The Court, however, noted that the websites give ratings without any basis and that it was apparent that they were selling legal services of lawyers for a fixed price, which goes against the Bar Council of India Rules.
“Rule 36 of Bar Council of India Rules specifically prohibits touting. Therefore the online websites/intermediaries are estopped from taking shelter under section 79 of the Information Technology Act. The Advocates Act is an Act of Parliament. In exercise of the powers conferred under the Advocates Act, the Bar Council of India has notified the Rules. Since soliciting, advertising directly or indirectly whether by circular, advertisements, touts, personal communication, interviews not warranted by personal relations, furnishing or inspiring newspaper comments or producing his photographs to be published in connection with case where he is engaged or concerned are unlawful activities excluded from the safe harbour clause of section 79 of Information Technology Act. Thus, the online website companies are also liable under the relevant Act and Rules,” the order stated.
Source: Barandbench
