seek justice while directing 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.
"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 had remarked.
A writ petition filed "Pro Bono Publico" had 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.
High Court's 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".
It further 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".
The division bench, therefore, while disposing of the petition had directed BCI to ask 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.
Case Title: JUSTDIAL.COM, JUST DIAL LIMITED vs. PN VIGNESH
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