SC: Notice issued to Bar Council of India on plea to allow advocates to advertise and take up other works

SC: Notice issued to Bar Council of India on plea to allow advocates to advertise and take up other works.

Notice was issued to the Bar Council of India by the Supreme Court bench comprising of Justice SA Bobde, N. Subhash Reddy and AS Bopanna in a plea seeking permission to allow the advocates to advertise and take up other works until March 2021.

Background

Plea was filed before the Supreme Court seeking issuance of directions to the Bar Council of India to permit lawyers to advertise till March 2021; allow public listings so that other para-legal work can be taken up by them to earn their livelihood.

The advocates who are from the middle and lower-middle-class are worst affected by the pandemic and it has become difficult for them to sustain and hence, the need to allow alternative means of sustenance.

What does Provisions of Advocates Act, 1961 states?

Provision for the punishment of advocates for misconduct is given under Section 35 of the Advocates Act, 1961. There does not exist any exhaustive definition as to what comprises professional misconduct, both in the Advocates Act, 1961 as well as Indian Bar Council.

However, punishment is prescribed when the credibility and reputation of the profession is affected by acts of any member of the profession. One of the many instances is when a lawyer who has a license to practice from the bar council takes up any job and business other than the practice.

In light of the uncertain situations that advocates in India are facing due to Covid-19, the petitioner prayed before the Court to allow some relaxations in these rules until March 2021.

Concerns raised in a plea regarding the mental health of advocates

The tragic incident was cited of a lawyer (35 years old) who took his own life, and other lawyers who are unable to sustain themselves and provide adequate medical facilities to their families. It was also added that a one-time grant and similar such schemes may not be fruitful in alleviating the plight of many lawyers who are financially strained.

Suggestions mentioned in the plea with respect to the issue

• Issue a clarification as regards a practicing lawyer’s position as a “sleeping partner” or “sleeping director” in an organization and effectively clarify Chapter III Rule 2 of the Bar Council Rules so that advocates may be employed as legal advisors on a retainer basis.
• A circular to be issued permitting advocates to advertise and use Whatsapp to solicit chamber work like income tax assistance, GST assistance, registration of societies, trusts including assistance in online filing of cases.
• To permit advocates to take up alternative sources of livelihood and income to sustain themselves, and an undertaking that same shall not be continued after March 2021.

The Supreme Court has fixed the hearing after two weeks and has issued notice to the Bar Council of India