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Corrupting Nobility Lawers'Right To Advertise

LawZ Magazine

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September 2017

Corrupting Nobility Lawers'Right To Advertise.

Corrupting Nobility Lawers'Right To Advertise

The ban on lawyers to advertise for their services has been subject matter of extensive discussion. The debate has been further spruced up recently with the entire issue of GATS coming into force and the possibility of foreign lawyers setting afoot the Indian soil. Lawyers in India are governed by bar council codes and legislation such as the Advocates Act 1961. Under the current law in force the Bar Council of India is to lay down standards of professional conduct and etiquette under Section 7(b) of the Advocates Act 1961. It is in furtherance of this provision that the Bar Council Code of Conduct bars advocates from commercial advertising. The weightiest rationale given for this legislative step is on account of the nature of the legal profession. Lawyers are officers of the court, entrusted with the noble duty of assisting courts of law to meet the ends of justice. Indeed, this is the premier and foremost responsibility of a lawyer. However trouble arises when it is argued that a right to advertise might in some way corrupt the sanctity and nobility of the legal profession. Advertising is essentially a technique of providing an array of choices to consumers, and thereby assisting them in making the right economic choices. Simply stated, advertising is merely an information providing tool essential in enjoyment of the “right to choose”. Cliché, but true, in the age of globalization and liberalization the consumer is faced with innumerable choices while purchasing any good. A more recent facet of the growing economies, market trends and the shrinking global village is the rise in number of choices and variety available in availing services. So much so that with the commencement of the WTO regime, specific and distinct rules under the General Agreement on Trade in Services have been formulated to control and regulate the movement of services, just as had been done for goods. Therefore with the coming of this age, and international tra

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