BCI expresses 'anguish' over proposal to bring lawyers under Consumer Protection Act

The Bar Council of India has expressed "anguish" and "resentment" on behalf of over twenty lakh advocates of the country at the government's decision to bring lawyers within the purview of the Consumer Protection Act.

BCI in its letter to the Ministry of Consumer Affairs, Food and Public Distribution, requested that the proposal be withdrawn or else the lawyer fraternity would be left with no option but to launch a protest against it.

"With utmost humility, we would like to inform your good self that in case our demand is disregarded, entire advocates fraternity of the country will be left with no option but to come on the roads with a massive agitation against the draconian proposal to bring Advocates within the applicability of Consumer Protection Act," the apex bar body said.

The BCI letter said it was a judicially acknowledged fact that advocates are not part of any trade, commerce or industry nor does their work fall within the ambit of Service Tax Act but it was merely an activity in aid and assistance of the justice administration system.

It said the Advocates Act, 1961 is sufficient enough to safeguard interests of litigants and it has a proper mechanism in place to hold a lawyer guilty in case of any professional misconduct.

"The Advocates Act, 1961 provides sufficient safeguard for litigants in case they have any complaint of misconduct against advocates and an effective mechanism is provided in section 35 of the Advocates Act to take action against an advocate if found guilty of any misconduct.

"An advocate found involved in an act of misconduct may even be suspended or even removed from the roll of Advocates. State Bar Councils and Bar Council of India have taken action against erring advocates in the past and even at present many advocates are facing action for indulging in acts that are unbecoming of the legal profession," said BCI.

It also said bringing lawyers under the Consumer Protection Act will hamper their professional activities and encourage frivolous complaints which would undermine the legal profession and would also be demeaning for the advocates.

"Thus, with an already existing and effective remedy available for aggrieved clients and others to proceed against advocates found indulging in acts that are harmful and damaging to the interest of litigants, there is no requirement of making Consumer Protection Act applicable to advocates," the BCI said.