Speaker 2

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 5

*Speaker 2 (Nepal):*

4. *Legal Education and Training in Nepal*: An overview of the legal education system,
curriculum, and the role of Bar Associations in shaping legal professionals.
5. *Legal Ethics and Access to Justice in Nepal*: Examination of ethical standards within
Nepal's legal profession and their impact on access to justice.
6. *Role of Bar Association in Nepal*: A deep dive into the pivotal role played by Bar
Associations in Nepal's legal landscape.

Day 2 : *Speaker 1 (Bangladesh):*


4. *Legal Education and Training in Bangladesh*: In-depth coverage of the legal education
system in Bangladesh, accreditation processes, and the role of Bar Associations. 5. *Access to
Justice and Legal Ethics in Bangladesh*: Examination of ethical standards in the Bangladeshi
legal profession and their impact on access to justice. 6. *Role of Bar Associations in
Bangladesh*: A detailed look at the crucial role played by Bar Associations in shaping
Bangladesh's legal professionals.

"Legal Education and Accreditation in Bangladesh: Bar Associations' Integral Role"

Overview of Legal Education in Bangladesh

a. Structure of Legal Education

Legal education in Bangladesh primarily follows a hierarchical structure:

1. Undergraduate Level:
 At the undergraduate level, students pursue a Bachelor of Laws (LLB) degree,
which is typically a 4-year program. The LLB is offered by various
universities across the country.
2. Graduate Level:
 After completing the LLB, graduates can choose to pursue a Master of Laws
(LLM) degree, which is usually a 1- or 2-year program. LLM programs offer
specialization in various legal fields.
3. Professional Level:
 The Bar-at-Law course, a professional law program, is another option after
LLB. It is a prerequisite for becoming a barrister-at-law. The Bar Council
regulates and conducts this course.
4. Practical Training:
 Practical legal training, often referred to as 'pupillage,' is crucial after
completing academic legal education. It involves hands-on experience in legal
practice under the guidance of experienced practitioners.
the Bangladesh Legal Practitioners and Bar Council Order, 1972

11. (1) The Bar Council shall constitute the following standing committees namely:-
(d) a legal education committee consisting of nine members elected by the Council
from amongst its members and four co-opted by the Council from persons other than
the members of the Council at least two of whom shall be teachers of law in any
university or college in Bangladesh.
[11B. (1) Notwithstanding anything contained in any other law for the time being in
14

force or in this Order or rules made thereunder, there shall be an enrolment


committee consisting of following members for the enrolment of Advocates desiring
to practice in the High Court Division of the Supreme Court or nay other Court
subordinate to it, namely : -

(a) a Chairman to be nominated by the Chief Justice from amongst the Judges of the
Appellate Division;

(b) two members to be nominated by the Chief Justice from amongst the Judges of
the High Court Division;

(c) Attorney -General for Bangladesh;

(d) one member elected by the Bar Council from amongst its members.
27. (1) Subject to provisions of this Order and the rules made thereunder, a person
shall be qualified to be admitted as an advocate if he fulfils the following conditions,
namely:-
(a) he is a citizen of Bangladesh;
(b) he has completed the age of twenty-one years;
(c) he had obtained-
(i) [ * * * ] a degree in law from any university situated within the territory which
19

forms part of Bangladesh; or


(ii) before the 26th day of March, 1971, a degree in law from any university in
Pakistan [:
20

Provided that the Bar Council may recognise such degree obtained by such person
after the 25th day of March, 1971, if it is satisfied that he was prevented by
circumstances beyond his control from returning to Bangladesh after that date; or]
(iii) before the 14th day of August, 1947, a degree in law from any university in any
area which was comprised before that date within India as defined by the
Government of India Act, 1935; or
(iv) a bachelor's degree in law from any university outside Bangladesh recognised by
the Bar Council; or [* * *] he is a barrister;
21

(d) he has passed such examination as may be prescribed by the Bar Council; and
(e) he has paid such enrolment fee and fulfils such other conditions as may be
specified in the rules made by the Bar Council.
28. No woman shall be disqualified for admission to be an advocate for reason only of her
sex.
32. (1) An advocate on the roll may, in the manner hereinafter provided, be
reprimanded, suspended or removed from practice if he is found guilty of
professional or other misconduct.
(2) Upon receipt of a complaint made to it by any Court or by other person that any
such advocate has been guilty of misconduct, the Bar Council shall, if it does not
summarily reject the complaint, refer the case for disposal to a Tribunal constituted
under Article 33 (hereinafter referred to as the Tribunal) and may of its own motion
so refer any case in which it has otherwise reason to believe that any such advocate
has been so guilty.

the Bangladesh Legal Practitioners and Bar Council Rules 1972

60.(1) Every person shall, before being admitted as an advocatetake training regularly for a
continuous period of sixmonths as a pupil in the Chamber of an advocate whohas practised as an
advocate for a period of not less than[10 years.

Provided further that the Bar Council may exempt inappropriate cases the requirement of pupilage as
aforesaid incase of any person holding a degree in law and admittedeither as Attorney at law or a
Barrister in U.K. or U.S.A. or Australia or Canada or as an Advocate in any country fromthe SAARC
region, as the case may be.

BANGLADESH BAR COUNCILCANONS OF PROFESSIONAL CONDUCTAND


ETIQUETTE

Conduct with Regard to Other Advocates


 Uphold the dignity and high standing of the legal profession and maintain personal
dignity and standing as a member of the profession.
 Prohibited from soliciting professional employment through advertising or other
means, except for conventional listings such as professional cards or name plates with
limited information.
 Avoid employing or compensating unlicensed persons for soliciting or obtaining
professional employment and refrain from aiding or abetting their practice of law.
 Do not communicate about a subject of controversy with a party represented by
another advocate without the latter's consent.
 Avoid communicating with or arguing before a judge or judicial officer in the absence
of the opposing counsel, except in open court and on the merits of a contested
matter.
 Respect a client's proffer of assistance from additional advocates and regard it as the
client's choice rather than a lack of confidence.
 Decline association as a colleague unless the dues of the advocate first retained are
paid.
 Maintain professionalism and avoid personal clashes or unseemly behavior with other
advocates and parties involved in a case.
 Prohibit division of fees with any person for legal services except with another
advocate based on the principle of division of work as outlined in the agreement
between the advocates.
 Adhere to the order of precedence based on the Roll of Advocates maintained by the
Bar Council.
 Encourage respectful behavior from junior members towards senior members and
expect senior members to be courteous and helpful to their junior counterparts.
 Acknowledge the right of the senior member to lead the case when multiple
advocates are engaged on one side, with junior members assisting accordingly.

Conduct with Regard to Clients


 Avoid acquiring an interest adverse to a client's property or interest involved in the
case.
 Do not accept employment adverse to a current or former client, particularly related
to confidential information obtained during employment.
 Disclose any relation or interest with the adverse party before accepting professional
employment.
 Avoid representing conflicting interests.
 Refrain from purchasing property at a probate, foreclosure, or judicial sale in which
you appear for a party.
 Do not commingle the client's property with personal funds and promptly report any
money or property received on behalf of the client.
 Advise the commencement of prosecution or defense only after consulting with the
client.
 Do not advise the violation of any law, but you may challenge the validity of a law in
good faith.
 Defend a person accused of a crime, regardless of personal belief in their guilt, using
fair and honorable means within the bounds of the law.
 Be mindful of the fees charged, avoiding overestimation or undervaluation of services
based on the client's ability to pay.
 Handle controversies with clients about compensation with dignity and resort to legal
action only to prevent injustice, imposition, or fraud.
 Avoid making false claims or engaging in actions that may foster popular prejudice
against advocates.
 Maintain professionalism by not asserting personal beliefs in a client's innocence or
in the justice of their cause during arguments.
Duty to the Court
 Maintain a respectful attitude towards the court, recognizing its supreme importance
in the administration of justice.
 Provide support to judges against unjust criticism and clamor, upholding the dignity
of the judicial office.
 Ventilate grievances and seek legal redress when there are proper grounds for
complaint against a judicial officer.
 Avoid advising a person to make their testimony unavailable or misquote information
intentionally.
 Refrain from misquoting witness testimonies, arguments of opposing advocates, or
legal references.
 Exercise caution in showing marked attention or unusual hospitality to a judge,
avoiding misconstructions of motive.
 Avoid private communication or arguments with a judge about a pending case's
merits and maintain a respectful and independent professional relationship.
 Prioritize the duty to see that justice is done over securing convictions, particularly in
cases of public prosecution.
 Refrain from publications in newspapers that may interfere with a fair trial or
prejudice the administration of justice.
 Endeavor to prevent political considerations from outweighing judicial fitness in the
appointment and selection of judges.
 Protest against the appointment of unsuitable persons for judicial positions and
promote elevation based on merit and impartiality.
 Appear in court when required, making suitable alternative arrangements if
necessary.
 Refrain from offering legal opinions or arguments in cases where you are not
engaged unless called upon to do so by a judge, and when providing an opinion, do
so responsibly and impartially.
Conduct with Regard to the Public Generally
 Not accept employment with malicious intent to harass or delay any matter.
 Treat adverse witnesses and parties fairly and with due consideration, avoiding
offensive arguments or abusive behavior.
 Decline to conduct a case if it's intended to harass or injure the opposite
party, ensuring the cases have legal merit.
 Exercise the right to decline professional employment, deciding what cases to
accept based on personal responsibility and legal merit.
 Avoid providing service or advice that disrespects the law, judicial office, or
involves deception or betrayal of the public.
 Disclose representation before public officers, boards, or bodies in a
professional capacity.
 Avoid accepting employment as an advocate in matters on which the
advocate has previously acted in a judicial capacity or investigated during
public service.
 Generally refrain from engaging in other professions or businesses that could
create a conflict of interest.

You might also like