SPECIFIC ROLE OF ADVOCATES IN
By:
AZMATULLAH WARRAICH
Advocate High Court
Email:
azmatwarraich@ymail.com
Advocacy (Wakalat)
is a very noble profession; and those who link with this profession are also
very noble persons (advocates). It helps victim against offender, oppressed
against oppressor, and weak against stronger, therefore due to its service, it
also provide equal and full opportunity to poor and rich to put his/her case
before honourable judges without any fear and undue
influence. Hence, advocacy is essential part of administration of justice.
Meaning
of Advocate
(i) Advocate mid -
14C, " one whose profession is to plead cases in a Court of justice,"
a technical term from Roman Law, from O, Fr. avocate,
from L. advocatus "one called to aid,"
orig. pp. of advocate "to call" ( as witness or advisor) from ad-
" to" +vocare "to call,” [1]
(ii) Advocate, in law, a person who is
professionally qualified to plead the cause of another in a Court of law. As a
technical term, advocate is used mainly in those legal systems that derived
from the Roman law. [2]
(iii) A person who assists, defend, pleads or
prosecutes of another. [3]
The
role of an advocate
There are following role of an advocate in
the legal system:
1. The
right to privacy and confidentiality;
2. The
right to respect and dignity;
3. The
right to quality services;
4. The
right to information to inform decision making;
5. The
right to choice and control;
6. The
right to make and resolve complaints;
7. The
right to non-discriminatory service; and
8. The
right to protection of legal and human rights, and freedom from abuse and neglect.
Duties
and responsibilities
1. Lawyers
shall at all times maintain the honour and dignity of
their profession as essential agents of the administration of justice.
2. The
duties of lawyers towards their clients shall include:
(a) Advising
clients as to their legal rights and obligations and as to the working of the
legal system insofar as it is relevant to the legal rights and obligations of
the clients;
(b) Assisting
clients in every appropriate way, and taking legal action to protect their interests;
(c) Assisting
clients before Courts, tribunals or administrative authorities, where appropriate.
3. Lawyers,
in protecting the rights of their clients and in promoting the cause of justice,
shall seek to uphold human rights and fundamental freedoms recognized by national
and international law and shall at all times act freely and diligently in accordance
with the law and recognized standards and ethics of the legal profession.
4. Lawyers
shall always loyally respect the interests of their clients. [4]
Persons
disqualified to be enrolled as advocate
A person shall be disqualified from being
admitted as an advocate of any Court if:
(a) He
was dismissed or removed from service of Government or of a public statutory
corporation on a charge involving misconduct or moral turpitude; or
(b) He
has been convicted for an office involving moral turpitude by a Court; or
(c) He
has been declared a tout and such declaration has not been withdrawn. [5]
Civil judges, additional district and session
judges, district and session judges, and other judges who had or have removed
from judicial service due to misconduct or corruption charges, after conducting
inquiry from competent authority or forced resigned from judicial service, must
be banned from practicing as an advocate.
Economic
conditions and legal skill of Advocates
Main Fazal-I-Hussain [6] was a prominent advocate, and he had written in
his diary about legal profession on the following words:
"...In
"3....I went to Gurdaspur.
In Batala and in fact everywhere people look down
upon the Legal profession and what is worse, its future is very dark, in fact
it has no future. This is indeed very alarming to me and the remarks made by
the people are almost sickening. They are impertinent enough to tell me that I
am making a mistake in not getting some employment but what employment on earth
can I get? The sad fact that this Legal profession has no future has certainly
distressed me a good deal, but what can I do? Is the question...." [7]
Still, aforesaid economic conditions and legal
skill are also applicable to approximately 60 percent of advocates.
Legal
Education
Hamid Khan [8] wrote in his book about legal
education on the following words:
"The legal education in
Another area of importance for Bar is the
continuing legal education.
It is not enough just to obtain a law degree and a licence
to practice law. It extremely important that the lawyers keep themselves
abreast of developments that are taking place all over the world in the field
of law", [9]
However, quality of legal education must be
improved and unquestioned.
Training academy for advocates should be
built for provincial level independently. And one year training should be
compulsory for new an advocate, and on base of academy's certificate license
should be issued by the Provincial Bar Councils. However, academy will play
most effective role for betterment of legal profession, and particularly focus
on writing English, Urdu, dress, speaking, sitting, eating and about legal
ethics.
How,
does wakalat promote?
1. Legal
education must be improved and unquestioned.
2. Any
Property transfer through
3. Mutation
through patwari (Revenue Officer) must be banned, and
land revenue act must be amended, which is empowered revenue officer to pass mutation.
Patwaris have been looting and plundering simple
people of ruler area. They usually do not deposit mutation fee, corporation
fee, and capital vale tax in state treasure and in consequences mutation
cancelled. Most civil litigation has been producing by patwari.
4. According
to law, all agreement and contracts must be written by an advocate.
5. All
practioners must be banned; such as Income tax, and
sale tax practioners etc.
6. Nikah Registrar may be appointed by an advocate.
7. An
advocate, who has five year practice, may be given authority to become automatically
Notary public as well as Oath commissioner.
8. Rent
register should be appointed by concerned area advocate under supervision of
District Judge.
9. Reputed
and senior advocate should be appointed honourary
Magistrate for welfare of people for stopping torture and humiliation from
police.
10. In
every Union Council, Town Committee, Municipal committee, and District Council
should be appointed an advocate as a legal advisor.
12. An
action must be taken against those so-called fake advocates, who having fake and
forged decree of B.A. or LL.B.
13. Peace,
arbitration committee and in other committees at least one advocate should be
appointed as a member.
14. At
every police station an advocate should be appointed as a coordinator for welfare
of general public.
Interest
free loan
Interest free loan should be given to
advocates from schedule banks to one lakh to ten lakhs for office, conveyance, and for library purposes.
They are well educated citizen of
Specific
Role of Advocates in
Advocates have specific role for restoration
of the Higher Judiciary, Rule of Law, Democracy, and clear-cut stand against
Dictator. They had given scarifies of their life, liberty, reputation, blood,
breathing, family and complete loss of business. I think that there are no
words to define and narrate struggle and sacrifices of advocates for their
sacred country of
Duties
of Bar Councils
It is duty of Provincials and Pakistan Bar
Councils "to promote and suggest law reform”. [10] Law reform Commission
should be formed by bar councils on senior, experience advocates and retired
judges, who suggest law reform. It must be restoring image of legal profession
and rule of law. Hence, power has been given under the Legal Practitioners and
Bar Councils Act, 1973, to bar councils, must be used for cleaning Bar
Associations from tout, so-called fake advocate, and unwanted persons relating
to legal profession, and in consequences economic, moral, and social position,
must be improved of "Honourable Advocates".
References:
1. On line Etymology Dictionary, (C) 2010 Douglas Harper
2. http://www.britannica.com/EBchecked/topic /334873/legal-profession/65816/History
3. Black's Law dictionary; eight editions
4. http://www2.ohchr.org/english/law/lawyers.htm
5. The Legal Practitioners and Bar Councils Act, 1973: under
section 28.A
6. In 1901, Main Fazal-i-Hussain had
started his practice as an advocate in
7. Edited by Azim Hussain:
Mian Fazal-i-Hussain
Glimpses of life and works 1898-1936.
8. Hamid Khan is a Senior Advocate of
the Supreme Court of Pakistan. He was elected President, Lahore High Court Bar
Association, 1992-93, and it's Secretary, 1978-79. He served as Member, Punjab
Bar Council from 1979 to 1988, and was elected its Vice Chairman for the year
1986. He is a Member of Pakistan Bar Council, elected as such in 1990 and 1995,
and was elected as its Vice Chairman for the year 1996. He is a partner in the
Law firm, Cornelius, Lane & Mufti.
9. Hamid Khan: The Judicial Organ p.
170.
10. The Legal Practitioners and Bar Councils Act, 1973: under Section
9 and 13.