Lawyers in India are not allowed to advertise their services — a rule that many now believe is outdated and unfair. This issue came into the spotlight again when the Bar Council of India (BCI) recently issued a notice to the law firm DSK Legal for running a promotional video online featuring actor Rahul Bose.
In the ad, Bose is seen rejecting a document from some people and saying he won’t sign without reviewing it. But when given a paper by a DSK staff member, he signs it happily, saying, “Guys, it’s been 20 years,” suggesting his complete trust in the firm. The video ends with a voiceover:
“At DSK Legal, trust is more than a value…”
The BCI wasn’t pleased. It told DSK Legal to take down the ad and asked the firm to explain why it shouldn’t face disciplinary action. The BCI referred to its March 17 press release, which criticized the use of celebrities to promote legal services. It reminded lawyers that the profession is supposed to maintain public trust and high ethical standards, not behave like a commercial business.
Rule 36: The Source of the Ban
The rule that bans such advertising is Rule 36 of the BCI Rules. It says lawyers cannot “solicit work or advertise”, directly or indirectly. This includes ads, interviews, personal messages, or even using touts (middlemen). This rule goes back to colonial times when legal professionals were expected to stay away from self-promotion.
While a small change was made in 2008 allowing lawyers to list some basic information online, the rule is still interpreted very strictly. In 2023, the Madras High Court even told the Tamil Nadu Bar Council to act tough against websites and advocates advertising on platforms like Just Dial, Sulekha, and Quikr.
Is It Time for Change?
Many argue that the ban is no longer practical. In today’s world, legal consumers include sophisticated clients like businesses, investors, and high-net-worth individuals (HNIs), who expect to be able to research and compare legal services. Banning all forms of advertising may actually hurt the profession, they say.
What Other Countries Do
India’s ban is not common worldwide. In the UK, for example, lawyers can advertise freely — as long as the claims are truthful and not misleading. Since 1986, the UK has allowed even comparative advertising, and the rules are updated to reflect modern needs.
In the United States, the rules are even more open. And countries like Germany, Japan, Singapore, and China also allow lawyer advertising, as long as professional standards are followed.
UK barristers, once known for staying away from publicity, can now promote their fees, services, and expertise online, as long as it doesn’t mislead the public.
While it is important to have safeguards to ensure the public is not misled, critics say a total ban on advertisements doesn’t help anyone. Many believe it’s time for India to rethink Rule 36 and allow lawyers to promote their work—just like professionals in most other industries.