The democratic policy of India is based on Rule of Law. In upholding the strong and independent judiciary and maintaining the Rule of Law under the Constitution, the Indian Parliament enacted the Advocates Act, 1961 in place of the Legal Practitioner Act, 1879 and the Bar Council’s Act, 1946. The Advocate Acts, 1961 is a gift of the legislature to the legal practitioner of our country. The Advocates Act and the Rules framed there under entrusted duties and responsibilities to the Advocates to assist the courts in the justice delivery system.
The legal profession is a noble calling and an important player in the process of dispensing justice to the masses. Public service is the primary aim of the profession and gaining a livelihood is incidental thereto.1
Law has traditionally been viewed as an agency of public service, and not a business; to the extent that a lawyer is not allowed to solicit work or advertised, directly or indirectly.
Rule 36 of the Bar Council of India Rules under Section (iv) (duty to colleagues) of Chapter II (Standards of Professional Conduct and Etiquette) of Part IV which reads as under:-
“An Advocate shall not solicit work or advertise either directly or indirectly whether by circulars, advertisements, torts, personal communications, interviews not warranted by personal relations, furnishing or inspiring newspaper comments or procuring his photograph to be published in connection with cases in which he has been engaged or concerned.”
