The Supreme Court of India has taken a significant step on Tuesday by seeking responses from State Bar Councils regarding a public interest litigation (PIL) that raises concerns about lawyers using digital and social media channels for client solicitation. This inquiry was initiated by a Bench comprising Chief Justice of India (CJI) Surya Kant, along with Justices Joymalya Bagchi and V Mohana, who issued notices to the respective State Bar Councils based on a PIL filed by Anil Pandey.
The PIL highlights the widespread and unchecked practice of legal professionals engaging in digital solicitation and the commercialization of legal services. It also points to the misuse of judicial premises by certain lawyers, who allegedly promote themselves on various social media platforms, thereby subverting the provisions of the Advocates Act of 1961. This Act explicitly prohibits lawyers from advertising their services or soliciting clients.
The petitioner outlined that despite existing legal safeguards, there has been a surge in lawyers creating promotional content, such as reels, influencer videos, monetized legal content, and paid collaborations, on platforms like Instagram, YouTube, and Facebook. A significant portion of this content is reportedly created within court premises, including corridors and waiting areas, with lawyers in full court attire.
The PIL argues that such videos often include lawyers’ contact details, claims of expertise, client testimonials, dramatizations of legal proceedings, and sensational legal commentary. These actions, according to the petitioner, aim to attract potential clients and increase professional visibility, thus violating Rule 36 of the Bar Council of India Rules which prohibits advertisement by lawyers.
The petitioner asserts that the prohibition on advertising cannot be circumvented by labeling promotional content as ‘legal awareness’, ‘educational videos’, or ‘know your rights’ campaigns. The key test lies in the substance and primary purpose of the communication. If the main objective is self-promotion, client acquisition, or enhancement of commercial visibility, it constitutes professional misconduct, regardless of the terminology used.
More Read
The plea urges that disciplinary actions be taken against lawyers engaging in direct or indirect solicitation through social media, influencer partnerships, and digital branding. Additionally, it calls for a ban on photography, videography, and other digital content creation by lawyers within court and tribunal premises.
Importantly, the petition seeks directives for the Bar Council of India to establish guidelines for regulating lawyers’ conduct on digital platforms, ensuring the integrity and professionalism of the legal field are maintained.
