Problems Of Legal Profession

PROBLEMS OF LEGAL PROFESSION PROBLEMS OF LEGAL PROFESSION [Paper read at Judicial Conference held at Muzaffarabad on 8th December, 1993.] By M. Tabassum Aftab Alvi, Advocate, Azad Jammu and Kashmir Honourable Chief Justice, esteemed Judges, Mr. Advocate‑General, respectable members of subordinate judiciary, distinguished guests and worthy members of the Bar! The topic "Problems of Legal Profession" selected for this Judicial Conference is of great importance not only to the Members of the Bar, but equally important to the public‑at‑large who wish to maintain democratic system of Government and rule of law as the Bar plays important role towards achieving the above object. It may be stated that the legal profession is a prerequisite for effectively functioning of the judiciary. It may also be mentioned that legal profession is not repugnant to the tenets of Islam, on .the contrary Islam recognises the role of lawyers. Reference may be made to a famous book "Mu'id al‑Niam Wa Mubid al Niqiam" by Qazi Taqi al Din Abu Nasr which reads as follows:‑‑ "According to our belief the lawyers who seek the pleasure of Allah through their occupation are worthy of praise though they may receive remuneration for services rendered by them. But those who contest a cause just to deprive people of their rights are hateful persons. It is the duty of a lawyer to understand the case for his client and know the facts accurately. He should also know which one of the parties is in the right. He should put forward only such arguments as are right in his own opinion. If he puts up an argument which he believes to be untrue he will be the denizen of Hellfire Reference may also be made to the report published by the Islamic Ideology Council on `Islami Nizam‑e Aidal' wherein reliance has been placed on the well‑known book (Badia alzai ), Vol. VI at page 22." 2. It is a proved fact from the ancient history that legal profession was in existence even at the time of Greek. In this regard reference may be given of famous case of `Suqrat' which was contested on behalf of the State by three advocates viz. Melytus, Anytus and Lycon which had been heard by 501 Judges out of whom 280 delivered their judgment against `Suqrat' while 221 pronounced their judgment in his favour. 3. If we look into the history of legal profession we will discover that initially the persons motivated with the desire to render social service used to provide legal aid to the needy people gratuitously. However, with the passage of time and with the industrial and commercial growth the legal profession came into existence in its present form. A few centuries back a lawyer in England used to feel insulted if a client was to pay his fee in cash into his hands. In order to avoid this a pocket on the back side of gown was provided where the client used to put fee without even showing it to his lawyer. Though the legal profession provides livelihood to the lawyers' community but it is a secondary consideration, the main object being to render service to the community and to contribute towards keeping streams of justice clear and pure. The legal profession has been a difficult, profession for a beginner everywhere. Only the people belonging to the families having sound financial background used to join the legal profession as there is always a waiting period for p young lawyer, which may be between 5 to 10 years. Lord Denning in his well‑known book "The Due Process of Law" at page 89 has described his initial period in the legal profession in the following words:‑‑ "I well remember when I was young at the Bar‑‑and expecting a client. I would set out on my table the briefs and cases for opinion, all tied up in red tape so as to seem busy. But most of them would be `dead'! They had been finished and done with long before. It was only after 10 years or so that my table would be crowded out with `live' instructions piling one on another. A person of Lord Dennings Caliber had to wait for about 10 years time; before he could get sufficient work to remain busy. It will be regret to say that nowadays the new entrants into the legal profession particularly in Azad State of Jammu and Kashmir want to earn handsome amount straightaway without having arty waiting period. Furthermore there is no effective check or control as to the type of the person who can join the legal profession. 4. People who belong to legal fraternity feel extreme trouble when they are not being given an opportunity to place their case before a Court of law. In this respect here I would like to take benefit of a question from a thesis of Mr. Justice (Retd.) Sardar Muhammad Iqbal Khan read by his Lordship in Fourth Judicial Conference held in Muzaffarabad, Azad Kashmir in 1984:‑‑ "The Bar is there to assist the Bench in administering law. Lawyers, therefore, cannot disassociate themselves from the Bench by thinking that they are separate entity altogether. Also in my view the Judge who thinks that lawyers are a nuisance is a greatly mistaken. Even if he were a Salomond or Daniel he would not be able to administer justice properly without the aid of the Bar. If he thinks he can, then he has no idea of his shortcomings. Anyone like myself who has had experience both as a Judge and as a lawyer knows that it is impossible for any Judge whosoever talented and experienced he may be, to see both sides of picture. Justice cannot be one‑sided dispensation. The Bench must have respect for the Bar, just as the bar is required to have respect for the Bench. The lawyer has to avoke the Judge's admiration for his legal presentation while the Judge has to inspire confidence in the lawyer, They are like the sun and moon. The beauty of the moon is there for all to seek but it takes light from the sun. If there is no sun there will be no light in the moon." 5. Another great problem is faced by the lawyers' community when a court of law starts its Court work at 1‑00 p.m. or 12‑00 noon or even after 10‑00 a.m. instead of 8‑30 or 9‑00 a.m. No doubt a Presiding officer may be busy some times in dictating any judgment but in such like eventualities the cases can be adjourned in early hours so that whole day of lawyers cannot be wasted. I cannot remain silent here to appreciate and admire the Honourable Supreme Court which starts its Court functions exactly at 8‑30 a.m. during summer season and 9‑30 a.m. during winter season without even delay of single minute. It is hoped that this beautiful principle shall also be followed by all other Courts. 6. It is a matter of common knowledge that inter alia, the standard of the legal education has been deteriorated considerably not only in Azad State of Jammu and Kashmir but in other countries as well. The standard of legal education should be improved and the entry to the legal profession should be made difficult. In this regard it may be pertinent to mention that in England a committee on legal education named as `Ormrod Committee' was appointed in 1967 which submitted its report in or about 1971 recommending the following stages of educational and vocational courses:‑‑ (1) the academic stage (primarily a law degree), (2) the professional stage consisting of‑‑ (a) a vocational course (newly designed); (b) in‑training (pupillage, or articles or some sort of restricted practice); (c) further training. It is evident that the above Committee was of the view that in the legal education there should be more emphasis on the practical aspect than academic. In Azad Kashmir the legal education may be bifurcated into two stages: (i) academic, and (ii) vocational training. The academic examination may be conducted by a University whereas Vocational examination may be organized by an institute to be established by the Bar Council, of course after adopting Bar Councils Act, 1973 of Islamic Republic of Pakistan. The role of an advocate in a developing society is highly, appreciative. This role grows with the role of Judges. As advocates' input is often crucial not only to the outcome of a case but also to the quality and the authority of the decision arrived at by the Court. It is only through this sort of cooperation between Judges and advocates that the judiciary and other branches of Government will be able to achieve through law the attainment of the goals they foundly seek. It is in this kind of hospitable climate that the Courts can play their role effectively. With these remarks I shall be thankful to the learned Chief Justice Mr. Justice Abdul Majeed Mallick for giving me opportunity to address this distinguished gathering of this important judicial conference.