THE ADVOCATES ACT, 1961

Nov. 2, 2019

In a public notice last week, the Bar Council of Delhi said errant lawyers contravening Bar Council rules would be prosecuted under the provisions of The Advocates Act, 1961.

About:

  • Last week, the Bar Council of Delhi in a public notice said that it had issued notices of misconduct to lawyers found publishing advertisements on social media, including on Facebook and WhatsApp.

  • The notice also said that errant lawyers contravening Bar Council rules would be prosecuted under the provisions of The Advocates Act, 1961.

  • Rules in India do not allow advocates to publicise their services.

  • Subsection 1(c) of Section 49 of The Advocates Act, 1961 (‘General power of the Bar Council of India to make rules’) empowers the Bar Council of India to make Rules on ‘the standard of professional conduct and etiquette to be observed by advocates’.

  • An advocate who contravenes these Rules can be prosecuted under Section 35 of The Advocates Act, 1961. Under it, a state Bar Council can dismiss the complaint, reprimand the advocate, suspend the advocate from practice for a limited period, remove the advocate’s name from the state roll of advocates.