Conduct of lawyers
A strong and disciplined, and indeed tolerant, lawyers’ community is pivotal for the progression of democracy.
Un-fortunately, the black coats have become notorious for rowdy and riotous behaviour thanks to the actions of a few troublemakers who waste no opportunity to give a bad name to the profession. PHOTO: EXPRESS/FILE
Perhaps because he is not as much in the limelight as his predecessor, or perhaps because the topic is not among those highlighted ad infinitum on the media, a speech late last month by the Chief Justice of Pakistan went relatively unnoticed. However, his words were of utmost urgency and extremely welcome.
Addressing the Pakistan Bar Council, Chief Justice Tassaduq Hussain Jilani highlighted the intolerance and ‘violent behaviour’ that has come to dominate the lawyers’ fraternity over the last few years — and called for immediate steps to address this issue. Un-fortunately, the black coats have become notorious for rowdy and riotous behaviour thanks to the actions of a few troublemakers who waste no opportunity to give a bad name to the profession — whether it is in the form of violent behaviour during protests and demonstrations or even during practising their craft. Clearly, these actors are a small minority within the profession — but, due to the prominent and pronounced nature of their acts, they have become the image that defines the lawyers’ community itself for the general public.
Though unfair in many ways, that is a harsh reality. Whether it is thrashing policemen or even threatening and assaulting judges, there have been a number of alarming cases of violent aggression by the black coats that are unbecoming of a profession that plays such a vital role in democracy and the rule of law. As for the intolerance that is seeping into the community, not many would have forgotten the open support for the assassin of the Punjab governor, who was garlanded upon his arrival for his trial, and the protests that ensued after he was found guilty of murder by the court following due process, during which he was fully defended and represented by legal counsel. To be fair, this is a trend that has come to the fore across the board in Pakistan. Yet, the legal profession is no ordinary one and necessitates closer scrutiny and being held to higher standards than most. The chief justice’s speech stressed the role that the legal community plays in building democratic institutions, as well as a pluralist and tolerant society; about how the lawyers’ community is the source of strength for the judiciary itself and can and should play a lead role in the effort to reverse this countrywide lurch towards intolerance.
More importantly, he spoke of the “high moral value” of the legal profession and the need to ensure that this is adhered to in letter and in spirit — not only in the court but outside, too. And this is where the real work lies. It is up to bar councils, the representative bodies of the lawyers, to ensure that those who do not show the discipline and conduct required of them are held accountable. Currently, as the chief justice pointed out, there are a number of such cases that remain pending with the bars and those who have shamed the profession remain unpunished. And that is where the problem lies. Until such actors are punished, their actions are receiving a tacit approval from the bars.
Holding them accountable for their actions would be a step in the right direction in the effort to fix the image of the lawyers’ community. There are other steps too — proactive ones — suggested by the chief justice. He suggested the introduction of an oath that lays out in detail the code of conduct that the lawyers must abide by, and that all new entrants into the profession must be made to take, and then strictly adhere to it. That the chief justice has spoken on such an important, yet unfortunately unspoken, problem and offered some solutions is extremely refreshing. A strong and disciplined, and indeed tolerant, lawyers’ community is pivotal for the progression of democracy. By addressing issues that plague their own house, the bars would be doing a great service not simply to their own future, but to that of the entire country.
Published in The Express Tribune, February 3rd, 2014.
Addressing the Pakistan Bar Council, Chief Justice Tassaduq Hussain Jilani highlighted the intolerance and ‘violent behaviour’ that has come to dominate the lawyers’ fraternity over the last few years — and called for immediate steps to address this issue. Un-fortunately, the black coats have become notorious for rowdy and riotous behaviour thanks to the actions of a few troublemakers who waste no opportunity to give a bad name to the profession — whether it is in the form of violent behaviour during protests and demonstrations or even during practising their craft. Clearly, these actors are a small minority within the profession — but, due to the prominent and pronounced nature of their acts, they have become the image that defines the lawyers’ community itself for the general public.
Though unfair in many ways, that is a harsh reality. Whether it is thrashing policemen or even threatening and assaulting judges, there have been a number of alarming cases of violent aggression by the black coats that are unbecoming of a profession that plays such a vital role in democracy and the rule of law. As for the intolerance that is seeping into the community, not many would have forgotten the open support for the assassin of the Punjab governor, who was garlanded upon his arrival for his trial, and the protests that ensued after he was found guilty of murder by the court following due process, during which he was fully defended and represented by legal counsel. To be fair, this is a trend that has come to the fore across the board in Pakistan. Yet, the legal profession is no ordinary one and necessitates closer scrutiny and being held to higher standards than most. The chief justice’s speech stressed the role that the legal community plays in building democratic institutions, as well as a pluralist and tolerant society; about how the lawyers’ community is the source of strength for the judiciary itself and can and should play a lead role in the effort to reverse this countrywide lurch towards intolerance.
More importantly, he spoke of the “high moral value” of the legal profession and the need to ensure that this is adhered to in letter and in spirit — not only in the court but outside, too. And this is where the real work lies. It is up to bar councils, the representative bodies of the lawyers, to ensure that those who do not show the discipline and conduct required of them are held accountable. Currently, as the chief justice pointed out, there are a number of such cases that remain pending with the bars and those who have shamed the profession remain unpunished. And that is where the problem lies. Until such actors are punished, their actions are receiving a tacit approval from the bars.
Holding them accountable for their actions would be a step in the right direction in the effort to fix the image of the lawyers’ community. There are other steps too — proactive ones — suggested by the chief justice. He suggested the introduction of an oath that lays out in detail the code of conduct that the lawyers must abide by, and that all new entrants into the profession must be made to take, and then strictly adhere to it. That the chief justice has spoken on such an important, yet unfortunately unspoken, problem and offered some solutions is extremely refreshing. A strong and disciplined, and indeed tolerant, lawyers’ community is pivotal for the progression of democracy. By addressing issues that plague their own house, the bars would be doing a great service not simply to their own future, but to that of the entire country.
Published in The Express Tribune, February 3rd, 2014.