Bangladesh Legal Practitioners and Bar Council Order (PO 46 of 1972)

Bangladesh Legal Practitioners and Bar Council Order (PO 46 of 1972)

Article 8, 10, 11 and 20

We are of the view that the Bar Council is required to publish a correct voter list at least 30 days before the polling. A voter list containing innumerable mis- takes can not be regarded as a voter list as contemplated under Sub-rule (1) of Rule 11 although the first proviso to it states that the Bar Council shall have the power to add to the list till the polling. This proviso does not allow the  Bangladesh Bar Council to delete the names of 500 to 600 voters from the voter list before the polling. In addition, the candidates must know before participation in the election about the exact number of voters in the roll. Secretary, Bangladesh Bar Council vs. A.. F. M. Faiz (Syed Mahmud Hossain J) (Civil) 10 ADC 197

Article 27(3)

A person shall be disqualified from being enrolled or admitted as an Advocate if he/she is convicted for an offence involving moral turpitude and unless five years or such less period as specified by the Government in the official gazette, has elapsed from the date of expiration of the sentence he cannot be enrolled as an advocate. Golam Md Khan Pathan vs Md Mosharraf Hossain (Civil), 73 DLR (AD) 103

Bangladesh Bar Council Debarring respondent

On perusal of the impugned judgment we have not found any material therein to come to the conclusion that the said legal charge was "disproportionate" except that the amount was a big amount. Complainant was required to produce material evidence so that on the basis thereof a conclusion could have been reached towards either way. In the absence of such evidence the finding of the Tribunal must be held to be based on mere surmises and conjectures.....(11)

Conduct and etiquette framed under

legal Practitioners and Bar Council Act, 1965 it appears that there is no prescribed fees of the lawyers. It has only been said that in accepting legal fees some considerations are to be made by the advocates themselves with regard to the time, labour and intricacies of the case. These instructions are mere guidelines and it has no binding force. Hence. Bangladesh Bar Council vs. Mr. Khawja Abdul Gani and another (Latifur Rahman J)(Civil) 4ADC 20

Bangladesh Legal Practitioners and Bar Council Order, 1972

Article 44 (g)- A lawyer is obliged to observe the norms of behaviour expected of the community in him as an officer of the Court- A lawyer is obliged to observe the norms of behaviour expected of him, which make him worthy of confidence of the community in him as an officer of the Court. In the instant case inspite of the fact that the respondent No.1 was not enrolled as an Advocate with Bangladesh Bar Council when he had falsely represented himself to be an Advocate before the Assistant Settlement Officer in the Objection Case and without being engaged on behalf of the appellant represented him in the objection case as an Advocate, his behaviour was very much unbecoming as a member of the noble profession and the Bangladesh Bar Council rightly took disciplinary proceedings against him as stated above.

We find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. The judgment and order dated 20.03.2006 passed by the High Court Division in First Miscellaneous Appeal No.199 of 2005 so far as it relates to modification of the sentence debarring the respondent No.1 from pursuing his legal profession permanently for life to a period of 5 (five) years is set aside and that passed by the Tribunal in the complaint case is restored.... Esrarul Huq Chowdhury VS= Md. Amir Hossain, Advocate, [8 LM (AD) 224]

The Bar Council shall prescribe/give guide lines to all the universities and colleges teaching on law subjects and conferring law degrees to the students- If a person holding judicial office is permitted to practice directly in the High Court Division after retirement, why not a professor of law of a university who had taught law students or a high ranking government servant having law degree, who held judicial office (Magistracy) and quashi judicial in his career should not be allowed to practice in the High Court Division in the similar manner of a retired judicial officer. We hope that the Bar Council shall look into the matter and if such categories of persons are permitted, the Bar will be enriched and enlightened.

We hope that the Bar Council shall prescribe/give guide lines to all the universities and colleges teaching on law subjects and conferring law degrees to the students. It should compel them to follow the syllabus on subjects to be taught, which should be uniform and in case of violation, it would not recognise the law degree of such institute. If it can restrict the recognition of those students, who have obtained law degree from the universities and colleges which do not teach basic law subjects and have no permanent qualified teachers on all subjects of law, the standard of law graduates will be improved. .....Bangladesh Bar Council -VS- A.K.M. Fazlul Kamir, [3 LM (AD) 132]

Role of a Counsel Cases are won and lost in the Court daily. One or the other side is bound to lose. The remedy of the losing lawyer or the litigant is to prefer an appeal against the decision and not to indulge in a running battle of words with the Court-No one expects a lawyer to be subservient to the Court while presenting his case and not to put forward his arguments merely because the Court is against him. In fact, that is the moment when he is expected to put forth his best effort to persuade the Court. However, if, in spite of it, the lawyer finds that the Court is against him, he is not expected to be discourteous to the Court or to fling hot words or epithets or use disrespectful, derogatory or threatening language or exhibit temper which has the effect of overbearing the Court. Cases are won and lost in the Court daily. One or the other side is bound to lose. The remedy of the losing lawyer or the litigant is to prefer an appeal against the decision and not to indulge in a running battle of words with the Court. That is the least that is expected of a lawyer. Silence on some occasion is also an argument. The lawyer is not entitled to indulge in unbecoming conduct either by showing his temper or using unbecoming language. (Para-174); The State =VS= Mr. Swadesh Roy, [2 LM (AD) 576]

Article 27(1)(i)/ (d) & 40(2)(t)- Appellate Division opinion is as under:

(a) A profession of law being founded on great traditions that it is not a business but a part of a scheme of a welfare State where all segments of public reposed faith in them to protect their fundamental rights, they are answerable to the social conscience of the society and have moderate obligation towards them who unable to protect their interest.

(b) Lawyers are duty bound to contribute in building social order so that the fruits of the social economic justice reach to the poor segment of people of the country, and therefore, a lawyer owes a duty to be fair not only to his client but also to the society.

(c) Bangladesh Bar Council is rendering public utility service and law cast on this Body in the national hope that the members of legal profession will serve society and keep the cannons of ethics defeating an honourable order.

(d) The Bar Council shall frame Rules with approval of the government to monitor the standard of legal education to be observed by universities and law colleges in Bangladesh and the inspection of the universities and colleges for that purpose in accordance with article 40(2)(t) of P.O.46 of 1972.

(e) The Bar Council shall publish a syllabus to be taught by the universities and law colleges compulsorily which will award LLB honours and pass course degree certificates and that no person shall be allowed to be enrolled as an advocate unless he/she obtains a graduation certificate on law on those subjects in accordance with article 27(1)(i) and (d) of P.O. 46 of 1972.

(f) The Bar Council has exclusive power to recognize a decree in law obtained by any person from any university or college and it has power to curtail/exonerate the power to practice of any person either in the district courts or in the High Court Division.

(g) No private university shall issue Bachelor of Law degree unless such person undergoes four years education in law course and this direction shall have prospective effect. No public or private university shall admit students in bachelor of law course more than 50 (fifty) students in a semester.

(h) The Bar Council has power not to recognize any degree in respect of any student for being enrolled as an advocate who has not studied four years horours course in law along with other subjects in any private university.

(i) No public or private university or law college shall issue any law degree certificate to a student which does not have sufficient number of teachers to teach the law subject, as may be prescribed by the Bangladesh Bar Council.

(j) The Bar Council may limit/increase the age limit of a person to be enrolled as an advocate either in the district courts or the High Court Division by framing rules.

(k) Rule 65A of the Bangladesh legal practitioners and Bar Council Rules, 1972 intravires the constitution and P.O. 46 of 1972.

The Bar Council shall complete the enrolment process of the applicants to be enrolled as advocates in the district courts each calendar year...... Bangladesh Bar Council =VS= A.K.M. Fazlul Kamir, [3 LM (AD) 132]