This article has been authored by team Ghostline Legal.
Introduction
“Can lawyers freely advertise on social media?” If you’re a lawyer active on platforms like LinkedIn, Facebook, or Instagram, this question might have crossed your mind. In a recent move, the Bar Council of Delhi (BCD) issued a stern notice of caution to lawyers, warning against the use of social media for soliciting clients or promoting legal services. This notice isn’t about banning lawyers from being online – it’s about how you use social media. The BCD’s guidelines aim to uphold professional ethics and the dignity of the legal profession in the digital age. In this post, we break down what these guidelines mean and what you need to know to stay on the right side of the rules while maintaining a presence online.
Why Did the Delhi Bar Council Issue These Guidelines?
- The rise of legal influencers: Over the past few years, more lawyers have taken to social media to share legal updates, give quick tips, or even make informative videos. Some have amassed large followings as “legal influencers.” The Bar Council’s notice observed that many lawyers are posting content and videos to solicit work – essentially using social media as an advertising tool to attract clients. This trend raised red flags for the council.
- Preserving the profession’s dignity: Law isn’t just any business; it’s often called a noble profession. The council felt that overt self-promotion by lawyers online was starting to look like unethical canvassing, infringing on professional ethics and lowering the dignity of legal practice. In simple terms, the authorities worry that if lawyers market themselves like products on social media, it could erode public trust and respect for the profession. One senior advocate noted that advertising could shift the focus from justice to profit, making lawyers seem more like commercial vendors than professionals focused on helping people. The goal of the guidelines is to prevent that slide and remind lawyers of their core duty to serve justice, not chase likes or clients through flashy posts.
- Misinformation concerns: Another issue is the “self-styled legal expert” who might not even be a qualified lawyer. The digital boom has made it easy for anyone to post legal opinions or advice. The Bar Council is concerned about unqualified individuals spreading misinformation on critical legal issues. By cautioning actual advocates, the Council is also indirectly warning those who misrepresent themselves online. They want to ensure that the public isn’t misled by content that looks legal but isn’t accurate or ethical.
What Do the Guidelines Say?
The Bar Council of Delhi’s notice (dated August 4, 2025) lays down clear expectations for lawyers on social media. Here are the key points you need to know:
No Soliciting Clients Online: Lawyers must not actively seek clients or advertise legal services on social platforms. Posting videos or updates with the intent to attract business is viewed as indirect advertising and is not allowed. For example, a video showcasing your success record with a call to action for legal services would violate these rules.
Avoid Unethical Promotion: Any form of canvassing or self-promotion that goes beyond sharing general information is discouraged. The notice specifically mentions things like posting your photograph alongside details of cases you handled, or broadcasting client interactions/interviews to get more legal work. Such promotions are considered unethical and unprofessional because they turn legal practice into a marketing spectacle.
Remember Rule 36: The notice reminds lawyers that Rule 36 of the Bar Council of India Rules explicitly prohibits advertising – whether done directly or indirectly This rule isn’t new (it’s been around for decades), and it means you cannot market your practice as if it were a commercial product. Even subtle advertising, like encouraging viewers to contact you for counsel via social media posts, falls under this ban.
Consequences are Serious: Violating these guidelines isn’t just frowned upon, it’s considered “serious misconduct.” The Bar Council made it clear that lawyers who don’t comply can face action under Section 35 of the Advocates Act, 1961. In plain terms, that means disciplinary proceedings which could lead to suspension or even cancellation of your license to practice law. This is not an empty threat – the Council is prepared to enforce the rules to protect the profession’s integrity.
Take Down Promotional Content: The notice directs all advocates active on social media to remove existing promotional content immediately. If you’ve posted reels, tweets, or videos explicitly advertising your services or success stories to solicit clients, the safe move is to delete them. The Council warned that failure to do so will result in case-by-case action, meaning individual lawyers could be investigated and penalized.
In summary, the BCD’s guidelines urge lawyers to maintain decorum online just as they would offline. Sharing knowledge is fine, but touting for clients is not. The focus should remain on legal education and discourse, not on personal promotion.
The Rule Behind It All: No Advertising
It helps to know the rule that forms the backbone of these guidelines. Rule 36 of the Bar Council of India’s “Standards of Professional Conduct and Etiquette” is the big one to remember. In essence, Rule 36 states that an advocate shall not solicit work or advertise, directly or indirectly. This covers a lot of ground – from obvious things like running ads in newspapers, to more subtle things like sending out brochures or using social media to brag about your wins. The idea is that law is a profession, not a trade. Lawyers aren’t supposed to hawk their services or chase clients through publicity.
You might wonder, “So am I never allowed to share any information about myself or my practice?” The Bar Council did relax the rules slightly in 2008 by allowing lawyers to have their own websites with basic information. This was a small exception, recognizing the modern need for an online presence. Even then, what’s allowed is very limited – typically just your name, contact details, qualifications, areas of practice, and a simple profile on your website. And even that must come with a disclaimer that the info is true and not meant as advertising. Beyond such factual information, anything that even looks like advertising – like boasting about case results, client testimonials, or slogans – can land you in trouble.
So, Rule 36 draws a clear line: informing the public vs. influencing the public. You can inform by providing general knowledge or listing your credentials. But you cannot influence or entice by using promotional language or tactics to get clients. The recent Delhi Bar Council notice is essentially a reminder of this rule in the context of social media. It’s saying: “Just because the medium is new (Instagram, YouTube, etc.), the old rule still applies there too.”
Consequences of Violating the Guidelines
The Bar Council’s warning is not just lip service – there are real risks if a lawyer is found violating these norms. Under Section 35 of the Advocates Act, 1961, any act of professional misconduct can lead to disciplinary proceedings. What does that mean for a social-media-savvy lawyer? It means the Bar Council can conduct an inquiry into your conduct. If they conclude that posting those flashy “DM me for legal help!” videos amounts to misconduct, they have the power to suspend you from practicing law for a certain period. In extreme cases, they can even cancel your license (i.e. strike your name off the rolls of advocates).
Think about that – losing the ability to practice law, which you likely worked for years to achieve, just because of some Facebook posts or YouTube promos. It’s a serious penalty and is meant to show how important these ethical rules are. The recent notice explicitly warned advocates: take down the ads or face action. It’s essentially a last chance to self-correct. Going forward, we can expect the Delhi Bar Council (and other state bar councils, and the Bar Council of India itself) to keep an eye on online behavior. If someone files a complaint or it comes to the Council’s notice that a lawyer is flouting the rules, consequences will follow.
Also, consider the reputational damage. Beyond formal punishment, being called out for unethical conduct can tarnish a lawyer’s reputation among peers and clients. The legal community tends to be close-knit, and word gets around. No one wants to be the example everyone cites of “what not to do on social media.” So, it’s best not to test the waters by seeing how far you can push the envelope. The safer path is to clearly stay within the ethical boundaries while online.
How Can Lawyers Use Social Media Responsibly?
After hearing all these restrictions, you might feel discouraged or confused about using social media at all as a lawyer. But fear not – you can have a social media presence as a legal professional, as long as you keep it professional and ethical. Here are some practical tips on using social media responsibly under the Bar Council’s guidelines:
Educate, Don’t Advertise: Sharing general legal knowledge or commenting on recent legal developments is usually fine and can even benefit the public. For example, you might write a short post explaining a new Supreme Court judgment in simple terms. This is educational content. What to avoid is turning that post into a pitch for your services. Stick to information, not self-promotion.
Maintain Confidentiality: It should go without saying, but never disclose client information or case details on social media. Not only could that violate ethics, it could also breach client confidentiality rules. Always speak in general terms about legal issues, not specific cases you’re handling.
No Direct Solicitation: Do not end your informative posts with lines like “If you need a lawyer, call me” or “DM for legal representation.” That crosses the line into solicitation. Let your content speak for itself. If people genuinely find you knowledgeable, they will reach out on their own. You don’t need to explicitly ask for it.
Professional Tone and Image: Even though social media is casual, as a lawyer you should maintain a professional tone. That means no making fun of clients, no ranting about judges or colleagues, and no overly flashy “salesy” language. Think of it this way – if your post was read aloud in a courtroom or shown to the Bar Council, would you feel comfortable? If not, don’t post it.
Fact-Check Your Content: If you’re sharing legal explanations or news, make sure it’s accurate. The Bar Council’s notice mentioned concern about misinformation spreading online. Be a reliable source. Double-check the laws or judgments you talk about. This not only keeps you out of trouble but also builds trust with your audience.
Be Mindful of Rule 36 Limits: It’s okay to have an online profile or a LinkedIn page that lists your qualifications and the fact that you’re a lawyer. It’s also fine to celebrate professional milestones in moderation (like a post about completing 10 years in practice, thanking mentors, etc.). But avoid posting results of cases or client testimonials, and don’t compare yourself to other lawyers in promotional terms. Basically, if something feels like an advertisement for you, it’s probably not allowed.
By following these practices, you can still engage with the online community, share your expertise, and build a reputation organically – without violating the rules. In fact, many lawyers have successfully used platforms like LinkedIn or Twitter to become thought leaders, without ever directly soliciting business. They focus on the value they provide, not on aggressive self-promotion.
Conclusion
The Delhi Bar Council’s guidelines on social media usage by lawyers serve as a timely reminder: being a lawyer comes with a certain ethical code, and that doesn’t go away when you log onto Instagram or YouTube. The core message is simple – uphold the honor of the legal profession, both offline and online. By avoiding overt advertising and solicitation on social media, lawyers protect their own reputation as well as the collective reputation of the bar. These guidelines aren’t meant to muzzle lawyers or keep them off the internet; rather, they’re about striking the right balance. You can still have a voice on social media – just use it to inform and engage, not to blatantly promote.
Staying within these rules is not just about avoiding punishment, but also about maintaining the trust that society places in legal professionals. When people see lawyers sharing knowledge without constantly pushing services, it reinforces the idea that lawyers are advisors and advocates first, not salespeople. So, if you’re a legal professional navigating the world of tweets, reels, and stories, remember: be prudent, be ethical, and let your expertise – not advertisements – do the talking.
