Can lawyers market themselves in India: Should the laws change in the post-COVID-19 pandemic world

Shetty, Vedika (2021) Can lawyers market themselves in India: Should the laws change in the post-COVID-19 pandemic world. [Working papers (or Preprints)]

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Soliciting or advertising legal practices has been considered as a taboo to the canons of ethics in this profession. The bar council of India till date maintains this strict standard. Section 49 of the Advocates Act, 1961 gives the the bar council of India the power to bring about rule and regulations to maintain the standards of professional conduct and etiquette to be observed by advocates. This paper looks into the history of this archaic argument and why was it put in place? Is protecting the consumers the absolute need? And if so does this contradict the fundamental right to freedom of speech and expression; and the constitutional right to freedom of trade and commerce guaranteed in our Indian Constitution. Credibility is akin to capital and in the legal business its everything. Traditionally, credibility is gained by working with a reputed senior advocate or you can inherit it from your parents. This is called the oligopoly of reputation. So if new law firms are not allowed to advertise does this mean they are doomed before they even start? or Can something revolutionising be done in the world of digital media? This is the harsh reality and the reason why most of the law firm start-ups fail.

Item Type: Working papers (or Preprints)
Keywords: Legal practices cannot be advertised | Section 49 | Advocates act | Marketing | Digital world | Post-COVID | Soliciting work by lawyers | Lawyers advertising
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 15 Mar 2022 06:56
Last Modified: 15 Mar 2022 07:03
Official URL:


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