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Rule 36 in Bar Council Of India Rule

This article explores the principles outlined in Rule 36 of the Bar Council of India-An advocate must not solicit work or advertise, directly or indirectly, by means of circulars, advertisements, or public communications. Their signboard or stationery must not be showy and not indicate associations, specializations, or previous posts like Judge or Advocate-General. This maintains the dignity and ethics of the profession. According to the bar council of India this rule is applied to Maintain dignity and integrity for the profession, advocates adhere to professional standards and remain above commercialization. Such provisions prohibit unfair competition in a sense that public confidence is also protected,while undue influence over the clients is discouraged. Through avoidance of self-merchandising and soliciting, advocates look into issues of competence, merit, and professionalism as criteria of equality and respect among themselves.The rule prohibiting advocates from advertising is a legacy of the colonial period when the legal profession sought to maintain a high standard of dignity and decorum. In that era, the profession was considered a noble calling, and any form of advertising was deemed unprofessional and below the stature of an advocate. This approach aimed at the selection of advocates on the basis of merit, reputation, and moral character rather than on self-promotion or commercialism. It remains the influence on contemporary legal ethics in preserving the integrity of the profession and creating public trust.

India is a nation with over a million practicing lawyers. According to estimates by the Bar Council of India, approximately 70,000 new lawyers enroll each year, with the majority being firstgeneration legal professionals. According to many studies it reveals that first generation lawyers face many difficulties in pursuing their career successfully such as family pressure,no recognition,nepotism,etc. In a developing country like India lawyers play a major role in prohibition of crimes and providing justice to an individual. According to the reports given by state bank of india in 2024 approximately 5% of the total population lies below the poverty line,and approximately 15% of the population’s annual income is less than 1.25 lacs. With this income people who are less prosperous do not prefer to claim their right to legal aid believing that legal aid in India is very expensive. Many first generation lawyers who have come into this field with the main objective is to provide service and charge a very minimal fee for the legal services.  Prohibiting advertising limits public awareness about available legal services, making it harder for people to find the right lawyer, especially in rural or underserved areas where lawyers may not be well-known. Many of the poor people are unaware of these types of lawyers,in order to showcase themselves lawyers shall be allowed to advertise themselves with certain restrictions to not influencing innocent public with ill intention. Limiting advertising can create a market that favors only established lawyers or big law firms with a prior client base, thereby rendering new or smaller firms to struggle to compete. The new advocates may not find a place in the market if they cannot advertise themselves. In this competitive world, marketing is an essential activity for professionals to establish a difference and reach out to potential clients.In contrast, in the USA, advertising by lawyers is widely accepted, ensuring that clients can easily find legal representation that fits their needs.In the USA, legal advertising is permitted but is regulated by state bar associations.These rules ensure that advertisements are truthful, not misleading, and do not misrepresent a lawyer’s qualifications or capabilities. Lawyers must adhere to these guidelines, maintaining ethical standards while still being able to promote their services. The same technique shall be used in India as well. As a country like USA developed their law also developed with new technologies hence law in india also must be developed as the rule 36 is an archaic law. The legal profession must evolve with changing societal and professional needs. Advertising thier service will also help easy communication among lawyers and clients as the clients will be crystal clear on which lawyer they need to select for the appropriate matter. Allowing advertisements with certain restrictions in the legal profession is crucial for fostering fair competition. Fair competition, therefore, will require the relaxation of some barriers to the allowing of advertisements. Advertising offers level playing fields whereby new, small, or even first-generation lawyers compete with existing legal practitioners as well as bigger law firms. Without advertising, the newcomers face difficulties in building a clientele as well as publicity.

India as already discussed above is a developing country. Use of technology must be very essential. The rule prohibiting advertisements by advocates was introduced in a much earlier era, during a time when the legal profession operated in a vastly different social and technological context. With the rapid advancement of technology and the digitalization of nearly every industry, this rule has become outdated and warrants reconsideration. Modern technology has transformed how people access information, including legal services. Clients now rely heavily on online platforms, websites, and social media to find professionals, including lawyers. Restricting advertising in this age creates barriers for legal professionals to showcase their expertise and connect with potential clients in a competitive and transparent manner. Changing this rule would align with the realities of the modern world, allowing advocates to leverage technology responsibly. With proper regulations, lawyers can ethically advertise their services, inform the public about legal rights, and increase accessibility for clients while maintaining professionalism and trust in the legal system. It is essential to adapt such rules to contemporary needs to ensure that the legal profession remains relevant and effective in a technologically driven society.

 

ADVERTISEMENT CAN ALSO BE A MEDIUM FOR SOCIAL AWARENESS

Advertising has evolved from being a mere tool for commercial promotion to a powerful instrument for creating social awareness and addressing pressing societal issues. In the legal profession, advertising holds the potential to play a pivotal role in bridging the gap between legal services and the general public. It can serve as a platform to inform and educate people about their fundamental rights, legal responsibilities, and available remedies under the law.For instance, targeted campaigns on critical issues such as domestic violence, workplace harassment, consumer rights, cybercrime, environmental protection, or discrimination can empower individuals to take proactive steps in seeking justice. These campaigns can demystify complex legal concepts, dispel

common myths about the legal process, and provide practical guidance on how to approach legal challenges.Law firms and individual advocates, through creative and ethical advertising, can highlight their services while simultaneously providing a public service. For example, they can use multimedia platforms, including television, social media, and print, to share real-life case studies, host Q&A sessions, or offer free legal tips. By doing so, they not only promote their expertise but also contribute to societal betterment by creating a more informed citizenry.

In conclusion, as the world continues to change and progress, the legal profession must also adapt to keep up with the rapid advancements in technology. The old rule that prohibits lawyers from advertising, created in a different era, no longer fits the needs of today’s digital and connected world. Technology has become a powerful tool that can help lawyers connect with more people, spread awareness about legal rights, and increase transparency in their work.By using digital platforms like social media, websites, and online directories, lawyers can ethically share information about their services, educate the public about the law, and build trust with potential clients. These tools make it easier for people to find the right lawyer, especially in rural or underserved areas where legal help may not be easily accessible. At the same time, regulated advertising practices can ensure that lawyers promote their services in an honest and ethical way, without misleading or exploiting anyone.Allowing technology to play a bigger role in the legal field can also help new lawyers, especially those who are first-generation professionals, to compete fairly with established firms. It creates a level playing field where competence, professionalism, and ethical standards matter the most. Technology can be a bridge that connects legal services with those who need them, making justice more accessible to everyone.As development and progress are driven by innovation, it’s time for the legal profession to embrace these changes. By responsibly using technology and introducing new rules that allow advertising with proper restrictions, the legal system in India can become more modern, fair, and efficient. The goal is to create a future where justice is not only served but is also easy to access for every individual, regardless of their background or location. 


SUGGESTION

An alternate law to replace Rule 36 of the Bar Council of India could permit lawyers to advertise their services under strict regulations to ensure ethical standards are maintained. For instance, lawyers could be allowed to share information about their areas of practice, qualifications, and achievements on digital platforms, websites, or social media, provided the advertisements are truthful, non-misleading, and do not make unverified claims or comparisons. Additionally, the law could prohibit sensationalized content or promises of guaranteed outcomes, ensuring that the focus remains on transparency and professionalism. This balanced approach would modernize the legal profession, promote fair competition, and increase public awareness of available legal services, while safeguarding the dignity and trust inherent in the field.