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INSTITUTIONAL REFORM

Bangladesh Bar Council A call for urgent reform
MD. BAHAUDDIN AL IMRAN
Reform is no longer optional but a crucial necessity for institutions, and the Bangladesh Bar Council is no exception. As the body responsible for certifying and regulating the legal profession, the Bar Council operates under the Bangladesh Legal Practitioners and Bar Council Order 1972. However, this regulatory framework has not kept pace with modern legal education or the evolving needs of the legal professionals.
To ensure its relevance and maintain the rigor of legal training, it is imperative that this system is updated. For years, law students, young advocates, and even seasoned practitioners have raised concerns about the Council’s operations, from alleged corruption in the certification process to inefficiencies in its examination processes. The lack of transparency and fear of retaliation has stifled open discourse, but it is clear that the issues go beyond examinations—extending to apprenticeships, professional development, and the overall regulatory framework.
To build a strong legal profession, the Bar Council’s role should begin at the academic level. Legal education institutions and the Council must collaborate through at least two annual seminars on each campus. These seminars would serve to bridge the gap between academia and the bar, offering to potential lawyers vital insights into professional expectations and ethics.
Moreover, the curriculum for law degrees must be standardised to a four-year duration across all institutions, with uniform emphasis on technical legal terminologies. Upon completion of the LLB, law schools should be obligated to promptly submit graduate lists to the Bar Council, streamlining the intimation processes. This would ensure that all aspiring advocates are entered into the professional pipeline in an organised and timely fashion.
The transition from academic life to professional practice has always been an extremely challenging period for law graduates. To ease this transition, the Bar Council should implement an online profile system for all law graduates who submit their intimation forms. This profile would be maintained and updated by both the individual and the Council, ensuring transparency and a streamlined administrative process.
In addition, a fixed age limit for entry into the legal profession must be established. Examinations, both practical and theoretical, should follow a clear, predetermined annual calendar, and the same should apply to permissions to practice in the High Court Division. The Bar Council should also monitor senior advocates to ensure compliance with existing rules, including mentoring at least four junior advocates and providing reasonable stipends. These stipends could be tax-deductible, thereby incentivising senior advocates to fulfill their obligations.
A comprehensive code of conduct governing the behavior of both seniors and juniors is essential. This code must emphasise mutual respect, professionalism, and a harassment-free work environment, especially for the female apprentices. The Bar examination process is plagued with allegations of corruption and inefficiency. To restore credibility, the exam system should be administered by members of the Bangladesh Judicial Service, who are better equipped to ensure impartiality. Furthermore, the Bar Council should introduce penalties for unethical behavior during exams and implement a transparent process for reviewing exam papers at a reasonable fee. Results should be published on individual profiles, making the examination process more transparent and accountable. These reforms will help address the widespread mistrust in the current system.
The financial burden on newly qualified lawyers is considerably high. To alleviate this, the Bar Council should introduce flexible payment schemes for the benevolent fund, allowing young advocates to pay in installments. Furthermore, conditional grants or interest-free loans should be made available for the purchase of essential legal texts and professional clothes.
Compulsory training for newly enrolled lawyers must be standardised, with successful candidates eligible for further training opportunities abroad. Specialised courses on emerging areas of law should also be offered, taught by experienced judges and senior advocates, ensuring continuous professional development. Reminders of benevolent fund dues and other financial obligations should be automated, ensuring timely payments and uninterrupted professional practice.
Professional conduct must also be rigorously enforced. The Bar Council should introduce a summer dress code and monitor adherence to formal legal attire, preventing misuse of the advocate’s uniform in non-professional settings. Additionally, all lawyers with five years of experience should be required to handle at least two pro bono cases per year, with certificates and awards given to encourage this practice.
The governance of the Bar Council must become more accountable. Elected members are duty-bound to attend committee meetings, and absenteeism must not be tolerated. Whether on executive, financial, or education committees, members must actively participate in decision-making. The Bar Council should not serve as a platform for political maneuvering but must focus on its core mandate: the regulation and advancement of the legal profession.
The Bangladesh Bar Council stands at a pivotal juncture. It can either remain in the loop of the outdated framework, or it can seize the opportunity to reform and adapt to the evolving demands of the 21st century. The future of the legal profession, the integrity of the rule of law, and the future of public confidence in our institutions hinge on this transformation. These reforms are not merely desirable—they are imperative and long overdue.
The writer is Advocate, Supreme Court of Bangladesh.
The Bangladesh Bar Council stands at a pivotal juncture. It can either remain in the loop of the outdated framework, or it can seize the opportunity to reform and adapt to the evolving demands of the 21st century. The future of the legal profession, the integrity of the rule of law, and the future of public confidence in our institutions hinge on this transformation. These reforms are not merely desirable—they are imperative and long overdue.