An advocate sent letters to 15 village sarpanchs to send cases to him. One of these letters was published in a local newspaper. Basing on this the State Bar Council suspended the advocate for professional misconduct for 4 years. The advocate challenged this as illegal. Decide.

1. Can an advocate solicits work by advertisement? NO

2. Whether the act of advocate amounts to misconduct? YES

Advocates are prohibited to advertise their services under the Advocates Act, the Rule of the Bar Council of India and other professional bodies.

Rule 36 of the Bar Council of India on Standards of Professional Conduct and Etiquette provides that an advocate shall not solicit work or advertise either directly, or indirectly whether by circular, advertisements, touts, personal communications, interviews not warranted by personal relations, furnishing newspaper comments or procuring his photograph to be published in connection with cases in which he has been engaged or concerned.

Application:

This problem is related to the 'Soliciting the work by advertisement in legal profession'. Advocates are prohibited from advertising, canvassing and soliciting work. Thus, an advocate cannot conduct his profession by way of soliciting, advertising, scrambling and other obnoxious practices, subtle or clumsy, for betterment of legal business. Law is no trade, briefs no merchandise and so the leaven of commercial competition or procurement should not vulgarize legal profession.

Bar Council of Maharashtra Vs. MV..Dabholkar etc.,AIR 1976 SC242, it has been observed that wherever there is an organized bar assisting in administering justice, that an attorney solicitor, barrister or advocate will be suspended or disbarred for soliciting legal business. The 'snatching' species of solicitation are more revolting than ambulance chasing', advertising and the like. Therefore, as a legal fraternity, must and shall live up to the second and live down the first by observance of high standards and dedication to the dynamic rule of law in a developing country.

Conclusion:

In the instant problem, an advocate cannot solicit work by advertisement or circulating the letters asking for cases. The act of advocate amounts to misconduct.