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Bangladesh Bar Council: A call for urgent reform
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Bangladesh Bar Council: A call for urgent reform

Reform is no longer optional but a crucial necessity for institutions, and the Bangladesh Bar Council is no exception. As the body responsible for certifying and regulating the legal profession, the Bar Council functions under the Bangladesh Legal Practitioners and Bar Council Ordinance, 1972. However, this regulatory framework has not kept pace with modern legal education and the evolving needs of legal professionals.

To ensure its relevance and maintain the rigor of legal training, it is imperative that this system be updated. For years, law students, young lawyers and even seasoned practitioners have raised concerns about the functioning of the Board, from allegations of corruption in the certification process to the inefficiency of its certification processes. exam. A lack of transparency and fear of retaliation have stifled open discourse, but it is clear that the problems go beyond exams: they extend to learning, professional development and the overall regulatory framework.

To build a strong legal profession, the role of the Bar Council should begin at the academic level. Legal educational institutions and the Council must collaborate in at least two annual seminars on each campus. These seminars would serve to bridge the gap between academia and the bar, providing prospective attorneys with critical information on professional expectations and ethics.

Furthermore, the law curriculum should be standardized over a four-year duration across all institutions, with uniform emphasis on technical legal terminologies. Upon completion of the LLB, law schools should be required to promptly submit graduate lists to the Bar Council, thereby streamlining information processes. This would ensure that all aspiring defenders are integrated into the professional pipeline in an organized and timely manner.

The transition from academic life to professional practice has always been an extremely difficult time for law graduates. To facilitate this transition, the Bar Council should implement an online profile system for all law graduates who submit their whistleblower forms. This profile would be maintained and updated by both the individual and the Council, ensuring transparency and a streamlined administrative process.

In addition, a fixed age limit for access to the legal profession must be set. Examinations, both practical and theoretical, must follow a clear and predetermined annual timetable, and the same applies to licenses to practice at the High Court. The Bar Council should also monitor senior lawyers to ensure compliance with existing rules, including mentoring at least four junior lawyers and providing them with reasonable remunerations. These stipends could be tax deductible, providing an incentive for senior attorneys to fulfill their obligations.

A comprehensive code of conduct governing the behavior of seniors and juniors is essential. This code must emphasize mutual respect, professionalism and a harassment-free working environment, particularly for female apprentices. The bar exam process is plagued by allegations of corruption and inefficiency. To restore credibility, the examination system should be administered by members of the Bangladesh Judicial Service who are better equipped to ensure impartiality. Furthermore, the Bar Council should introduce sanctions for unethical behavior during examinations and implement a transparent process for reviewing examination papers for a reasonable fee. Results should be published on individual profiles, making the review process more transparent and accountable. These reforms will help address widespread distrust of the current system.

The financial burden on newly qualified lawyers is considerably high. To alleviate this problem, the Bar Council should introduce flexible payment systems for the charitable fund, allowing young lawyers to pay in installments. In addition, conditional grants or interest-free loans should be made available for the purchase of essential legal texts and professional clothing.

Mandatory training for newly registered lawyers should be standardized, with successful candidates eligible for further training opportunities abroad. Specialized courses in emerging areas of law should also be offered, taught by experienced judges and lawyers, ensuring continued professional development. Reminders for contributions to charitable funds and other financial obligations should be automated, ensuring timely payments and uninterrupted professional practice.

Professional conduct must also be strictly enforced. The Bar Council should introduce a summer dress code and monitor compliance with formal dress, thereby preventing the misuse of the lawyer’s uniform in non-professional contexts. Additionally, all lawyers with five years of experience should be required to handle at least two pro bono cases per year, with certificates and awards given to encourage this practice.

The governance of the Bar Council must become more accountable. Elected members have a duty to attend committee meetings and absenteeism must not be tolerated. Whether within executive, financial or educational committees, members must actively participate in decision-making. The Bar Council should not serve as a platform for political maneuvering but should focus on its primary mandate: the regulation and advancement of the legal profession.

The Bangladesh Bar Council finds itself at a pivotal moment. It can either remain within an outdated framework or seize the opportunity to reform and adapt to the changing demands of the 21st century. The future of the legal profession, the integrity of the rule of law, and the future of public trust in our institutions depend on this transformation. These reforms are not only desirable: they are imperative and long overdue.

The author is an advocate of the Supreme Court of Bangladesh.