Profession of Law,
Accountancy and Company Secretaries may be permitted to have partnership and
advertise, for enabling the professionals of India to meet the challenges of
global competition
Indian businessmen have made a
remarkable achievements in the global business scenario, however, Indian
professionals are yet to make the presence felt in the global scenario. Bar
Council of India does not permit to have a partnership with chartered
accountants profession or company secretaries. In the era of globalization apart
from knowing the law, issues relating to Accountancy and Companies Act are very
much essential for the mergers and acquisition. Therefore it is the time to
think, why not permit all three professionals to come together and render the
services under one umbrella. For appearing before the Court it can be stated
that only lawyer partner can represent similarly, for audit certificate can be
given by Chartered Accountant, and procedure relating to Companies Act may be
handled by the Company Secretary. If all three professionals are allowed to have
partnership it will help to render better services and Indian professionals can
meet the challenges of global competition. A thought for debate and
consideration!
In India, law has been
traditionally viewed as an agency of public service and not a business. The
lawyer is not allowed to solicit work or advertise, directly or indirectly. Rule
36 of the Bar Council of India Rules on Standards of Professional Conduct and
Etiquette, which reads as under:—
“An advocate shall not solicit
work or advertise either directly or indirectly whether by circulars,
advertisements, touts, personal communications, interviews not warranted by
personal relations, furnishing or inspiring newspaper comments or procuring his
photograph to be published in connection with cases in which he has been engaged
or concerned.”
In United States, the lawyers
have a constitutionally guaranteed right to advertise their services, in England
the advertisement has been regulated under the Solicitors Practice Rules, 1990
and Solicitors’ Publicity Code, 1990. Right of Barristers to advertise are
governed under the Code of Conduct of the Bar of England and Wales, legal
professionals in India have been expressly barred from advertising their
services. Our entire legal system is derived from Britain. They have moved
according to time and allowed the legal profession to advertise however we are
still following the old system. Is it not, the time has come even Indian
lawyers should be allowed to advertise? Have their own website, which may help
the global business players to utilize their legal services. According to us,
the Bar Council of India should come out with guidelines for advertisement and
for hosting website.
Bar Council may frame the rules
and regulations for hosting the website by charging yearly subscription, which
can also help to build corpus to respective Bar Council. A thought for debate!
Dr. K. Shivaram
Editor-in-Chief