Touting is considered a serious unethical practice in the legal profession. It undermines the dignity of the legal system and affects the impartiality and fairness expected in the administration of justice. In India, touting is expressly prohibited under various laws and rules.
What is Touting?
Touting in legal terms refers to the act of soliciting clients unethically or illegally by an advocate or any unauthorized person. A tout is someone who procures legal work for lawyers in exchange for commission or benefits.
Examples of Touting:
- Approaching clients in court premises to suggest a specific advocate.
- Paying intermediaries (like clerks, police officers, or court staff) to bring clients.
- Hanging around court halls to lure parties to hire specific lawyers.
Legal Framework Against Touting
1. Legal Practitioners Act, 1879
- Section 36: Gives courts the power to frame and publish lists of touts found acting within their premises.
- Section 36(2): A person whose name is listed as a tout can be barred from entering court premises.
2. Advocates Act, 1961
- While the Act doesn’t explicitly mention “touting,” it empowers Bar Councils to take disciplinary action against misconduct, which includes touting.
3. Bar Council of India Rules
- Prohibit all forms of advertising, solicitation, or touting for professional work.
- Advocates must not use intermediaries to gain clients or promise illegal gratification.
Why Is Touting Considered Misconduct?
Touting:
- Breaches the code of professional ethics.
- Damages the credibility of the legal profession.
- Encourages unfair competition among advocates.
- Exploits vulnerable litigants.
Procedure for Taking Action Against Touts
- Enquiry by Court: The court can conduct an inquiry to identify touts.
- Publication of List: A list of known touts is published and circulated among judicial officers.
- Show Cause Notice: Affected individual may be given a chance to show cause before listing.
- Ban from Premises: Touts may be banned from entering court buildings.
- Disciplinary Action: If the tout is an advocate, disciplinary proceedings under Section 35 of the Advocates Act may be initiated.
Relevant Case Law
- Hikmat Ali Khan v. Ishwar Prasad Arya (AIR 1997 SC 864)
- The Supreme Court upheld that touting is a gross professional misconduct, and disciplinary action against the advocate was justified.