Bar Council recommendations timely, sensible

The Bar Council of India (BCI) must be complimented for suggesting strong measures to tackle indiscipline and other forms of irresponsible conduct by practising lawyers. lawyers form the backbone of the country's legal process and their attitude determines both the quality of service they provide as well as swiftness in the justice delivery system. It may be that lawyers alone are not responsible for delays in the justice system, as there are many other factors, but they certainly play an important role. The penchant to strike work, to delay hearing by seeking needless adjournments, to advise clients to exploit legal mechanisms to avoid as far as possible the delivery of justice, have brought the lawyer community a bad name. Besides, there have been cases where ‘fake' lawyers — those who had no licence to practise even or were convicted for crimes they committed — have come to light. Such has been the extent of disruptions and irregularities on account of lawyers' behaviour that the Bar Council of India had to study the matter and file a comprehensive report with the law Commission of India. The BCI's input should help the law Commission, which is in the process of drafting amendments to the Advocates Act based on a reference the Supreme Court had made to it. The BCI is unambiguous in its recommendation, saying, for instance, that “no association of advocates or any member of the association, either individually or collectively, shall boycott or abstain from court work or cause obstruction in any form in the court's functioning… nor shall individually or collectively give a call for such boycott or abstinence from work during court hours”". The inference is clear: Many lawyers have been conducting themselves in a fashion detrimentalto litigants and orderly behaviour.

There is no denying that many lawyers are committed to the cause of justice and have been working diligently. There are those who are into positive activism too, often taking up cases of the marginalised and the deprived for free. Unfortunately, there are also so-called lawyers who do not deserve to be practising even. A BCI member has opined that nearly 40 per cent of the 21 lakh lawyers registered with the Council across the country are “fake”. This is shocking: Imagine the number of litigants that are being taken for a ride by these frauds. The BCI's suggestion that lawyers found to be guilty of professional misconduct — misleading their clients or giving wrong advice in the full knowledge that they are making an error, or indulging in other forms of professional wrongdoing — should be heavily fined and be made to pay a hefty compensation to the litigant. But while these are welcome steps that should be incorporated in the Advocates Act, one real problem is politicisation of the lawyer fraternity. Political inclinations are understandable but they cannot be used to obstruct the justice delivery system. Sadly, lawyers have taken to the streets too often, at times indulging in violence.