Mumbai, July 14, 2026: The Andhra Pradesh High Court’s recent ruling reaffirming that advocates cannot be proceeded against before consumer forums for alleged deficiency in legal services has triggered mixed reactions among Mumbai-based lawyers and consumer rights activists.
While some believe the judgment correctly follows the law laid down by the Supreme Court, others have called for legislative intervention to make lawyers accountable under the Consumer Protection Act.
The Andhra Pradesh High Court recently held that complaints alleging deficiency in legal services rendered by advocates are not maintainable under the Consumer Protection Act, 2019, observing that the advocate-client relationship is one of “personal service”, which is expressly excluded from the Act’s definition of “service”.
Advocate Shirish Deshpande |
Lawyers Back Ruling
Reacting to the ruling, Advocate Shirish Deshpande, Chairman of the Mumbai Grahak Panchayat (MGP), said the High Court merely followed the binding precedent of the Supreme Court and, therefore, its judgment cannot be faulted.
However, Deshpande said the MGP has serious reservations about the Supreme Court’s interpretation.
“If doctors’ services are covered under the Consumer Protection Act, what is so paramount, special or extraordinary about legal services that they deserve exemption?” he questioned.
According to him, the Supreme Court’s reasoning that the legal profession is sui generis creates an unjustified distinction when compared with the landmark judgment in Indian Medical Association vs V.P. Shantha, which brought medical services within the ambit of consumer law.
Deshpande said the Mumbai Grahak Panchayat has already urged the Central government to amend the Consumer Protection Act to explicitly include both medical and legal services within its scope.
Advocate Anand Patwardhan |
Calls For Accountability
Offering a different perspective, Advocate Anand Patwardhan, former president of the Consumer Court Advocates Association, said the issue revolves around the unique role advocates play in the administration of justice.
“It is a matter of legal interpretation. A lawyer provides professional advice and representation for consideration, and therefore there is undoubtedly an element of service. However, an advocate’s foremost duty is towards the justice delivery system and the court. Lawyers are officers of the court and assist judges in ensuring that justice is done,” he said.
Patwardhan noted that courts have consistently recognised advocates as officers of the court and referred to recent judicial pronouncements highlighting their special role within the justice system. According to him, the immunity recognised under consumer law stems from this distinct professional responsibility rather than from the absence of consideration for legal services.
Consumer activist Kamalakar Shenoy |
Consumer activist Kamalakar Shenoy, however, opposed what he described as a blanket exclusion for all advocates.
“Every professional must be accountable for the work they undertake. If an advocate accepts legal fees but fails to make reasonable efforts to conduct a case, the fees and the services rendered should be open to scrutiny,” Shenoy said.
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He maintained that advocates who commit serious lapses or fail to exercise due care should be held accountable.
“An advocate is an officer of the court who assists the judiciary in delivering justice to the common man. That makes it all the more necessary for lawyers to diligently study every matter, act responsibly and remain loyal to the court as well as their clients,” he added.
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