A recent letter from the Bar Council of Maharashtra and Goa prohibiting lawyers from advertising in newspapers and WhatsApp has opened up a debate amongst lawyers and solicitors. The letter cites Rule 36 Section IV Part VI of Chapter II of the Bar Council of India with regards to Standards of Professional Conduct and Etiquettes Rules framed under Section 49 of Advocates Act 1961, which prohibits an advocate from advertising their services.

While the Bar Council states that rules cannot be changed unless amended, practising lawyers say such restrictions are uncalled for. Senior Advocate Subhash Ghatge, who is a member of the State Bar Council says the letter was unconstitutional and infringes upon the freedom of lawyers. "If messages on WhatsApp and social media can be seen as advertisements, so can a board outside the lawyer's office," he says. "It will be wrong to conclude that lawyers use them (WhatsApp, social media etc) for self promotion or for advertisements. I will raise my concern before the State Bar Council soon and will seek clarity."