Introduction

Over one-third of those seeking legal advice i.e., the potential clients of a law firm begin their journey online. The first impression is the last. Your website is a critical gateway for attracting clients and making a lasting impression of your legal expertise. Undoubtedly, the more aesthetically pleasant and accessible a website is, the more cautious one should be of the ethics involved. It is quintessential that a law firm’s website must be able to navigate the legal intricacies by complying with the ethical code set by the Bar Council of India that governs legal advertising.

Strategising your law firm website requires striking a balance between spotlighting your legal strength and following ethical obligations simultaneously. Apart from adherence to laws, it also means that you are presenting your firm in the most promising stance. Law firm websites are required to display a comprehensive introductory disclaimer to avoid the repercussions of flouting the rules set by the BCI.

In this blog, we will delve into the specifics of the BCI disclaimer.

Legal Disclaimer

A Legal disclaimer is a formal statement designed to protect your law firm website from incurring a potential legal liability. It informs your website visitors and potential clients that all the information listed on your website is not formal legal advice and hence, not immune to attorney-client privilege. The legal disclaimer defines the boundaries of your services, differentiates legal and general advice, and establishes your role.

Irrespective of the law firm size, client base or expertise area, these disclaimers have a significant role in informing clients of the services you offer. 

When individuals seek legal advice, they seek professional expertise and assistance for their troubles. However, they may not be able to differentiate between professional advice and merely referring to content on a website. 

Crucial elements of your BCI website disclaimer

1. 1. Attorney-Client Privilege:

It implies and informs the website visitors that simply browsing through a website does not automatically create an attorney-client relationship. It must indicate that contacting the firm via chat, email or phone does not make you their representing lawyer.

This clause is important for every law firm or individual lawyer, irrespective of their area of expertise. You must highlight that a formal relationship is established only upon an agreement entered into by the parties with voluntary consent. Attorney-Client Privilege disclaimer protects your firm against any liability and establishes the nature of communication with potential clients.

2. 2. No Legal Advice:

The ‘Legal Advice’ clause clearly communicates to website visitors that the information presented is general and does not constitute professional legal advice. Visitors should understand that their legal issues essentially require personalized advice based on the unique facts and circumstances of their case. Without this disclaimer, a law firm could incur a liability for damages if a website user tries to apply this general information and take matters into their own hands. Hence the content, articles and opinions posted on law firms’ websites cannot be construed as formal legal advice.

3. 3. Solicitation, advertisement and inducement by the Law firm:

Lawyers are obligated to include a clause with respect to ‘Solicitation, advertisement and inducement’ on their websites, indicating that the site serves as an advertisement. It implies that the user entirely initiates any interaction with the law firm and that the user is voluntarily seeking a response on their own accord. The BCI rules [Rule 36] strictly prohibit lawyers and law firms from solicitation or advertisement of their work. It ensures that legal services are sought based on merit and genuine need and not based on promotional strategies. This disclaimer protects the firm from potential legal repercussions and establishes a clear boundary that any information provided is for educational and informational purposes only. 

4. 4. Nature of information:

A law firm website disclaimer in India must clarify the nature of the information provided and the limitations of liability. Any information obtained or materials downloaded from this website are entirely at the user’s discretion. Hence, no transmission, receipt, or use of this site is intended to create a lawyer-client relationship. 

Further, the firm is not liable for actions taken on the basis of content so uploaded by the firm. This is because the information available may not be updated or the content may have inaccuracies or omissions. Finally, users should refrain from acting on any information found on this website without first consulting a qualified legal professional licensed in their jurisdiction, as the content does not constitute legal advice.

5. 5. Relationship on third parties:

Law firms must include a clause in their disclaimer about the outbound links in their content. ‘Third-party link’ disclaimers suggest that although the law firm is providing the links to external resources for informational purposes, these links do not establish any legal responsibility/liability for the content so found. Hence, the firm wards off any risks associated with the accuracy or reliability of third-party information. The users are required to conduct their own due diligence accessing these third party links.

6. 6. Sensitive Information

The communication platform provided on the law firm’s website should not be used for the exchange of any confidential, business, or politically sensitive information. It safeguards both the law firm and its clients. It is important to maintain confidentiality and security in all communications. It is essential for clients to understand that while the website facilitates inquiries or general questions, any confidential discussions should be addressed privately. 

7. 7. Intellectual property

The IPR clause of the disclaimer emphasizes that all text, images, and other content presented on the site are proprietary to the law firm. The same cannot be reproduced, distributed, or modified without explicit permission. By asserting this intellectual property claim, law firms not only safeguards its creative assets but also informs clarifies to the users that any unauthorized use may lead to legal repercussions. 

Sample disclaimer

Here is the disclaimer of a leading law firm in India for your reference-

Under the rules of the Bar Council of India, X law firm (real name hidden) is prohibited from soliciting work or advertising in any form or manner. By accessing this website, www.xlawfirm.com, you acknowledge that:

• You are seeking information about X law firm of your own accord and there has been no form of solicitation, advertisement or inducement by X law firm or its members.
• This website should not be construed as providing legal advice for any purpose.
• All information, content, and materials available on this website are for general informational purposes only.
• Any information obtained or material downloaded from this website is completely at the user’s volition, and any transmission, receipt or use of this website is not intended to, and will not, create any lawyer-client relationship.
• Information on this website may not constitute the most up-to-date legal or other information. X law firm is not liable for the consequences of any action taken by any person based on any material or information available on this website, or for any inaccuracy in or exclusion of any information or interpretation thereof.
• Readers of this website or recipients of content or information available on this website should not act based on any or all such content or information, and should always seek advice of competent legal counsel licensed to practice in the appropriate jurisdiction.
• Third party links contained on this website re-directing users to such third-party websites should neither be construed as legal reference / legal advice, nor considered as referrals to, endorsements of, or affiliations with, any such third party website operators.
• The communication platform provided on this website should not be used for exchange of any confidential, business or politically sensitive information.
• The contents of this website are the intellectual property of X law firm.

We prioritize your privacy. Before proceeding, we encourage you to read our privacy policy, which outlines the below, and terms of use to understand how we handle your data:

• The types of information we collect and why we collect them.
• How we use your information to provide a personalized experience.
• The measures we take to ensure the security of your data.
• Your rights and choices in managing your personal information.
• How we may share information with trusted partners for specific purpose.

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