Ludhiana based Advocate uses social media for publicity, loses his licence

Ramkrishan Upadhyay
Tribune News Service
Chandigarh, November 11

The disciplinary committee of the Bar Council of Punjab and Haryana has suspended the licence of an advocate based in Ludhiana after he was found guilty of using social media for his publicity.

Lawyer’s excuse for not attending hearing

Sources said the disciplinary committee issued a notice to the advocate who replied through a mail, promising that he would not use advocate’s gown and band for any video on social media in future. He stated that he had cough and cold, and could not attend the hearing as he had quarantined himself as a precautionary measure.

The Bar Council has also issued a warning to its registered advocates against resorting to unethical ways of advertising to solicit work on social media platforms such as Instagram and Facebook.

The committee took up the case suo motu after the issue came to the notice of the Bar Council.

Sources said the committee recently delivered the order after the advocate failed to appear before it and the reply sent through mail was found unsatisfactory. While suspending the licence, the committee has given another opportunity to the advocate to move an application for recalling of the order at any stage with satisfactory reasons.

The matter has been listed for further proceedings on November 18, 2020.

“We have considered the application which is contradictory in nature, rather it goes to prove that the respondent advocate has no intention to appear today or in future as well. He was given an opportunity on the last date to appear today, but he failed to avail it. Therefore, the committee has no option except to suspend his licence till further order,” says the order.

Chairman of Bar Council of Punjab and Haryana Karanjit Singh said resorting to advertisement through social media was a violation of the rules framed by the Bar Council of India.

The mandate of Rule 36 prohibits an advocate from soliciting work or advertising, directly or indirectly by any means of circular, advertise, touts, communications etc, and any such violation would be considered a misconduct under Section 35 of the Advocates Act, 1961. If any instance is complained of or comes to the notice of the Bar Council, suo motu action be taken against the advocate concerned.