Retired judges continue to break bar on using past titles
Chief justice’s instructions, bar rules being violated.
“A person looking to hire a lawyer must think, ‘He’s been a judge, so he must know things which will help me win this case’,” says Advocate Makhdoom. PHOTO: FILE
LAHORE:
Lawyers continue to ignore bar rules and express instructions from the chief justice of Pakistan not to attach past designations to their names in professional usage.
At a meeting of the National Judicial Policy Making Committee meting in Quetta in June 2010, Chief Justice Iftikhar Muhammad Chaudhry instructed practising lawyers to observe Section 174-A of the Pakistan Legal Practitioners and Bar Council Rules of 1976. Upon the committee’s instructions, on July 5, 2010, the Pakistan Bar Council asked all the bars in the country to instruct their members not to use former designations.
This reads: “No advocate will use his previous designation or post such as ‘retired justice’, ‘ex-judge’, ‘retired general’, ‘ex-attorney-general’, ‘ex-advocate-general’, or use any former designation, post or calling in any manner whatsoever, as prefix or suffix, either on letter-heads, nameplates, signboards, visiting cards or in any form during the period of his/her practice as an advocate at any time.”
But it remains common for retired judges to advertise their previous designations when they return to the practice of law. Talking to The Express Tribune, some lawyers said that they did so because it implied special access to the inside world of the law.
“A person looking to hire a lawyer must think, ‘He’s been a judge, so he must know things which will help me win this case’,” said Advocate Tipu Salman Makhdoom. “That’s why these retired judges feel they need to trade in their bench experience, though being a judge does not necessarily make you a better lawyer.”
Makhdoom said that apart from putting junior lawyers at a disadvantage in a competitive business, the practice was against bar rules and could be punished under Section 175-A of the PLBCR.
This reads, “Non observance or violation of the canons of professional conduct and etiquette mentioned in this chapter by an advocate shall be deemed to be professional misconduct making him liable for disciplinary action.”
Makhdoom added: “Even bar representatives themselves are breaking this rule. Go to Fane Road or Turner Road and look at the lawyers’ signboards. They are clearly violating Section 174-A.”
There are numerous examples at the lawyers’ offices around the Lahore High Court building. Here are some of them: Hafiz Ahsan Ahmed Khokhar Advocate, former Pakistan Customs, Central Excise and Sales Tax Appellate Tribunal chairman; Advocate Rai Attique Ahmed Bhatti, retired additional district and sessions judge; Justice (r) Mian Muhammad Najam-uz-Zaman Advocate; Chaudhry Muhammad Lehrasib Khan Gondal, Punjab Bar Council member and former Punjab Bar Council vice chairman; Chaudhry Pervaiz Iqbal Gondal Advocate, Punjab Bar Council member; Rai Muhammad Zafar Bhatti Advocate, sessions judge/special anti corruption judge (retired); Chaudhry Muhammad Zafarullah Sarra Advocate, sessions judge (retired); Khalid Mian Advocate, district and sessions judge (retired), former Labour Court Punjab chairman and former Drug Court Punjab chairman; Syed Muhammad Rafique Shah, central district and sessions judge, special anti corruption judge, and banking court judge (retired); Masood Mirza Advocate, former deputy attorney general of Pakistan; Malik Latif Ali, retired sessions judge and former Punjab law secretary; Advocate Wajihuddin Pervaiz, retired Pakistan Railways additional general manager; former Justice Sayed Zahid Hussain Bukhari Advocate; Justice (r) Muhammad Muzzamil Khan; Justice (r) Mian Muhammad Najamuzzaman Advocate; and Khan Talib Hussain Baloch Advocate, former district and session judge, anti corruption judge and banking court judge.
One of the above mentioned advocates claimed not to be aware of having committed a violation or of the bar ever instructing him to stop using his former designation.
Published in The Express Tribune, March 4th, 2013.
Lawyers continue to ignore bar rules and express instructions from the chief justice of Pakistan not to attach past designations to their names in professional usage.
At a meeting of the National Judicial Policy Making Committee meting in Quetta in June 2010, Chief Justice Iftikhar Muhammad Chaudhry instructed practising lawyers to observe Section 174-A of the Pakistan Legal Practitioners and Bar Council Rules of 1976. Upon the committee’s instructions, on July 5, 2010, the Pakistan Bar Council asked all the bars in the country to instruct their members not to use former designations.
This reads: “No advocate will use his previous designation or post such as ‘retired justice’, ‘ex-judge’, ‘retired general’, ‘ex-attorney-general’, ‘ex-advocate-general’, or use any former designation, post or calling in any manner whatsoever, as prefix or suffix, either on letter-heads, nameplates, signboards, visiting cards or in any form during the period of his/her practice as an advocate at any time.”
But it remains common for retired judges to advertise their previous designations when they return to the practice of law. Talking to The Express Tribune, some lawyers said that they did so because it implied special access to the inside world of the law.
“A person looking to hire a lawyer must think, ‘He’s been a judge, so he must know things which will help me win this case’,” said Advocate Tipu Salman Makhdoom. “That’s why these retired judges feel they need to trade in their bench experience, though being a judge does not necessarily make you a better lawyer.”
Makhdoom said that apart from putting junior lawyers at a disadvantage in a competitive business, the practice was against bar rules and could be punished under Section 175-A of the PLBCR.
This reads, “Non observance or violation of the canons of professional conduct and etiquette mentioned in this chapter by an advocate shall be deemed to be professional misconduct making him liable for disciplinary action.”
Makhdoom added: “Even bar representatives themselves are breaking this rule. Go to Fane Road or Turner Road and look at the lawyers’ signboards. They are clearly violating Section 174-A.”
There are numerous examples at the lawyers’ offices around the Lahore High Court building. Here are some of them: Hafiz Ahsan Ahmed Khokhar Advocate, former Pakistan Customs, Central Excise and Sales Tax Appellate Tribunal chairman; Advocate Rai Attique Ahmed Bhatti, retired additional district and sessions judge; Justice (r) Mian Muhammad Najam-uz-Zaman Advocate; Chaudhry Muhammad Lehrasib Khan Gondal, Punjab Bar Council member and former Punjab Bar Council vice chairman; Chaudhry Pervaiz Iqbal Gondal Advocate, Punjab Bar Council member; Rai Muhammad Zafar Bhatti Advocate, sessions judge/special anti corruption judge (retired); Chaudhry Muhammad Zafarullah Sarra Advocate, sessions judge (retired); Khalid Mian Advocate, district and sessions judge (retired), former Labour Court Punjab chairman and former Drug Court Punjab chairman; Syed Muhammad Rafique Shah, central district and sessions judge, special anti corruption judge, and banking court judge (retired); Masood Mirza Advocate, former deputy attorney general of Pakistan; Malik Latif Ali, retired sessions judge and former Punjab law secretary; Advocate Wajihuddin Pervaiz, retired Pakistan Railways additional general manager; former Justice Sayed Zahid Hussain Bukhari Advocate; Justice (r) Muhammad Muzzamil Khan; Justice (r) Mian Muhammad Najamuzzaman Advocate; and Khan Talib Hussain Baloch Advocate, former district and session judge, anti corruption judge and banking court judge.
One of the above mentioned advocates claimed not to be aware of having committed a violation or of the bar ever instructing him to stop using his former designation.
Published in The Express Tribune, March 4th, 2013.