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Islamabad, May, 05 2013 (PPI-OT):
Director General, Federal Judicial Academy;
President, High Court Bar Association, Rawalpindi Bench;
President, Islamabad High Court Bar Association, Islamabad;
Presidents and other office bearers Bar Associations in the Rawalpindi Division;
Faculty of the Academy;
Members of the Bar;
Participants of the training course;
Respected guests, ladies and gentlemen!
ASSALAM-O-ALAIKUM!
At the very outset, I would like to congratulate the participants of two one-week training courses on ‘Continuing Legal Education’ arranged by the Federal Judicial Academy in collaboration with Law and Justice Commission of Pakistan. It is a matter of immense pleasure for me to be here amongst you at the certificate awarding ceremony. The participants of these two courses are young lawyers hailing from Rawalpindi Division and initiative for this noble task was taken by the President of High Court Bar Association, Rawalpindi Bench.
2. I have gone through the programmes designed for aforesaid courses in which the participants were inter-alia addressed on the topics of Professional Ethics, Intricacies in Recording of Evidence, Constitutional Jurisdiction, Civil and Criminal Appeals and Revisions, Cyber Crime Laws, Murder Reference, Medical Jurisprudence and other Forensics, Bar Bench Relationship and Legal Writing. I am glad to note that within a short span of six days diversified topics relating to good advocacy were taught.
3. There cannot be an exception to the view that gaining of education does not end with the formal schooling, and more so for the members of legal fraternity. In order to keep pace with developing world one has to acquire knowledge and information of new laws 2 and changing trends of society. In many jurisdictions, continuing legal education for lawyers is arranged by State Bar Associations. In certain jurisdictions the continuing legal education, also termed as continuing professional development programme is mandatory.
The matter of quality legal education also came up or examination before the Apex Court and after serious deliberations it was observed in Pakistan Bar Council vs. Federal Government and others, PLD 2007 Supreme Court 394 that there was by now a broad consensus among those concerned with legal education around the world that the issue needed to be tackled not only at the academic and professional stage comprising both institutional training and practical training but also continuing legal education.
The Federal Judicial Academy, with the collaboration of Law and Justice Commission, has arranged a few courses on continuing legal education but the Bar being a larger body should also seriously ponder to formalize such trainings at Bar level by establishing institutes. The co- operation and co-ordination of judiciary in such trainings will be ensured. There can be no two opinions on the proposition that Bar and Bench are complementary to each other. A strong Bar means a strong judiciary.
4. At global stage concept of inter-professional education is evolving rapidly, the underlying idea of which involves educators and learners from two or more professions and their foundational disciplines, who jointly create and foster a collaborative learning environment. We have applied the same concept in these two training courses of lawyers at the Academy.
Keeping all these objectives in mind, establishment of a Federal University of Law and Judicial Administration (FULJA) is in the offing, as it was felt essential to create internationally compatible environment in Pakistan for promotion of justice and rule of law at regional and international sphere and to strengthen the quality of legal profession, the Bar and the Bench, to establish a habitat for the promotion of constitutional knowledge and practices, to impart training for resolution of contemporary issues and to improve the quality of education in the field of law and judicial administration.
5. When we trace evolution of modern legal profession in the subcontinent, it dates back to the year 1672 with the establishment of first British Court in Mumbai. For some time gender discrimination prevailed in legal practice and the women were not allowed to practice law. To remove the doubt about the eligibility of women to be enrolled and to practice as legal petitioners a law had to be enacted. Today I can see in this very gathering a good number of lady lawyers in their proper robes which shows that this segment of the society, having accepted the challenges of time, has fully availed the constitutional guaranties.
6. Active role of lawyers in society and administration of justice is most important and laudable. It is dynamic catalyst for change in the society. It is this community which is upholder of rule of law. Normally the lawyers strive to earn success of their clients by interpreting existing laws in addition to suggesting changes. So they are seeking the private good for their client without having any regard for public interest.
The history shows, however, that eminent lawyers struggled for public good. Even in subcontinent, before the emergence of Pakistan, the members of this community conceived the idea of independence, formation of a separate homeland and materializing the same. So they brought mammoth social change, as a result of which we are now recognized as independent state and a nation also. The common role of a lawyer is to advance lawful interests of his client and in this way his intellectual capabilities are client-centered.
This is not so when the lawyers are bent upon effecting social change. Now they act pro bano publico . They inspire and organize others for participation in social movement. This activity is expected of only highly educated intelligentia. Lawyering for social change focuses to “fight on the status-quo and provide redressal and representation to the voiceless”. Louis D. Brandeis has even termed them as “people’s lawyers”.
They are the moral activists who create a cultural shift for making a social change. The scholars have endorsed the viewpoint that using the law to effect social change is well within the lawyers’ authority, because the law reflects society’s morals and standards. To illustrate, we need not go much back in the past. In our country the judicial hierarchy at key level was disrupted by unconstitutional and arbitrary acts of an individual.
It was blatant and sheer disregard of all norms of fairness and values. It was for the first time in the legal and judicial history of Pakistan that the lawyers reacted sharply and came on the roads. This movement, as everybody knows, was not client-centered. The only objective was to restore the independence of judiciary. The novelty of this movement was that it was not politically led; rather the politicians followed and joined. The media also fully supported the movement at their end. Here, I would like to cherish comments, on record, of some notables without naming them.
“The movement… has woken up a whole generation of Pakistanis who were put to sleep”.
“The broader aspect of the movement is the dream that has been placed in the eyes of people in the form of transformed states”.
“The movement is to be judged on the qualitative changes in the mind setup of Pakistanis that we have made. I venture to think that nobody can now bring a PCO. The common man now understands what the rule of law means”. These comments are a tribute to you, the members of legal profession. This awareness was only due to lawyering by legal fraternity of Pakistan to bring about an unprecedented social change for upholding the rule of law.
7. In order, that a lawyer is respected as a professional and advisor or a catalyst of social change, he is accepted to have mastery in his profession. His conduct, not only in the court or in his office is observed and noted but also as law abiding citizen in the society leaves behind deep imprints. Whenever the superior courts enunciate a principle of law, everybody is interested to know as to who assisted the court.
8. Now, a few words of advice for the young lawyers. You should attain the standards of professional ethics and etiquettes and practice them. Proper dress and punctuality will add to your personal grace and decorum of the court. You must have skills in the art of Pleadings, Drafting, Cross-Examination and Presentation of Arguments. Advocacy is an art. And like all other arts, some have natural aptitude while others have great difficulty in mastering it. Delete the word impossible from your vocabulary. You should learn the skills and techniques of interviewing and counseling.
The advocates have certain duties towards their clients, the courts fellow lawyers and to self also. He who has no orientation of information technology is now a days treated as illiterate. You should persuade judge through arguments, without concealing material facts on record. Build and maintain your credibility as much as possible. An advocate is not a mere mouth piece of his client. However he has to make his best efforts to win points favouable to his client.
9. Judge Abbot Parry in his famous book titled “The Seven Lamps of Advocacy” referred to the qualities that make success at the Bar. And these are honesty, courage, industry, wit, eloquence, judgment and fellowship . The academia have added eighth lamp, viz tacts . To say in simple words, key to success lies in hard work. As Lord Eldon said, “that in order to become a great lawyer one should live like a hermit and work like a horse”. By adhering to the norms of professional conduct, you can enhance the esteem of the profession in the eyes of society and render valuable services towards administration of justice in which the nation is pinning much hopes.
The Bar being important stakeholders of administration of justice can help the judiciary in alleviating the miseries of the persecuted and down trodden in the society. May Almighty Allah, one of whose name is also “ Vakil ” be pleased with you.
Thank you very much and Allah Hafiz.
For more information, contact:
Shahid Hussain Kamboyo
Public Relations Officer
Supreme Court of Pakistan
Tel: +9251 920 4184
Fax: +9251 920 1001
Email: pro_scp@yahoo.com