Time to revisit the ban on advertising legal services, Marketing & Advertising News, ET BrandEquity
The recent crackdown by the Bar Council of India on lawyers marketing themselves, highlights a growing gap between market realities and traditional professional norms.
With over 20 lakh practising lawyers and about 70,000 graduates joining the profession every year, many lawyers face challenges in building and maintaining a client base. Law degrees, like many other professional degrees, focus on legal knowledge rather than client acquisition strategies. This means that many established lawyers rely heavily on their social and professional networks to attract clients, which can put newcomers at a disadvantage. For these young professionals, advertising might seem like a practical way to connect with potential clients, despite the risks and costs involved.
From a client’s perspective, transparency about legal fees can be valuable. Just as doctors and hospitals provide consultation charges upfront, knowing a lawyer’s fees can help clients make informed choices. This doesn’t undermine the profession’s integrity but reflects a practical need for clear information in a competitive market.
It’s important to recognise that the much-criticised advertising in the legal field often targets B2C or SME services, such as routine compliance work, civil disputes, and contract creation. These services can be more straightforward and are often volumes-driven. This doesn’t mean that all legal work should be seen as commoditised; rather, it highlights that some services may benefit from increased visibility and accessibility through advertising.
For example, in many Western countries, certain types of law firms – those that work on high volume cases in areas such as personal injury cases, bankruptcy, immigration, taxes, family law and estate planning – have successfully used advertising to connect with clients. These firms often deal with people who might not be aware of their legal options or who can’t afford traditional legal fees. Advertising helps raise awareness and gives clients more choices in finding the right legal help.
In contrast, for larger, full-service law firms dealing with complex, strategic issues, extensive advertising can offer little value. So the notion of big firms or wealthy lawyers engaging in aggressive advertising to dominate the market seems unlikely and has not been observed in practice.
Courts need to understand that today, no profession can thrive on a charitable outlook. Income and profits are essential for all businesses, including legal practices. However, this doesn’t mean that financial success has to come at the expense of maintaining a service mindset or professional integrity. Imposing outdated austerity measures that don’t fit current realities might lead to ongoing friction between courts and legal professionals and could encourage covert practices.
Perhaps the BCI could take a cue from countries where legal advertising has been successfully integrated without compromising the quality or respect of the profession. In these markets smaller firms have had the opportunity to merge with larger practices, enhancing client service and operational effectiveness. This has also encouraged lawyers to refine their value propositions and develop a stronger commercial acumen.
The discussion around legal advertising in India mirrors a broader conversation about adapting professional practices to modern realities. While traditional methods of marketing, such as legal research contributions and professional events, remain important, incorporating transparent advertising could provide additional avenues for lawyers to connect with clients. The goal is not to undermine the profession but to strike a balance that respects ethical standards while meeting market needs. Embracing change while respecting core values can lead to a more dynamic and effective legal practice, benefiting both lawyers and their clients.
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