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Legal profession

2015-09-22
SPEEDY justice has become a complex proposition to understand for a layman but certainly not so for the legal profession.

The bar councils are responsible for regulating and enforcing professional standards andcode ofconductinPakistan.

Bar Councils have become politically hyper active contrary to their professional obligations to the profession and the public at large.

The legal profession is among powerful pressure groups and the growing importance of bar elections cannot be overstated.

Candidates who contest bar elections spend millions of rupees for securing a term in office and in doing so they heavily rely on the support of their colleagues.

On the other end of the spectrum, these elected members are responsible for regulating the conduct of fellow advocates.

Their independence, as regulator, is compromised which leaves us with a least regulated legal profession where inter alla conflict of interest matters.

An advocate has an overriding duty to be an honest guide to the court and to facilitate the due process of law. The practice suggests otherwise.

Unmeritorious litigation has become the norm and it normally hampers speedy justice. It does not pave the way for the smooth functioning of our lower and middle order judiciary. Judges feel intimidated even when throwing out lawsuits without merit.

Litigants prefer using bar office-bearers to influence the bench, and corporate clients pay hefty fees for such services. This practice is unethical and detrimental to the legal profession`s interests.

The bar and bench must join hands to end the culture of unnecessary adjournments causing delay in the final outcome.

Practising advocates must have indemnity insurancein place toinsulate litigants` interests where the issue of professional misconduct arises.

Public confidence in the legal profession has diminished and the absence of an independent regulatory arm with enforceable code of conduct is one of the reasons. Political parties are using the legal profession for their interests and are least interested in regulatory reforms.

Restoration of public confidence in the Quaid`s profession merits a fully equipped independent regulatory body.

Rai Ahmad Khan Lahore