Supreme Court seeks BCI response after JustDial challenges Madras High Court order to remove lawyers' ads

The Supreme Court on Wednesday sought the Bar Council of India's (BCI) response to a plea by JustDial against a Madras High Court order directing it to take down advertisements published by lawyers [JustDial.com, Just Dial Limited v PN Vignesh and Ors.].A Bench of Justices Hrishikesh Roy and SVN Bhatti stressed the need to examine whether JustDial's commercial activities comply with the Advocates Act and BCI regulations.."You must see that your commercial activities comply with the (Advocates) Act and Bar Council of India. Let us see their response. There is a polarity," the Court said..The Madras High Court had in July directed the Bar Council of India (BCI) to issue guidelines urging State bar councils to initiate disciplinary action against lawyers who advertise or solicit work directly or indirectly through ads, messages and touts.It had directed the BCI to register complaints against online service “providers/ intermediaries,”, like Quikr, Sulekha and JustDial, who act in breach of Rule 36 of the Bar Council of India Rules.It even directed the Bar Council to remove such advertisements that have already been published by lawyers through such online service providers, and advise intermediaries to not publish such ads in future.This led to the appeal by JustDial before the apex court..Legal profession not a business: Madras High Court calls for removal of online ads by lawyers.During the hearing today, Senior Advocate Ritin Rai for JustDial urged the Court to keep the High Court order in abeyance. He contended that the platform only provides online directory services to facilitate litigants to connect with lawyers.The Court, however, questioned how JustDial was aggrieved by the order."Does it not fall under prohibited practices? How are you aggrieved?" the Court inquired.Rai informed the Court that BCI had already issued a removal notice in accordance with the High Court's order.He requested that the order to be stayed.However, the Court decided to wait for the BCI's response and accordingly issued a notice, returnable in three weeks..The Madras High Court's directions came on a plea filed by one PN Vignesh seeking action against websites that provide “online lawyer services” on their websites.The High Court had taken a dim view of "branding culture" among lawyers.It noted that the websites give ratings without any basis and that it was apparent that they were selling legal services of lawyers for a fixed price, which goes against the Bar Council of India Rules.It underscored there was no way that the profession can be treated as a business, making any advertisements or solicitation brings down the integrity of the profession.The Bar Council of India (BCI) on July 8 issued directives to state bar councils across the country and several online platforms to take down online advertisements by lawyers soliciting work, in compliance with the High Court's ruling..After Madras High Court order, BCI directs state bar councils, online platforms to remove ads of lawyers