The move by the Bar Council of India (BCI) to allow lawyers to launch web sites with the approval of the respective State Bar Councils have evoked mixed reaction from the members of the Trivandrum Bar Association.
The amended rules of professional conduct and ethics will permit lawyers to provide information on their address, standing, speciality and qualification on the web sites. The web sites in turn would be scrutinised and verified by the BCI and the State Council, which will have the right to take punitive action against the erring lawyers either on the basis of complaints or suo motu by the BCI.
“The decision prima facie appears to be a welcome move,” said Cherinniyur P. Sasidharan Nair, lawyer. “In this age of specialisation it is imperative that a litigant gets necessary information regarding the standing and credibility of the lawyer they are engaging. But there should also be a regular monitoring mechanism in the form of bar council to prevent lawyers from using the facility to exploit the client community through advertisments,” said Mr. Sasidharan Nair.
“A good lawyer gains reputation among the litigants through practise and not by marketing himself through web sites,” said Dani J. Paul, lawyer. “The move will benefit only high-end lawyers. People with money and resources will always be in a better position to market themselves. This will lead to an unhealthy competition among lawyers,” he said.
But then there are lawyers like Sasthamangalam Ajith and Clarance Miranda who believe that launching web sites could actually make the legal profession “more transparent and accessible”. They argue that a system of personal web sites and brochures were already in vogue in most of the European countries.
“Personal web sites will help litigants to identify a good lawyer from the bad. The doors of justice will become more accessible to the clients. It will make the public aware about the area a lawyer is specialising in and his professional competency. This will eventually eliminate quacks, touts and middlemen,” said Mr. Ajith.
“The advantages of the move far outweigh the disadvantages,” he said. “In this age of consumer sovereignty, the facility will enable clients to receive the best legal service at competitive cost. Moreover, it will also enable the bar council to rein in unprofessional practices,” said Mr. Ajith.
According to Mr. Miranda, the right to choose a lawyer of his/her choice was a principle within the meaning of the Article 22 of the Constitution. Also under Section 303 of the Criminal Procedure Code of 1973, an accused person had the right to be defended by a pleader of his/her choice.
“For this the public will have to know what an lawyer is specialising in and the proficiency in the respective area. Only then will a litigant be able to entrust him with a case,” said Mr. Miranda.
http://www.hindu.com/2007/11/28/stories/2007112853910500.htm