Indian businessmen have made a remarkable achievements in the global business scenario, however, Indian professionals are yet to make the presence felt in the global scenario. Bar Council of India does not permit to have a partnership with chartered accountants profession or company secretaries. In the era of globalization apart from knowing the law, issues relating to Accountancy and Companies Act are very much essential for the mergers and acquisition. Therefore it is the time to think, why not permit all three professionals to come together and render the services under one umbrella. For appearing before the Court it can be stated that only lawyer partner can represent similarly, for audit certificate can be given by Chartered Accountant, and procedure relating to Companies Act may be handled by the Company Secretary. If all three professionals are allowed to have partnership it will help to render better services and Indian professionals can meet the challenges of global competition. A thought for debate and consideration!
In India, law has been traditionally viewed as an agency of public service and not a business. The lawyer is not allowed to solicit work or advertise, directly or indirectly. Rule 36 of the Bar Council of India Rules on Standards of Professional Conduct and Etiquette, which reads as under:—
“An advocate shall not solicit work or advertise either directly or indirectly whether by circulars, advertisements, touts, personal communications, interviews not warranted by personal relations, furnishing or inspiring newspaper comments or procuring his photograph to be published in connection with cases in which he has been engaged or concerned.”
In United States, the lawyers have a constitutionally guaranteed right to advertise their services, in England the advertisement has been regulated under the Solicitors Practice Rules, 1990 and Solicitors’ Publicity Code, 1990. Right of Barristers to advertise are governed under the Code of Conduct of the Bar of England and Wales, legal professionals in India have been expressly barred from advertising their services. Our entire legal system is derived from Britain. They have moved according to time and allowed the legal profession to advertise however we are still following the old system. Is it not, the time has come even Indian lawyers should be allowed to advertise? Have their own website, which may help the global business players to utilize their legal services. According to us, the Bar Council of India should come out with guidelines for advertisement and for hosting website. Bar Council may frame the rules and regulations for hosting the website by charging yearly subscription, which can also help to build corpus to respective Bar Council. A thought for debate!
Dr. K. SHIVARAM
Editor-in-Chief, AIFTP
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