The legal profession has historically been regarded as a noble and disciplined calling, founded on principles of integrity, restraint, and service to justice. Advocates are officers of the court and play a vital constitutional role in the administration of justice. Their conduct, both inside and outside the courtroom, is governed by strict ethical standards framed under the Advocates Act, 1961 and the Bar Council of India Rules. However, in recent years, an alarming trend has emerged that threatens the dignity of this profession, the misuse of social media platforms by advocates for advertisement, solicitation, branding, and dissemination of misleading legal content.
A growing number of advocates are actively producing and circulating short videos and reels on platforms such as Instagram, Facebook, YouTube, and similar social media applications. These videos are often presented in a highly promotional manner, clearly intended to solicit professional work and attract clients. Such conduct amounts to direct solicitation, touting, and commercial advertisement, all of which are expressly prohibited under the Bar Council of India Rules. Advocacy is not a trade or business, and converting legal practice into a marketing exercise undermines the very foundation of the profession.
The misconduct is further aggravated by the content and presentation of these videos. Many advocates provide legally unsound advice, oversimplify complex legal procedures, distort statutory timelines, and offer unrealistic assurances that no ethical advocate can guarantee. These videos frequently contain factual inaccuracies and half-truths that mislead laypersons who lack the ability to distinguish between genuine legal guidance and promotional content. The irresponsible dissemination of such misinformation has the potential to cause serious prejudice to litigants and erode public confidence in the justice delivery system.
An especially troubling aspect of this trend is the increasing practice of advocates appearing in interviews and social media reels while wearing professional bands, coats, or court attire. The use of professional bands outside the courtroom, particularly in promotional videos and interviews, creates a false impression of authority, official endorsement, and institutional legitimacy. It conveys to the public that the advocate is speaking in an official or representative capacity, thereby lending undue credibility to the content being shared. Court attire and professional bands are symbols of respect for the judiciary and are meant to be worn strictly within the courtroom. Their misuse for personal branding and social media visibility trivializes the sanctity of the profession and amounts to an ethical violation.
The Madras High Court, in its authoritative judgment reported as 2024: MHC:2515 (WP No. 31281/2019), has categorically held that online advertisement, branding, client solicitation, rating systems, and commercial projection of legal services constitute serious professional misconduct under Section 35 of the Advocates Act. The Court observed that such online conduct spreads misinformation, misguides the public, and undermines the ethos of the legal profession. The judgment further directed all Bar Councils to take strict disciplinary action against advocates indulging in such practices and to ensure that the nobility of the profession is preserved.
Despite these binding judicial directions, several advocates continue to imitate marketing strategies used by commercial enterprises. Reels are produced with dramatic presentation, catchy captions, and courtroom attire to maximize reach and engagement. Such conduct reduces professional merit to social media popularity and destroys the level playing field among advocates who adhere to ethical standards. It also shifts the focus from competence, experience, and integrity to visibility and self-promotion, which is wholly inconsistent with the role of advocates as officers of the court.
The deliberate combination of unlawful advertisement, direct solicitation, misuse of professional symbols such as bands, and dissemination of misleading legal information establishes a clear pattern of gross professional misconduct. These actions are not isolated or accidental but are repeated and intentional attempts to commercially exploit the profession for personal gain. They tarnish the collective image of the legal community and weaken public trust in legal institutions.
If such practices are allowed to continue unchecked, the legal profession risks being perceived as no different from commercial service industries competing for customers. This would strike at the core of its constitutional and ethical foundations. Strong and effective disciplinary action by the Bar Councils is therefore essential, not only to penalize erring advocates but also to deter others from indulging in similar misconduct.
Upholding professional discipline, restraining unethical use of social media, and preserving the sanctity of court symbols such as professional bands are imperative to maintaining the dignity of the legal profession. The credibility of the justice system depends not only on judges and courts but equally on the conduct of advocates who serve as its pillars.
The Author Is An Advocate At High Court of Jammu & Kashmir And Ladakh
Views Are Personal