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Civil Law

Indian Lawyers Can't Advertise on Social Media

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 10-Oct-2025

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  • Advocates Act, 1961

Source : Indian Express 

Introduction 

The Karnataka State Bar Council recently sent notices to eight lawyers who refused to remove their promotional videos from social media. This came after the council gave all lawyers in the state a deadline of August 31, 2025, to delete content that looked like they were trying to attract clients. Officials were particularly concerned about lawyers making reels "in cars, under trees, and on footpaths" to drum up business. Earlier this year, bar councils in Delhi, Punjab, and Haryana issued similar warnings.  

Which Legal Provision Prohibited lawyers from Advertising ? 

  • In India, lawyers are completely prohibited from advertising their services. This rule comes from the Advocates Act of 1961, which gives the Bar Council of India the power to set professional conduct rules for all lawyers in the country. 
  • Rule 36 of the Bar Council of India Rules is crystal clear: lawyers cannot solicit work or advertise in any way, whether directly or indirectly.  
  • This includes circulars, advertisements, personal communications, newspaper comments, or even publishing photographs related to their cases. The rule covers everything from traditional advertising to modern social media promotion. 

Why there is a Strict Ban on Advertisement? 

  • The reasoning behind this prohibition is simple but powerful: law is considered a noble profession, not a regular business. The Supreme Court has reinforced this view multiple times over the decades. 
  • In the landmark case of Bar Council of Maharashtra v MV Dabholkar (1975), Justice V Krishna Iyer memorably said, "Law is no trade, briefs no merchandise, and so the leaven of commercial competition or procurement should not vulgarise the legal profession." 
  • Twenty years later, in Indian Council of Legal Aid & Advice v Bar Council of India (1995), the Supreme Court again emphasized that law is a "noble profession" with obligations to society, not just a way to make money. 
  • The core concern is that allowing advertising would turn legal practice into a purely commercial activity, eroding public trust and damaging the profession's dignity.

What were the Exception ? 

  • In 2008, after a Supreme Court challenge, lawyers were given permission to share basic information on their websites. This includes their name, contact details, qualifications, enrollment number, and areas they practice in. However, this is strictly limited to factual information—no flashy promotions or client testimonials allowed. 
  • More recently, in July 2024, the Madras High Court ruled that even online legal directories like Quikr and Sulekha violate these rules. The court stated that "branding culture in the legal profession is detrimental to society" and ordered the Bar Council of India to take action against lawyers advertising on such platforms. 

What Sparked the Current Enforcement? 

  • The recent wave of enforcement appears to have been triggered by a promotional video featuring Actor  for law firm .  
  • This caught the Bar Council of India's attention and led to a strongly worded statement in March 2025. 
  • The council condemned what it called "self-styled legal influencers" who use social media, promotional videos, and celebrity endorsements. It expressed serious concern about legal influencers spreading misinformation without proper credentials, confusing the public and burdening courts with unnecessary cases. 
  • Following this directive, state bar councils began their own crackdowns. Delhi and Punjab-Haryana issued warnings in July and August, stating that using social media to solicit work would be treated as professional misconduct, potentially leading to suspension or loss of license. 
  • Karnataka went further by setting an actual deadline for compliance, becoming the first state to take such concrete action. 

Conclusion  

As social media continues to reshape how professionals market themselves, India's legal establishment is drawing a firm line. For lawyers in India, the message is clear: your practice may be modern, but the rules remain traditional. Law remains a profession, not a product to be advertised.