Karnataka State Bar Council Issues Notice To 8 Lawyers For Not Removing Social Media Content Aimed At 'Soliciting Work'

The Karnataka State Bar Council recently issued show cause notices to eight advocates for not removing videos and content posted on social media allegedly aimed at giving unsolicited legal advice and soliciting work.

The notice sent to the advocates through WhatsApp states,

“You are hereby called upon to show cause within Fifteen ( 15) days of receipt of this notice'as to why disciplinary proceedings under Section 35 of the Advocates Act, 1961 should not be initiated against you, which may extend to suspension or even removal of your name from the State Roll of Advocates.”

It adds “Failure to submit a satisfactory explanation within the stipulated period will result in this Council proceeding with appropriate action under the Advocates Act, without any further notice.”

The notices also refer to resolution passed by the Karnataka State Bar Council on August 15 stipulating a time frame up to August 31 for all advocates to remove videos, reels, or other promotional content uploaded on social media platforms, which are unsolicited legal advice aimed at solicitation of work against the nobility of the profession.

It says, “It is observed that despite the said notification, you have not removed the social media content in question. The content of your videos are clearly aimed at unsolicited legal advice aimed at soliciting work. Such noncompliance amounts to a deliberate violation of the directive of this Council and undermines the professional dignity of the Bar.”

The notices further state that the Bar Council of India Rules prohibits an advocate from soliciting work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interviews not warranted by personal relations, furnishing or inspiring newspaper comments or producing his/her photographs to be published in connection with cases in which he/she has been engaged or concerned.

It further states that Madras High Court and the Delhi High Court have categorically held that advocates must not misuse social media platforms, including creating reels, promotional content, advertisements, or any other similar activities, for soliciting clients, as such conduct amounts to professional misconduct and undermines the dignity of the profession.

It adds, that the Bar Council of India, through its circulars and advisories, has also cautioned against these practices, reiterating that such activities cannot be permitted in the noble legal profession.

The Council is likely to issue more show cause notices to other advocates if messages allegedly posted online are not deleted.