The their clients but also to the

The legal profession is different from all other professions in
that what the lawyers do, affects not only an individual, but the
administration of justice in general – which is the foundation of every
civilized society. Lawyers form the backbone of any country’s legal system and
their attitude determines both the quality of service they provide and the
swiftness in the delivery of justice. Although lawyers alone are not
responsible for all the flaws in the justice system, but they certainly play
central role. 

The lawyers fails to recognise that their duty is not just
limited to their clients but also to the courts and the society, of which they
are an integral pillar. 

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More than any other profession, the legal profession is
governed by internal checks and balances. The Pakistan Bar Council governs the
practitioners of law through establishment of rules of conduct. These rules of
conduct are then adopted, sometimes in a modified form, by courts and enforced
by court-appointed disciplinary committees or bar associations. Unfortunately,
there are hardly any situations in which these disciplinary committees or bar
associations have actually taken any action against any particular lawyer.
 

 

This failure to discipline lawyers has resulted in an increase
in lawyers who tend to become successful by pressurising the courts rather than
by arguments. The most commonly faced problem these days is that of the
regularity of strikes. Strikes are a major cause of delay in provision of
justice and a tool used by lawyers to pressurise the courts and the executive
in case of a difference of opinion. Another commonly faced problem is that of
seeking needless adjournments in scenarios where it is beneficial for one party
to delay proceedings. Judges are usually pressurised to give these adjournments
under threat of ‘dire consequences’. 

 

It is the duty of a lawyer to state the facts as he or she is
under a moral and professional duty which he owes to the courts and the
society. But mostly lawyers twist facts to mislead the court in order to
consolidate their client’s position, rather than arguing on the merits of the
case. The black sheep in this profession consider themselves more important
than the law itself. This is the reason why there is an increase in the number
of cases where lawyers have misbehaved with judges to pressurise the court to
support their stance or to bypass the law by use of threat of strikes.

 

One of the biggest problems with Pakistan’s civil and criminal
justice system is the inordinate delay in disposal of cases due to which
according to a recent survey roughly 1.8 million cases are pending adjudication
in Pakistani Courts. There are numerous reasons behind this and many
stakeholders are involved. Lawyers being both, are often blamed for most of
what is wrong with the legal system of the country. The strikes, continuances
and unnecessary applications filed by the lawyers play an important part in an
overall broken system in which the judges are overburdened. Lawyers take up
cases by promising to delay proceeding for years rather than getting a decision
in favour of their client. To achieve this, judges are threatened with strikes,
physical and verbal assaults and maligning of reputation. Time and again
incidents of judges being beaten up and courtrooms being ransacked are observed
but no action is ever taken. Such disregard of law with impunity has increases
the nuisance of lawyers and their street power is always a threat to the
judiciary and to the executive.

 

Despite all that has been mentioned, no-action is taken by the
disciplinary committees or the bar and as a result the black sheep among
lawyers repeat such actions and bring a bad name to this noble
profession. 

 

Lack of training of lawyers is a major cause of
unprofessionalism among lawyers. The real today question is that how can law
schools inculcate in students basic practice skills along with intellectual
skills and professionalism? 

 

Law schools can borrow a thing or two from medical education and
make sure that internships are compulsory. Immediately after graduation,
lawyers should spend a couple of years learning in law firms. Good law firms
should be singled out, so that they can provide practical training in
corporate, criminal, family law etc. As a result, law firms would get low-paid workers,
clients would also have to pay less and a generation of young lawyers would get
precious real-world experience. Competence in law requires the development of a
deep intellectual skill and a respect for ethical professionals – something
which this experience can teach young lawyers

 

Because Pakistan is governed by principles of common law as well
as statutes, a shallow education based on contemporary rules limits the growth
of young minds in practical and intellectual terms. When challenging issues are
to be dealt with, a lawyer who understands the development of particular laws
and has the ability to understand principles and exceptions behind the rules
will serve clients in a much better way as compared to his or her counterparts
who are skilled rote learners.