The Supreme Court has sought the Bar Council of India's response to a petition from Justdial.com challenging a Madras High Court order. This order directed the BCI to issue Circulars, Instructions, or Guidelines to State Bar Councils to commence disciplinary proceedings against advocates who engage in advertising and soliciting work.

The High Court had also instructed the Bar Council of India (BCI) to take necessary actions to remove advertisements placed by lawyers through online service providers or intermediaries.

The, a bench of Justices Hrishikesh Roy and SVN Bhatti has directed the BCI to assess whether these commercial activities comply with the Advocates Act.

On July 3rd, the Madras High Court emphasized that the legal profession is not a business and is not driven by profit but serves those seeking justice. The court directed the Bar Council of India (BCI) to file complaints with the competent authorities under the relevant Act against online service providers or intermediaries involved in conspiring, abetting, aiding, or inducing the unlawful publication of advertisements by lawyers, as outlined in Rule 36 of the Bar Council of India Rules.

"The object of any business is profit but the sole object of the Legal profession is Justice. Truth and Justice can never be traded," the court had remarked.

A writ petition filed "Pro Bono Publico" accused online service providers such as Quikr, Sulekha, and Justdial of professional misconduct. The platforms were alleged to permit advocates to solicit legal work in the same manner as services like plumbing, carpentry, and housekeeping. The petitioner contended that offering lawyer services online breaches the Bar Council of India Rules and constitutes misconduct under Section 35 of the Advocates' Act.

The High Court's division bench, consisting of Justice SM Subramaniam and Justice C Kumarappan, noted that the Indian legal profession is unique, with "every lawyer in our country contributing to the delivery of justice."

The court further emphasized that branding within the legal profession is harmful to society and expressed concern over some legal professionals adopting a business model. In disposing of the petition, the division bench directed the Bar Council of India (BCI) to instruct state bar councils to initiate disciplinary proceedings against advocates involved in advertising or soliciting work. This includes those directly or indirectly involved in furnishing or inspiring newspaper comments or publishing photographs related to cases they are engaged in or concerned about.