Lawyers seek clarity from BCI on advertising abroad

The Indian National Association of Legal Professionals (INALP) has written to the Bar Council of India (BCI) seeking clarity on whether lawyers and law firms based in India are allowed to advertise their services abroad.

This comes after the BCI amended its rules to allow foreign lawyers and law firms to handle all international arbitration cases in India within restricted parameters.

In a letter dated 14 May, INALP put forward its concerns to the BCI stating that while Indian lawyers are not allowed to advertise their work withing the country under existing rules, there was ambiguity on whether they can do so in other countries.

“The regulation of branding and ethical conduct must be approached with greater nuance. Since many foreign jurisdictions permit law firm marketing and branding, it remains unclear whether foreign lawyers can promote their India-related work in their home countries. This needs clarification to ensure transparency and ethical parity,” INALP said in its letter.

Statement by INALP on the BCI [Amended] Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms, 2022 announced on May 13, 2025 – https://t.co/gIhcT2a3WR
Full statement here and below – https://t.co/pYqiXJIAVs@barandbench @PTI_News @ANI @ImManujBhardwaj pic.twitter.com/HOhrce7lPg

— Indian National Association of Legal Professionals (@inalp_india) May 14, 2025

“Simultaneously, Indian lawyers and firms should be permitted to promote their work in foreign jurisdictions, if not within India, to ensure a level playing field abroad and to encourage global competitiveness.,” the association added.

INALP’s request seeking clarification over advertising comes after BCI’s order in March against DSK Legal. The firm had released a promotional video featuring actor Rahul Bose, which the BCI found in violation of Rule 36 of the Bar Council of India Rules, 1975.

On 20 March, the BCI ordered DSK Legal to remove the video from all digital platforms and provide a written assurance against future promotional efforts.

DSK Legal was also asked to explain why it should not face disciplinary action under the rules governing legal conduct.

Rule 36 states that lawyers are not permitted to solicit work or advertise through direct or indirect means. The rule includes specific prohibitions on circulars, advertisements, personal communications, and media engagement related to their legal work.

Under the Advocates Act of 1961 and the BCI Rules of 1975, BCI oversees the professional conduct of lawyers in India.

Currently, the rules do not distinguish between advertorial activities conducted within India and those targeting international audiences.

The association also emphasised that the scope of ethical guidelines needs to evolve to reflect cross-border realities.