EVALUATION OF LEGAL SYSTEM IN BANGLADESH

The legal system of Bangladesh, inherited from the British, provides limited Safeguard

Chapter- one

1.1. Introduction

The legal profession is an important part in the legal administration of justice. It is impossible for the state to administer justice effectively without a well organized legal profession. The administration of justice in a legal system is run and administered by the interaction of some essential organs, as judiciary, judge, legal profession, advocates.

The legal profession occupies a very important position in the legal system as it provides the necessary legal serve both the litigants and to the courts.

With out being a well groomed lawyers well known in law and knowledge about various subjects. The court not in position to administer the justice effectively.

The common proverb is that – strong Bar begets strong Bench, that means- the efficiency of the judges depends on the efficiency of the lawyers.

The history of the legal profession is the history of struggle and in the passage of time it turns a formal stage, plays a important role in the justice system and society. Legal profession in the ancient and medieval period is very vogues and uncertain but today it possess an important part in the justice system.

1.2. Objectives of the Research

It is very important to identify the aims and objects of any research. I shall describe all the goal of this research on Evaluation of Legal Profession and its Present Position. The aims and objects of this research such as follows:

01)          To define Legal Profession.

02)          To trace out the historical background of Legal Profession.

03)          To determine the motivation of Legal Profession and its Present Position.

04)          To identify the different provisions relating to Legal Profession in Bangladesh.

05)          To suggest the recommendation this with necessary modification in the light of circumstances prevailing in our country.

06)          The ways and means to ensure Evaluation of Legal Profession.

07)          The measures, the useful adoption of which would remove the various contradictions in Legal Profession.

08)          To know the condition and limitations on Legal Profession.

09)          To find out Why Legal Profession is necessary.

Chapter: Two

Historical Background of Legal Profession

2.1 History of Legal Profession: In Ancient Greece Period

The earliest people who could be described as “lawyers” were probably the orators of ancient Athens . However, Athenian orators faced serious structural obstacles. First, there was a rule that individuals were supposed to plead their own cases, which was soon by passed by the increasing tendency of individual to ask a “friend” for assistance . However, around the middle of the fourth century, the Athenians disposed of the perfunctory request for a friend . Second, a more serious obstacle, which the Athenian orators never completely overcame, was the rule that no one could take a fee to plead the cause of another. This law was widely disregarded in practice, but was never abolished, which means that orators could never present themselves as legal professionals or expert. They had to uphold the legal fiction that they were merely an ordinary citizen generously helping out a friend for free, and thus they could never organize into a real profession with professional associations and titles and all other pomp and circumstances

Like their modern counterparts. Therefore, if one narrows the definition to those men who could practice the legal profession openly and legally, then the first lawyer would have to be the orators of ancient Rome.

2.2 History of Legal Profession: In Early Ancient Rome Period

A law enacted in 204 BC barred roman advocates from taking fees; but the law was widely ignored  the ban on fees was abolished by Emperor Claudius, who legalized advocacy as a profession and allowed the roman advocates to become the first lawyers who could practice openly— but he also imposed a fee ceiling of 10,000 sesterces. This was apparently not much money; the satires of Juvenal complain that there was no money in working as an advocate.

Like their Greek contemporaries, early roman advocates were trained in rhetoric, not law, and the judges before whom they argued were also not law-trained. But very early on, unlike Athens, Rome developed a class of specialists who were learned in the law, known as jurisconsults (iuris consulti). Jurisconsults were wealthy amateurs who dabbled in law as an intellectual hobby; they did not make their primary living from it. They gave legal opinions (response) on legal issues to all comers (a practice known as public responder). Roman judges and governor would routinely consult with an advisory panel of jurisconsults before rendering a decision, and advocates and ordinary people also went to jurisconsults for legal opinions. Thus, the Romans were the first to have a class of people who spent their days thinking about legal problems, and this is why their law became so “precise, detailed, and technical.”

2.3 History of Legal Profession: In Late Ancient Rome Period

During the Roman Republic and the early Roman Empire, jurisconsults and advocates were unregulated, since the former were amateurs and the latter were technically illegal .any citizen could call himself an advocate of a legal expert, though whether people believed him would depend upon his personal reputation. This changed once Claudius legalized the legal profession. By the start of the Byzantine Empire, the legal profession had become well-established, heavily regulated, and highly stratified. The centralization and bureaucratization of the profession was apparently gradual at first, but accelerated during the reign of Emperor Hadrian. At the same time, the jurisconsults went into decline during the imperial period .

In the words of Fritz Schulz, “by the fourth century thing had changed in the eastern Empire: advocates now were really lawyers.” For example, by the fourth century, advocates had to be enrolled on the bar of a court to argue before it, they could only be attached to one court at a time, and there were restrictions (which came and went depending upon who was emperor) on how many advocates could be enrolled at a particular court. By the 380ś, advocates were studying law in addition to rhetoric (thus reducing the need for a separate class of jurisconsult); in 460, Emperor Leo imposed a requirement that new advocates seeking admission had to produce testimonials from their teacher; and by the six century, a regular course of legal study lasting about four years was required for admission. Claudius’s fee ceiling lasted all the way into the Byzantine period, though by then it was measured at 100 solidi. Of course, it was widely evaded, either through demands for maintenance and expenses or a sub Rosa barter transaction. The latter was cause for disbarment. The notaries (tapelines) appeared in the last Roman Empire. Like their modern day descendant, the civil law notaries, they were responsible for drafting wills, conveyances, and contract. They were ubiquitous and most villages had one. In Roman times, notaries were widely considered to be inferior to advocates and jurisconsults. Roman notaries were not law-trained; they were barely literate hacks who wrapped the simplest transactions in mountains of legal jargon, since they were paid by the line .

2.4 History of Legal Profession : Middle Ages

After the fall of the western Empire and the onset of the Dark Ages, the legal profession of Western Europe collapsed. As James Brundage has explained: “[by 1140], no one in Western Europe could properly be described as a professional lawyer or a professional canonist in anything like the modern sense of the term ‘professional.  However, from 1150 onward, a small but increasing number of men became experts in canon law but only in furtherance of other occupational goals, such as serving the Roman Catholic Church as priests.  From 1190 to’ 1230, however, there was a crucial shift in which some men began to practice canon law as a lifelong profession in itself

The legal profession’s return was marked by the renewed efforts of church and state ;to regulate it. In 1231 two French councils mandated that lawyers had to swear an I oath of admission before practicing before the bishop’s courts in their regions, and a similar oath was promulgated by the papal legate in London in 1237.During the same decade, Frederick II, the emperor of the Kingdom of Sicily, imposed a similar oath in his civil courts. By 1250 the nucleus of a new legal profession had clearly formed. The new trend towards professionalization culminated in a controversial proposal at the Second Council of Lyon in 1275 that all ecclesiastical courts should require an oath of admission. Although not adopted by the council, it was highly influential in many such courts throughout Europe. The civil courts in England also joined the trend towards professionalization; in 1275 a statute was enacted that prescribed punishment for professional lawyers guilty of deceit, and in 1280 the mayor’s court of the city of London promulgated regulations concerning admission procedures including the administering of an oath.

2.5 History of the Legal profession in the Sub-continent

During the pre-British regime in India legal professionals were commonly known as Veils and Mukhtars; they asked to work under the supervision of the court and there was no institution of lawyers like the Bar Council or Bar Association as we have today. After the East India Company’s advent in India and subsequent British rule the legal profession faced many shifts in. The legal profession became disintegrated into many branches. This was because of the emergence of the two systems of administration of justice: one in the Presidency Towns and the other in the Mufassil areas. During the era of the Courts under the Charter of 1726 no specific provision was made to regulate the legal profession. With the establishment of the Supreme Court in the presidency Town of Calcutta under the charter of 1774 English Barristers and Attorneys  were allowed to practice in India under the control of the Supreme Court. The Supreme Courts in Presidency Towns were exclusive preserve for members of the British legal profession. An Indian lawyer had no right to before these Supreme Courts.

The next important legislation was the Legal Practitioners Act (act 1 of 1846) which regulated the position not only of Vakils  but also Barristers. By this law Barristers who were hitherto not entitle to practice in any court of India except the Supreme Court, were permitted to practice in any of the company’s courts. Thus under this legislation Barristers and attorneys were empowered to practice in the Company’s court while the Indian legal practitioners were not allowed to appear before the Supreme Court. After the establishment of the high courts another Legal Practitioners Act 1879 was passed which tried to consolidate and amend the existing law regarding legal profession. At This time, there were six grades of legal practitioners: Advocates, Solicitors (Attorneys) and Vakils of the High Court; Pleaders  Mukhters and revenue agents in the subordinate courts. This Legal Practitioners Act 1879 Brought all the six grades of legal practitioners into one system under the jurisdiction of High Courts. However, this Act was not a completed code of law on the subject. The control provided by this Act extended to pleaders and Mukhters of subordinate courts. It did not apply in the case of advocates, in whose case, control was vested in the several High courts by their Letters Patent.

The Indian Bar Council Act of 1926 was passed with a view to unifying the different grades of legal practitioners and to provide some measures of self-government to the profession with a unified Bar. This law took a step to remove some of the distinctions in the privileges of pleaders and Barristers. However, it did not give desired result in unification of the Bar as the power to enroll advocates continued to remain in the High Courts and the function of the Bar Councils was merely advisory. The Bar Council was not given any autonomous status.

After partition the Legal Practitioners and Bar Council Act was passed in 1965 in Pakistan to amend and consolidate the laws relating to legal practitioners and to provide for the Constitution of Bar Council. Earlier the control and discipline of the legal practitioners were at the hand of the court. So the Bench and the Bar were not separate. This Act for the first time made the legal profession autonomous in the management of its affairs, but failed to unify the legal profession in true sense by keeping Mukhters outside the ambit of the Act. Pleaders and Mukhters used to work in the subordinate court and were controlled by the subordinate courts whereas the advocates and Barristers were controlled by the High Courts.

Chapter: Three

Development and Dignity of Legal Profession.

3.1 Legal Profession:

LEGAL PROFESSION. Known as “the bar,” after the railing in courtrooms, the legal profession is the vocation of the law, and its practitioners include essentially those who hold licenses to practice law granted by states or particular courts, but also those who through legal education or vocation participate in the culture or institutions of the law. Law is a profession, and, as such, it requires special knowledge and skill acquired under the supervision of a practitioner and is subject to standards of admission and regulation by elite within the profession.

There were lawyers of various sorts in ancient Greece and Rome, but the legal profession in its current sense was a medieval invention. The development of a professional bench and bar in England began in the twelfth and thirteenth centuries, shortly after the rediscovery of the texts of classic Roman law led both to more sophisticated forms of legal education and to a more complex system of national and Church laws. In early medieval England, university instruction prepared young men to practice canon and admiralty law, while a loose band of full-time lawyers consolidated into various London houses or “inns” in which the older lawyers who plad before the Courts taught younger lawyers. These inns became the basis for both the schooling and the management of the bar. By the dawn of the American colonial era, English lawyers usually studied the liberal arts at a college or university and then studied law in one of the London Inns of Court. Scotland maintained a similar institution in the College of the Faculty of Advocates.

3.2 Definitions of Legal Profession:

2.2.1. The body of individuals qualified to practice law in a particular jurisdiction

2.2.2. A lawyer, according to Black’s Law Dictionary, is “a person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law

2.2.3. Professional judges in Cuba are elected for unlimited terms, serving until they are no longer capable or until removed by the electoral body. Persons seeking to become judges are required to pass an examination given by the Ministry of Justice …

3.3 Who is a Legal Professional?

A legal professional or practitioner called an advocate. He is an agent of his/her client and an officer of the court at the same time. An advocate has a responsibility to his client as well as to the court. According to Bangladesh Legal Practitioners and Bar Council order, 1972, section: 2(a)-“advocate” means an advocate entered in the roll under the provision of Bangladesh Legal Practitioners and Bar Council Order, (Presidents Order no 46 of 1972). .

3.4. Why Legal Profession?:

A career in the legal profession can be intellectual challenging, personally fulfilling and financially rewarding. Below are ten reasons to choose a career in the legal profession.

3.4.1. Financial Rewards:

The legal profession is one of the most lucrative industries in today’s job market. Double-digit growth in recent years has produce healthy revenues and rising salaries. Associates the nation’s largest law firms start at $ 150,000 to $ 180,000 and partners earn average salaries in excess of $ 1.2 million. Many non lawyers also reap significant financial rewards in the legal profession.

3.4.2. Client Service:

At the heart of the legal professionals role in the client service. Whether you are a lawyer representing a multinational corporate client, a paralegal assisting abused women obtain restraining orders or a law clerk researching a tax issue for a new business, the fundamental purpose of the legal profession is the help others resolve their legal problems.

3.4.3. Diverse Legal Carrier Option:

The complexities of our legal system have created hundreds of legal career options that serve a variety of core and non core legal function. From lawyers, judges and mediators to paralegals, secretaries and consultant, the legal professional’s role is expanding and evolving to keep pace with the ever-changing legal system.

3.4.4. Growth and Opportunity:

In the last several years, the legal profession has experienced staggering growth. A study rise in profits and revenues, expended headcounts and significant salary increase have provided plenty of job opportunities in a broad range of legal positions.

3.4.5. Prestige:

In a culture that views high pay, impressive schooling and societal power as hallmark of success, the legal profession has long been regarded as a noble and elite profession. This image is further boosted by the portrayal of legal career in the media as exciting, glamorous, fast-paced and desired. As a result the legal profession has held its allure and careers in the law remain is one of the most sought-after professions in today’s job market.

3.4.6. Global Perspective:

More firms and corporations are crossing international borders and expending across the globe thought mergers, acquisitions, consolidation and collaboration with foreign counsel. The globalization of the legal profession provides today’s legal professional with a world view and the opportunity to serve international clients.

3.4.7. Prosperity:

Historically, the legal profession has weathered economic downturns quite well and should do so in the future, in the part due to the growing geographic and practice diversification of many law firm. In fact, some practice areas such as litigation, bankruptcy and reorganization, residential real estate foreclosure and regulatory compliance will actual benefit from an economic slowdown. As a result, legal professionals should find plenty of job opportunities in any economic climate.

3.4.8. Intellectual Challenge:

Navigating an evolving legal system, advances in technology, vast bodies of case law and the demands of the legal profession creates a stimulating intellectual environment for the legal professional. Lawyers and non-lawyer alike must grapple with conceptually challenging issue, reason with logic and clarity, and analyze case and statutory law, research complex legal issues and master oral and written communications.

3.4.9. Dynamic Environment:

The legal professions is continually changing and evolving, bring new challenges and rewards. Legal professionals must be problem-solvers and innovators, willing to assume new responsibilities, tackle new challenges, master new technology and navigate an ever-evolving legal system. This dynamic legal landscape makes each day unique and fosters an enjoyable, fulfilling work experience.

3.5. Has Legal Profession been Developed?

The legal profession as it exists in India today had its beginning in the first years of British rule. The Hindu pundits, Muslim muftis and Portuguese lawyers who served under earlier regimes had title effect upon the system of law and legal practice that developed under British administration. At first, the prestige of the legal profession was very low. From this low state and disrepute the profession development into the most highly respect and influential one in Indian society. The most talented Indian were attracted to the study and practice of law. The profession dominated the public life of the country and played a prominent role in the national struggle for freedom. “There was no movement in any sphere of public activities educational, cultural, or humanitarian in which the lawyers were not in the forefront.”

This paper will attempt to sketch the rise of the profession from its low state during the first hundred years, to explain the source of its respect and influence, to recount its accomplishments and contributions to the national life and, finally, to suggest some factors leading to its decline.

3.6 Dignity of Legal Profession:

Legal Profession is noble, prestigious and service oriented task from time primordial from pole to pole. To erect justice through chalking out fact, lawyers take place an identical and unparallel role. It demands higher degree of devotion, determination and commitment to the entire gamut of judiciary consists of judicial officer, court staff and justice seekers. In the first world, lawyers are the real social engineers to mend robust edifice for good governance and sustainable development. We discover legal professionals are hyper active in neo-legal development in consonance with changing trend of society to uphold justice through various analogies, symbiosis, research and synchronizations of branches of law in national and international level along with multi disciplinary approach. The purported connotation of this writing is to sketch out the overall deplorable situation of dignified legal profession in the hands of so called court officers with reasons and probable recommendations to ameliorate. Once lawyering was profession of named, famed and elite of the society in our country as it involves higher degree of investment, perseverance and prudence. As social engineers, the lawyers’ community of Bangladesh has a land mark role from freedom fight to any national progressive movements like, good governance, institutionalization of democracy, politics, separation of judiciary, rule of law, etc. Among MLAs (MPAs) of Joint Front on 1954 national election, the higher percentage hailed from lawyers but it is lowest at present. This aforementioned equation provides inference about lackadaisical and mendacity of legal profession in Bangladesh. Those are by-gone episodes of book page and legal profession. Ironically, in course of time, we envisage a diametrically opposite scenario of lawyering devoid of proper legal education without minimum ethics, intellectuality and professionalism though there are some exceptions but exception can not be the example. The layering in Bangladesh substantially imbedded with jiggery-poker, chicanery, profligacy, cupidity, ignorance and so on with the entire negative omen culminated in suppression, exploitation and deprivation of skinny bony justice seekers. The popular maxims “one who does not have any alternative, he/she will be lawyer/ advocate” and “lawyers do not get bridegroom/ bride for marriage” echo the social perception about lawyering in Bangladesh. The expected parameter of legal knowledge amongst maximum lawyers is cent per percent absent .The normatic aspect of legal profession is rarely seen in the court arena. The gesture, posture and dress up of the lawyers do not carry an iota of legal professionalism. The lawyers’ pleading, argument and presentation are colossally intellectually barren, sometimes entrapped only in ‘My lord or your Honours’. But they are champion on corruption and pauperizing the marginal justice seekers without investing proper and due efforts for them. At this vicious process, they frequently haggle on the apex dignity of the Judiciary as a whole to extract money from the Downtrodden justice seekers. The common adage “lawyering is synonym of lie/false” reflects the social position of lawyers now-a-days in Bangladesh. Lawyers are hated, ridiculed and discarded by the mainstream as the accepted standard pronounced touching of tiger left 32 strokes but lawyer 64 strokes .

Chapter- Four.

Ethics and Laws Regulating Legal Profession.

4.1. Definition of Legal Ethics:

In the words of Chief Justice Marshall has observed;

“The fundamental aim of Legal Ethics is to maintain the honor and dignity of the Law Profession, to secure a spirit of friendly co-operation between the Bench and the Bar in the promotion of highest standards of justice, to establish honorable and fair dealings of the counsel with his client opponent and witnesses; to establish a spirit of brotherhood in the Bar itself; and to secure that lawyers discharge their responsibilities to the community generally.”

Griffith, Says,

He uses law and economics as a framework to investigate corporate law issues as well. His most recent publication, “Deal Protections in the Last Period of Play,” in the April 2003 issue of the Fordham Law Review, analyzes merger agreements from the perspective of theoretical economics, while a forthcoming article in the Brooklyn Law Review addresses the legal regulation of initial public offerings from the perspective of financial economics. He is currently working on a piece that applies game theory to a recent Delaware Supreme Court decision involving mergers and acquisitions.

When he first arrived at law school, Griffith was particularly intrigued to learn about the abstract foundations of the law. After serving as the Developments Editor of the Harvard Law Review, he graduated believing that he would eventually become a professor himself

4.2. Type of Legal Ethics:

Lawyers’ ethical duties divide into two sets: lawyers’ duties to the courts and lawyers’ duties to their client. When the two sets of duties conflict a lawyer’s duty to the court comes first.

Most lawyers’ duties are legal as well as ethical. Duties to the courts can be found in:

• The rulings of superior courts in cases involving professional misconduct;
• Cases about whether to order costs be paid personally by a lawyer;
• The law on abuse of process or contempt of court; and
• Decisions about lawyers’ immunities and procedural matters.

Duties to clients are derived from statute law, common law and equity. Particular duties to clients may be found in contract law through implied terms in the contract of retainer, or in equity through the construction of the lawyer’s obligations as fiduciary.

Because lawyers’ duties are ethical and legal, the enforcement system is spread between professional and regulatory bodies, such as the Law Society, Bar Association, Legal Practice Complaints Board and the courts. There is no clear division between their roles. There is little which explains the principles of punishment for breaches of legal ethics. Whether it is the duty of the regulatory bodies or the courts to deal with any breach it is almost always lawyers who review the conduct of other lawyers. Indeed, it did not go without public comment that our own Commission included no lay people.

4.3. Ethics and Public accountability

For example, a more junior practitioner may well have been able to adequately complete the task; and may encourage lawyers to ‘over-lawyer’ .

The obvious concern with a system based on billable hours is that it provides an incentive to undertake unnecessary work and to maintain inefficient ways of doing necessary work. Reducing the focus on time-costing is consistent with our recommendations, in Chapter 16, to have capped costs and lump sum costs awards

4.4. Legal Ethics Enforcement Mechanisms

Through to the option to order that costs be paid by the lawyer personally. A new penalty, similar to ‘community service’, also could be instituted where lawyers are required to undertake a specific number of hours of unpaid work. Perhaps most importantly from a public perspective, the regulatory bodies of the legal profession and of the law itself, such as the Law Reform Commission, should have a substantial representation of non-lawyers.

4.5. Professional Ethics

Section 49(1)(c) of The Advocates Act of 1961,empowers the Bar council of India to make rules so as to prescribe the standards of professional conduct and etiquette to be observed by the advocates. It has been made clear that such rules shall have effect only when they are approved by the Chief Justice of India. It has also been made clear that any rules made in relation to the standard of professional conduct and etiquette to be observed by the advocates and in force before the commencement of the Advocates (Amendment) Act, 1973, shall continue in force, until altered or repealed or amended in accordance with the provision of the Act. Apart from these some other ethical conduct requires on the part of advocates are:

He should not disobey the order requiring payment to the client. It is the duty of legal practitioner to assist the court. If he appears in the court and makes the demonstration which has the effect of interfering with the work of the court and the administration of justice, then it amounts to misconduct. It is the duty of the pleader to bring to court’s notice death of any party. An attorney is bound to honor his undertaking in his capacity as a solicitor. Lastly, it is the counsel’s right to insist on getting what is truth in the matter. Advocate and his clients: Duty towards clients

4.6. Sources of relations between counsel and client:

In India, the counsel’s relations with his client are primarily a matter of contract. The relation is in the nature of agent and principal. The agreement determines to what extent the counsel can bind his clients by his acts and statements; what shall be its remuneration, whether he will have a lien on his client’s property, etc. It is evident, however, that as counsel is also conforming to the ethical code prescribed for him by law and usage, and he cannot be a mere agent or mouthpiece of his clients to carry out his biddings.

4.7. The relationship is personal and fiduciary:

It is a relation of trust and confidence. It is confidential requiring a high degree of fidelity and good faith. In V.C. Rangadurai V. D. Gopalan, AIR 1979 SC 281;

Justice Sen. has observed that the relation between the advocate and his client is purely personal involving a highest personal trust and confidence.

1. a) It is a relationship of trust and confidence. All transactions between the advocate and his client will be watched by the Court with jealousy and suspicion. Even though the transaction is not illegal, the court will scrutinize it most closely and requires strict proof that no undue advantage has taken by the counsel of the confidence reposed in him by the client. He should avoid business with his client not only in regard to Matters in suit but also in relation to other matters. He should, for instance, neither lend nor borrow.
2. b) The advocate must keep clear and accurate account of all moneys received from and on behalf of his clients. Money collected by the counsel on behalf of the client should be promptly paid over to him. it was held in G. Naranswamy V. Challapalli, 4 IC 398: advocates has no lien on clients money.
3. c) The counsel should return papers and documents to the client the moment the case has terminated. No paper should be retained without the client’s consent. But it was held in the counsel has no doubt a lien on the papers for money due to him. For an advocate to retain the judgment of the Trial Court with the intention of getting himself engage in appeal amounts to professional misconduct.
4. d) Counsel also cannot delegate his duties without the client’s consent. The following rules in this connection occurs in the canons of The American Bar Association:

“it is not permissible or in accordance with professional etiquette for a counsel to hand over his brief to another counsel to represent him in court and conduct the cases as if the latter counsel has himself been briefed, unless the client consent to this course being taken.”

1. e) The counsel while accepting the retainer should disclose to his client any matter which might affect the relation or the client’s direction in choosing him as his counsel. He should inform him of any interest in which he may have in a matter concerning which he is employed; any adverse retainer; or anything which may, in any degree interfere with his exclusive devotion to the cause confided to him.
2. f) After engagement the counsel must not revise agreement regarding his remuneration, or, while the business in which he had been employed is unfinished, except present and gifts from the clients.
3. g) It is the duty of the advocate not to use information which has been confided to him as advocate to the detriment of the client, and this duty continues even after the relation of advocate and client has ceased.
4. h) It is the duty of advocate not to appear for two clients whose interest are in conflict.
5. i) It is the right of the client to discharge any time his advocate whom he no longer trusts or on whose skill and ability he no longer relies.
6. J) The advocate must not divulge his client’s secrets or confidences as these communications are privileged and protected under section 126 of the Indian Evidence Act.

4.8. Ethical Rules:

In the article “Ethical Rules and Collective Action: An Economic Analysis of Legal Ethics,” published in the winter 2002 issue of the University of Pittsburgh Law Review, he contends that the bar associations and the ethical codes they promulgate exist primarily to promote the collective self-interest of lawyers.

“Because lawyers, like all individuals, are motivated primarily to serve their own self-interest rather than the interests of the collective entity, in this case the bar, the legal profession must devise a means of subordinating the incentives of individual members to its collective interest,” Griffith writes. “In this way, the structure of the rules of legal ethics is determined primarily by problems of collective action.”

Lawyers face collective action problems when the possibility exists of acting in a way that will benefit them or their clients but will hurt the legal profession as a whole. According to Griffith, lawyers have strong incentives, such as financial rewards, to choose their self-interest over the collective interest. As a result, the bar establishes rules to deter individual selfishness in favor of the interests of the profession as a whole.

4.9. Laws Regulating Legal Profession:

Law, as a profession, appears to have been in vogue in Ancient  and Medieval  India though its concept was quite different from it is today. The legal profession as it exist in India today had its beginnings in the first years of British rule. The Hindu pundits, Muslim muftis and Portuguese lawyers who served under earlier regimes had title effect upon the system of law and legal practice that developed under the British administration. But legal profession will regulating following Act-

4.9.1. The Regulating Act, 1773.

The first real step in the direction of organizing a legal profession in India was taken in 1774 when the Supreme Court was established in Calcutta pursuant to the regulating Act of 1773. Clause 11 of the Supreme Court charter empowered the court “to approve, admit and enroll such and so many advocates and attorneys at law

4.9.2. The Bengal Regulations, 1793 and 1788.

The Bengal regulation VII of 1793 created, for the first time, a regular legal profession for the company’s courts. Its credit goes to Lord Cornwallis. The regulation gave power to Sadar Diwani Adalat to enroll pleaders for all company’s courts. Only Hindu and Muslim would be enrolling as pleaders. Before this the suitors could either plead their own cases personally or could appoint agents who could either be their servants or dependents or vakils who followed the profession for livelihood.

4.9.3. The Legal Practitioners Act, 1846.

The legal practitioners Act, 1846, made important innovations, namely,

1. The office of pleaders was thrown open to all persons of whatever nationality or religion duly certified by the Sadar courts.
2. Attorneys and Barristers of any of Her Majesty’s courts in India were made eligible to plead in any of the Sadar court.
3. The pleaders were permitted to enter into agreements with their clients for their fees for professional service.

4.9.4. The Legal Practitioners Act, 1863 .

The legal practitioner Act, 1863, also permitted barrister and attorneys of the Supreme Court to be admitted as pleaders in the court of eastern India Company. Thus barristers and attorneys were empowering to practice in the company’s court while the Indian legal practitioner could not appear before the Supreme Court.

4.9.5. The Indian High Court Act, 1861.

The position clearly underwent a change after the British Crown took over the administration of the country from the company in 1858. The separate system of the company court in the moffusil and the royal courts in the presidency towns were consolidated into a unified judicial system in all the three presidencies.

4.9.6. The Legal Practitioners Act, 1879.

In the course time other High Courts were established. The legal practitioners Act, 1879, were enacted to consolidate and amend the law relation legal practitioners of High court. It empower High court, not established under a royal charter, to make rules, with the previous sanction of the provincial government , as to the qualification and admission of proper persons to be  pleaders and mukhtars of the High court.

4.10. Bangladesh Legal Practitioners and the Bar Council Order 1972 (President’s Order 46 of 1972).

Bangladesh Bar Council is a corporate body constituted under the provisions of the Bangladesh Legal Practitioners and the Bar Council Order 1972 (President’s Order 46 of 1972). It admits persons as ADVOCATEs on its roll, holds examinations for purposes of such admission, and removes advocates from such roll for professional misconduct or failure to pay fees and contributions payable by them.

The Enrolment Committee consists of the following members:-

1. a Chairman to be nominated by the Chief Justice from amongst the Judges of the Appellate Division;
2. one member to be nominated by the Chief Justice from amongst the Judges of the High Court Division;
3. Attorney – General for Bangladesh;
4. Two members elected by the Bar Council from amongst its members.

The main functions of the Bar Council are – (1) to admit persons as Advocates on its roll and to hold examinations for the purposes of admission (ii) to entertain and determine cases of misconduct against Advocates and to order punishment in such cases (iii) to lay down standard of professional conduct and etiquette for Advocates (iv) to promote legal education and to lay down standard of such education in consultation with the Universities in Bangladesh imparting such education, etc .

Chapter- Five

Legal Profession in Different Countries and Comparison with Bangladesh.

5.1. Different Countries Legal Profession and Comparison with Bangladesh:

At first I want to discuss different countries legal profession then I will discuss Bangladeshi legal profession and comparison later,

5.1.1 The Legal Profession in Europe

In Europe advocates (criminal defense attorneys), prosecutors, and judges continue to view themselves as belonging to distinctly different and unequal professions, with prosecutors at the top of the hierarchy. Unlike their counterparts in the procures and, to a lesser degree the judiciary, advocates are generally not well respected within or outside the legal community. This ultimately weakens their ability to render high quality legal services to their clients or to advocate on behalf of their own profession.

5.1.2 The Legal Profession in Africa

The development of legal systems and the legal profession was greatly influenced by European or Islamic legal traditions during the period of European colonization and the spread of Islam across Africa. As a result, traditional or indigenous legal systems and modes of dispute settlement were either replaced wholesale by foreign legal frameworks or, to a lesser extent, blended with foreign legal practices. Depending on the country, the legal system in place may be an amalgam of various legal traditions. Most African states, however, have adopted the British style common law system, a civil law system modeled on the French or German systems or Islamic/Sharia law.

5.1.3 The Legal Profession in North and South America

Legal systems and the legal profession have also been heavily influenced by European models. Although indigenous legal traditions, such as the Incan and Aztec traditions, existed prior to the arrival of Europeans, these systems were eventually eliminated and European models were imposed. The legal systems in place today are chiefly civil law systems based on the Spanish and French systems. Common law systems based on the British model, however, also exist in certain regions.

5.1.1 The Legal Profession in Asia

Legal systems in Asia differ greatly. Their evolution has been influenced by many sources, including, most notably, colonialism. In many Asian countries, the rule of law is a relatively new concept and legal professionals in many countries are only now beginning to establish ties with legal professionals in other countries, in part to enhance their participation in the international arena, including international trade and commerce. Like elsewhere, corruption and lack of resources have slowed the transformation of the legal profession in many Asian countries.

5.2. In our Neighboring Country India’s Legal Profession is given below-

5.2.1. The Legal Profession in India

India has the world’s second largest legal profession with more than 600,000 lawyers. The predominant service providers are individual lawyers, small or family based firms. Most of the firms are involved in the issues of domestic law and majority work under country’s adversarial litigation system. The conception of legal services as a ‘noble profession’ rather than services resulted in formulation of stringent and restrictive regulatory machinery. These regulations have been justified on the grounds of public policy and ‘dignity of profession’. The judiciary has reinforced these principles, which can be reflected in words of Justice Krishna Iyer, when he noted, Law is not a trade, not briefs, not merchandise, and so the heaven of commercial competition should not vulgarize the legal profession. However over the years courts have recognized ‘Legal Service’ as a ‘service’ rendered to the consumers and have held that lawyers are accountable to the clients in the cases of deficiency of services. In the case of Srinath V. Union of India (AIR 1996 Mad 427) Madras High Court held that, in view of Sec. 3 of Consumer Protection Act, 1986. Consumer redressal forums have jurisdiction to deal with claims against advocates. Sec. 2 (U) of competition Act, 2002 defines the term ‘Service’ along the lines of consumer protection Act, 1986. Thus it may be concluded that legal services are becoming subject of trade related laws where consumerism and market forces should be given adequate space.

5.2.2. Changing Face of Legal Profession

Globalization brought about a revolution in international trade with increasing participation and involvement of countries & greater access to domestic economies. The implication of the same on the legal service sector has been both quantitative and qualitative. The past decade has been mini-revolution in legal service sector with the greatest legal impact on corporate legal arena Activities in project financing, intellectual property protection, environmental protection, competition law, corporate taxation; infrastructure contract, corporate governance and investment law were almost unknown before 90’s. Number of Law firms capable of dealing such work was very few. It is evident that need of professional service has been tremendous in the legal service sector. In last few years Law Firms, in house firms and individual lawyer’s expertise in providing legal services in corporate sector has increased by several times. These new Law Firms primarily engage and loan instrument, writing infrastructural contracts, power contract, drafting of project finance, contracts, finalizing transnational investment, joint venture and technology transfer contracts. This is discerning shift in the disposition of emerging legal sectors towards settling disputes through ADRS rather adversarial litigation mode of dispute resolution Globalization has thus expanded the internal and external demand for legal services. Today in legal services is on inevitable fact. At the same time significant for progressive development of legal profession in India in this era of Globalization.

5.2.3. Legal Service Sector.

The term legal services sector is completely, different type of services as compared to software programming, medical practice or other professional services. Though it is more or less protected from intrusion due to the fact that its traditional base is derived not only from statutes and the existence of statutory bodies but also from conservative and traditional mind set that inhibit development of cross border services supply. Even globally the legal services sector is necessarily shackled by jurisdictional constraints such of the requirement for a degree from the country where the service is to be imparted. Some local considerations apply only to certain aspects of legal services and not to others. Where the local considerations are important they must be preserved and exceptions made, must only for global market access. Thus on the one hand there is the need to be part of a global fraternity and to make beneficial commitments that promote trade in services and on the other hand there is need to preserve national interest.

5.3. Discussion Legal Profession of Bangladesh and Comparison with Other Countries Legal Profession:

5.3.1. Objective of Legal Education:

Immediate objectives of legal education in our country would seem to be producing law graduates equipped with knowledge of substantive and procedural laws, capable of taking active parts in the traditional justice delivery system of a state i.e. proceedings of a court. This is judicial method of dispute resolution. There are also alternative ways of dispute resolution where law graduates could play an effective role. If there is a social value of law, and law is considered an instrument of social change, law graduates and lawyers’ role in law-making, law-enforcing and law reforms, and also in taking law and justice to the doorsteps of the people, can hardly be undermined. Law has also to deal with the problems posed by modern economy, globalization and ICT. Spheres of activity of law and lawyers are constantly expanding. Objectives of legal education, therefore, need to be concretely defined with clear perspective and vision.

5.3.2. Policies and Standards of Legal Education.

To achieve the objectives of legal education, corresponding policies ought to be framed and standards laid down in order that high quality of legal education is ensured. Policies and standards relate to (a) types of law schools that are desirable and necessary to fulfill the objectives of legal education, (b) courses and programmes that correspond to those objectives and (c) the process of realization of those courses and programmes. Policies and standards of legal education are to a great extent contingent upon the priorities that the government and other relevant bodies would attach to this sector. Unfortunately government priorities in our country to this sector are discouragingly low.

5.3.3. Nature of Legal Education.

There is an old debate of legal education being academic or vocational in nature. Law is a practical social science. Its both academic and vocational nature is important. We have so far failed to combine or blend these aspects of law to create opportunities to provide quality legal education. In the universities and colleges of the common law mother country U.K. academic character of legal education predominates, while there is institutional provision for vocational legal training in the inns of bar before a law graduate can practice in the courts. We are perhaps following U.K. University and college model without subsequently providing for any vocational requirements before calling the law graduates to bar. Present system of pupilage for six months has been proved to be a failure for reasons well known to concerned persons. Recently introduced Bar Vocational Courses is commendable, but insufficient, and definitely not an alternative to institutional form of imparting practical legal training. Some law faculties of public universities have introduced some practical law courses in the form of moot court and mock trial, and drafting and convincing. They are also commendable, but insufficient. Moreover, these courses are available only in one/two law faculties. Vast majority of law colleges and law faculties have no practical courses.

Either we have to go academic in the first phase of legal education and then vocational in the second phase as in the U.K. and some other common law countries, or we have to make a blend of academic and vocational education in the existing set-up of law schools, as it is done in the U.S.A, before law graduates would be allowed to sit for bar examination. Mandatory vocational training programmed can also be thought of for the appointment of judges.

5.3.4. Clinical Legal Education.

North American concept of clinical legal education is directly related to teaching methodology. Clinical legal education is practical legal training through moot-court, mock-trial, participation of the students in ADR and in public legal education i.e. mass legal awareness programmes, chamber practice with the lawyers, counseling, participating in the conduct of life cases, short of appearing in the courts. Clinical legal education is learning through doing, or by the experience of acting like a lawyer. Hence this is experiential learning. Clinical legal education merits separate treatment, for it is not merely a methodology of teaching or learning, it is also providing service to the people and, hence, more practical and noble. Sponsored by Ford Foundation, Dhaka and Chittagong University law faculties introduced clinical legal education in mid-nineties, with encouraging success. Lack of funding has squeezed these programmes now.

The issues of students’ pre-qualification for admission to law schools, duration of law courses, evaluation and examination of the students are to be stated keeping in mind that they vary greatly depending on whether it is university faculty or law college. Unless the system is uniform, the variation is likely to continue with diverging results for legal education.

Some of these issues have been stated above. It needs to be added that in most cases there is no admission test for law colleges while in the universities one seat is contested by more than fifty candidates, in spite of the fact that minimum qualification for application for admission is second division results in both SSC and HSC or GPA 5 in SSC and HSC combined.

Evaluation and examination in public universities is by class test, tutorial, viva-voce, written examination and in some instances practical examination and submission of research paper. Questions in the written examinations are more of theoretical nature than they are problem oriented. Law colleges under the National University conduct only theoretical written examinations. To add to this plight, class-attendance requirement for sitting for the examination is almost never followed in the law colleges.

Whether it is in the universities or in the colleges, there is no effective evaluation and accountability of our teachers. While the evaluation of the teachers by the students as practiced in many North American and European countries may be considered too radical for Bangladesh, some ways need to be devised to evaluate the performance of the teachers in teaching. University autonomy has made the accountability of the teachers to higher authorities difficult to realize. Still it must be acknowledged that teachers’ performance in most cases in the universities is not discouraging. However, it ought to be better with some form of evaluation and accountability.

The concept of preparation of teaching materials by the teachers as practiced in developed countries is almost non-existent in Bangladesh. Teachers need to devote more time to the preparation of lectures and teaching materials than they do devote to the delivery of lecture itself. Under existing remunerations and emoluments of the teachers in Bangladesh, it is difficult to be more demanding of the teachers. Under existing conditions, they look for part-time jobs outside of the universities. It may be noted that even in neighboring India and Pakistan, teachers’ salaries are more than double the corresponding national pay scale.

There is no provision for training and continuing legal education for the law teachers in Bangladesh. Opportunities for the teachers for higher studies abroad with scholarship or assistantship are decreasing. It is necessary that internal opportunities be created for training of the trainers.

Chapter- Six

Present Position of Legal Profession in Bangladesh

6.1. Present Position of Legal Profession in Bangladesh:

Legal education and quality of law graduates have great impacts on the quality of judiciary – bar and bench. Not only. Legal education is also substantively relevant for other spheres of national life related to law-making and law-enforcing, governance and administration, corporate legal counseling and alternative dispute resolution. Besides, lawyers, judges and law-graduates engaged in their respective professions requiring expert understanding and application of law have an obligation before the people at large to facilitate their access to justice, not only by way of application of law, but also by promoting mass legal awareness, sensitizing people to sect oral as well as national issues, upholding and propagating, thereby, social values of law. These have great bearing on the rule of law, democracy and socio-economic development of a nation.

Importance of legal education which plays a major role in catering to the above needs, therefore, can hardly be exaggerated. It is important to know what are the law schools in the country, and how are they doing. It is also important to know what is being taught there, and who are teaching as well as who are being taught and how they are being taught. Finally, it is immensely important to know the products of law schools – the law graduates – with what legal knowledge, practical skills and values they pass out of the law schools.

There is a general consensus amongst experts and concerned persons that existing legal education in Bangladesh does not sufficiently correspond to the needs of the nation, and hence it needs to be reviewed and reformed. In the last several years, there has been lot of discussions, seminars, workshops and conferences of lawyers, judges, law teachers and students and members of the civil society, who underlined the need for such reform. There have also been institutional participations in these discussions – government, education commission, law-teachers’ association, law students’ association, bar, law faculties and colleges. Lot of constructive resolutions and recommendations has been made. These recommendations contain striking similarities as regards underlining the need for reforms and the contents of proposed reforms. Piles of files have accumulated, but alas, only for dust to settle on them!

For the first time a specialized national body like Law Commission of Bangladesh has undertaken a project for comprehensive review of legal education. It is believed this project would be able to mobilize the best minds of the country, solicit people’s interest and opinion, take a fresh view of the problems of legal education, discuss them in detail, rationalize the existing recommendations, look for new recommendations, work them out and formulate a national charter of demands for reforms of legal education, and put it before the government and relevant bodies for implementation. It is also believed, sponsorship of the project by CIDA would contribute greatly to its sustainability.

Issues and problems of legal education in Bangladesh, many of them already identified at different times in the past at different levels and by different bodies and individual experts, may be enumerated as below.

1. Objectives of legal education meaning what national goals we would pursue with the education we receive in the law schools.
2. Policies and standards of legal education which in keeping with the objectives of legal education would set the requirements and conditions of high quality of legal education.
3. Nature of legal education, shedding light on dichotomy of academic and vocational legal education.
4. System of legal education, focusing on different types of law schools which provide legal education in Bangladesh and the degrees they award.
5. Curriculum development.
6. Teaching methodology.
7. Clinical legal education which means not merely methodology of teaching, but also service to the community.
8. Students’ pre-qualifications for admission to law schools and the procedures for admission.
9. Duration of law courses.
10. Examination and evaluation of the students.
11. Qualification, recruitment and remuneration of teachers.
12. Evaluation and accountability of teachers.
13. Education and training of the teachers.
14. Teaching Materials.
15. Medium of instruction i.e. language.
16. Continuing legal education.
17. The question whether basic legal education should be introduced in secondary and higher secondary levels of our national education system.
18. Role of certain national bodies like Bar Council and University Grants Commission in legal education.
19. Whether having a national agency on legal education with sufficient monitoring and controlling power would assist in providing quality legal education.

Focus on some present condition of Bangladeshi legal profession:

Law is a dynamic and practical subject. It keeps on changing responding to the changing needs of the society. Besides, its depth and vastness can only be realized in the process of its application. Acquiring legal knowledge, therefore, becomes a life-long professional and intellectual pursuit. This underlines the need for continuing legal education for lawyers as well as judges.

Powers programmes and functions of the Judicial Administration and Training Institute (JATI) of Bangladesh may be broadened to provide compulsory continuing legal education and training to the judges of the subordinate judiciary for a considerable period time.

Bangladesh Bar Council initially introduced continuing legal education for young lawyers and law graduates. Now it has introduced Bar Vocational Courses as requirements for enrolment in the bar. This is also continuing legal education. However, the question of education and training of young and junior lawyers is still far from being sufficiently addressed. Their training needs to be institutionalized on national scale.

Bangladesh Bar Council has statutory obligation “to promote legal education and lay down standards of such education in consultation with the Universities in Bangladesh”. The Bar Council has been authorized by law to “frame rules to provide for the standards of legal education to be observed by Universities in Bangladesh and the inspection of Universities for that purpose”. So far the functions of the Bar Council have remained limited to prescribing some core subjects as part of law school curriculum, and conducting bar enrolment examination. It has the power and potential to play more guiding and supervisory role in improving the quality of legal education in Bangladesh. This power and potential may be argued to have remained largely unutilized.

University Grants Commission (UGC) plays practically no role in the academic control of the public universities. Only recently, it is exercising some academic control over private universities, including curriculum development. However, the way UGC is doing it, for example, depending on the opinion of one expert to accept or to reject syllabus of a  law school is already proving unhappy.

Existence of a national body for legal education may not be any testimony to a sound system of legal education, but having such a body would undoubtedly harness the national efforts to have one – sound and viable. Establishment of a national agency consisting of academics, lawyers, judges and representatives of the government, which would implement reforms of legal education, sustain the reforms, exercise control over quality of legal education as well as continuing legal education, therefore, merits consideration.

The issues and problems of legal education in Bangladesh are many. Considerable number of them have been raised in the present background paper. Actual facts and conditions in legal education in Bangladesh corresponding to various issues have been attempted to be stated in the paper. It is hoped and believed this would help discussions and deliberations amongst the experts and concerned persons, and solicit public opinion to take a critical view of the existing legal education in Bangladesh, and suggest reforms.

Bilingual hazards in legal education and in legal profession are well-known in Bangladesh. Neither the government nor any concerned institution in Bangladesh has so far been able to adopt any clear and bold step towards resolving this issue. Bilingual hazards, therefore, continue to linger. Only the private universities have opted for anilingual system making English the sole medium of instruction.

While bilingualism is not unworkable, anilingual system is considered more effective for imparting education.

English has occupied a very dominant position in legal education and legal profession in common law countries including Bangladesh. Its power, influence and advantages are undeniable. It has also gained prominence internationally, short of becoming international lingua-franca. However, advantages of English need to be assessed and weighed in the light of the advantages of national language. There cannot be any confusion that mother tongue is the most effective way of teaching and learning. When we speak of taking law and justice to the door-steps of general people, can there be any better alternative to mother tongue? The question of choice for language, English or Bengali, as medium of instruction becomes all the more obvious when it is universally acknowledged that Bengali is one of the major and rich languages of the world. There are also reasons to look at the issue through the prism of national obligation to nourish one’s own language and culture. This hitherto unresolved problem of medium of legal instruction needs to be resolved with clear perspective without further delay.

Chapter- Seven

Conclusion by Way of Recommendation

7.1 Conclusion

If lawyer do their job professionally, charges fairly, take only cases with merit, and treat every one with respect, they could undo a lot of the hatred out there for the profession.

In elucidating whether the lawyers litigious role and notion of professional responsibility initiate divergence from common perceptions of morality an essential starting point is too briefly . Explicate some from of understanding in rational to the moral values the lawyer’s role ostensibly subverts. In actual fact providing a definitive answer which encapsulates the various perspectives espoused in relation to the notion of common morality is a some what unfeasible task as the concept remains elusive . Nevertheless one future has remained dogmatically consent throughout the various interpretations advocates and that is the importance of the moral sense. One need only look at ancient mythology and Zeus solution to the inexorable decline of the human race, the gift of the moral sense, to gain a mesmerizing insight in to the inherent importance of morality . Although historically religious ideology provided much of the framework in relation to the assessment of moral standards it is argued that in a modern pluralistic society biblical authority no longer determines the formulation of ethical principles . Thus moral philosophy has made a number of attempts to Provide a definitive answer in relation to what the concept of morality actually embraces and its has been conveyed that moral duty “is the action which will cause more good to exist in the universe than any other possible alternative” . similarly it has been advocated that common morality gives rise to an obligation to prevent that which is bad unless that would require the sacrifice of something of comparable moral significance . Perhaps for the purposes of this discourse the notion of morality is best elucidated in term of what Esau advocate as the “moral imagination.” Taken from this vista the imagination is essential to morality because imagination is the necessary for sympathy. In this context, sympathy is freed from its usual hand-wringing connotations and taken a from of ethical understanding as the humans primary moral talent . From this perspective one is required to place oneself in the shoes of other likely to be affected by ones acts or omissions . With out this fundamental imaginative acknowledgement of other one cannot begin to reason about what is right or wrong and it is this “moral imagination” notion of common morality.

7.2 Concluding Observation and Recommendations:

Immediate need for massive reforms and overhauling of collage legal education by………

1. Extension of duration of courses from existing two years to three years with emphasis on practical course in the final year;
2. Introduction of admission tests;
3. Limiting number of seats for admission;
4. Mandatory appointment of full time teachers;
5. Provision for government financial assistance;
6. Provision for adequate infrastructural facilities like class rooms, library, books, computers etc;
7. Provision for effective supervision of the collage;

Establishment of government sponsored model law collage to set the norms and standard of modern legal education.

Evaluation and examination of students by problem oriented question.

Introduction of basic legal education at SSC and HSC levels as a part of general legal awareness, and as a stage of prequalification for higher studies in law. Ministry of education is to provide necessary directive and frame rules to incorporate fundamentals of law of the landing SSC and HSC curriculum.

Inclusion of legal education in governments policy priorities, and to undertake concrete step to improve its quality.

Formation of a council of legal education for overall control, monitoring and supervision of legal education in Bangladesh. The council will exercise its function in collaborate with the bar council and the university grants commission. Necessary law is to be enacted for the formation of the council, which is would also entail amendment of the Bangladesh Legal Practitioners and Bar Council Order 1972, in so far as it concerns legal education.

Provision for additional vocational course up to one year for law graduates as prequalification for appearing at the bar examination. How this course would be designed and run would be determine by the proposed council of legal education.

Rational combination of academic and the vocational character of legal education to make sure law graduates acquire knowledge, skill and competency for legal practice as well a law related general service. It is necessary to provide for more practical method of teaching law i.e. Socratic method, problem method, case studies, moot court & mock trial, clinical legal education etc.

Promotion of inter-disciplinary approach to curriculum to help student better understand the societal problems. Subject like national history, economic, political science, sociology, logic etc could be included in the law curriculum.

Inclusion of new law course (subject) in the curriculum to response to the needs of modern economy, ICT and globalization. Subject such as corporate law, international economic law, e-commerce, intellectual property law, environmental law, medical jurisprudence need to be included.

To include in the curriculum separate courses on ADR, legal ethics, research, drafting and conveyance.

Need for emphasizing transnational aspects of law to include more subject on public and private international law and comparative law.

To enhance human rights and gender sensibility of legal education, separate papers on these issues are suggested to be included in the syllabus.

Narrowing down the gap between collage legal education and university legal education by including more subjects in collage curriculum and extending its duration.

Introduction of clinical legal education which means learning law by providing legal service to the community. Students need to be involved in various ADR activities where they will be expose to real life situations and get opportunities to apply there knowledge of law as well as be sensitized to the rights of the marginalized sections of the community.

To preserved the present bilingual character of medium of instruction for law with an emphasis on effective learning of English.

Provision for training of the teacher.

Besides legal profession of a lawyer and a judge, to create more diversified professional jobs opportunities for the law graduates in various government and non-government departments. One of the ways to do it is to create by competitive examination BCS cadre service (legal) for law graduates to perform law related works in various government and autonomous bodies.

To provide for institutional accountability of teachers, and their evaluation by the students, details of the procedures accountability and evaluation would need to be worked out.