Maria Rafique
Yes, legal practitioners should be ethical and exhibit good character. Every lawyer, whether enrolled as an advocate or as an attorney, has a duty to observe the Legal Practitioners and Bar Councils Act of 1973 (the Act) and the Pakistan Legal Practitioners and Bar Councils Rules of 1976 (the Rules). Unfortunately, there are legal practitioners, who have forgotten their obligations as members of a profession and who have indulged in practices that contravene their duty to the courts, the public, and their fellow colleagues.
Here, I discuss some of the many practices carried out within the legal profession that are considered unethical and/or constitute misconduct (Violation of the Act and Rules). Such practices call upon Bar Councils to assume responsibility and take effective action to regulate the legal profession. To further strengthen the issues raised, I will seek support from the recent judgment by the Honorable Islamabad High Court in the case of Ms Shahnaz Butt v. Islamabad Bar Association through its President, etc. [W.P No. 2906 of 2018], wherein the Chief Justice, Ather Minnallah, reminds us all of our duty as lawyers to uphold the dignity of the profession.
In law schools, we are taught to be ethical 24/7. Lying, cheating, and stealing are all prohibited actions among the many listed within the canons of ethics. Moreover, the ethics rules apply regardless of whether or not the misconduct occurs in the context of the practice of law. Unfortunately, the legal profession is no longer a service. It has become a profession motivated by politics and business, where the focus is on securing multiple self-promoting marketing platforms by regularly airing their views on TV channels. It is interesting to hear such lawyers discussing the corruption of politicians while labeling themselves as “Ma’herey Qanoon” (legal experts). They seldom discuss qanoon (law) and if they do, it is an area in which they have not acquired the status of ma’her (expert). Such lawyers should be held accountable for their own conduct as professionals and remedy the corruption within legal firms, instead of merely paying lip service. The Bar Councils need to address this matter by restricting the TV appearances by lawyers to interpret laws and analyze court judgments on a pro-bono basis. There should not be any financial incentive.
We lawyers like to think of ourselves as “principled” people, defending the spirit and institutions that uphold the rule of law. However, the public perceives the legal profession as greedy and it is widely considered that lawyers will go to great lengths to represent their clients without revealing conflicting interests and without providing service with due diligence and in good faith. The true reflection of a lawyer can be assessed by the type of clients they have, their representations before the courts, and such factors. An argument that someone has to represent a wrongdoer can be best answered in the words of Chief Justice Minnallah in the mentioned judgment, “the role and conduct of lawyers becomes most crucial in safeguarding a society from the menace of lawlessness and anarchy because they owe a duty to the society to ensure the supremacy of law. When guardians of the rule of law are involved in violation of enforced laws and have no hesitation in defending it then this points towards signs of lawlessness and anarchy in the society… The honour of the profession is advanced when an advocate renders professional service or gives advice undertaking exact compliance with the strictest principles of moral law.”
The most disturbing yet alarming aspect of the legal profession these days is that it is being used by some lawyers to malign institutions and discredit individuals, infringing upon their fundamental constitutional right of reputation. This is done by the lawyers just to satisfy their ill minds with no legal acumen. Any random lawyer conspires with his like-minded colleagues and sends a notice to either receive information with no express intention, just to pressurize the respective institution, or file a writ against an individual as a pressure tactic. The Bar Councils need to take strict legal action against such advocates and attorneys who, if found guilty, should have their licenses revoked to avoid such malpractices in the future.
In conclusion, the legal profession is not a business but a service to society and the nation. The members of the Bar are sworn to a high standard of conduct and of loyalty. Therefore, the Bar Councils need to implement the Act and Rules both in letter and spirit, and cleanse the legal profession of unethical practices. In the case of Ch. Imran Raza Chader v. The State [PLD 2016 Lahore 497], the Honorable Lahore High Court observed the following, “the strength of the Bar is not in its number but in its ability to stand up for justice and fair play on the strength of reason, law and equity. The mark of a good lawyer is his unwavering boldness and unfaltering courage to stand and fight for what is right. Law is a noble profession and requires noble men full of knowledge and respect for the law and the judicial institution.”
(The writer is a lawyer based in Islamabad)
