Appeal to bar council of india
Querist :
Anonymous
(Querist) 25 June 2024
This query is : Resolved
To
Bar Council of India,
New Delhi.
Subject: Urgent Action Needed to Address Frivolous Lawsuits and Unethical Practices
Dear Members of the Bar Council,
The erosion of public trust in the legal system poses a serious threat to the rule of law. A significant factor contributing to this erosion is the apparent disregard for the ethical guidelines of the Bar Council of India.
Chronic Problem: Including Baseless Claims in Legal Notices Mechanically
To investigate the root of this issue, I conducted an experiment on a legal forum (Pathlegal). In my first experiment, I asked if an advocate would draft a legal notice for a bank robber's accomplice claiming an unfair share of stolen money. Except for one advocate, the others did not express reservations about proceeding. This response made me think that perhaps the rules were not clear enough.
In response, I searched for the Bar Council's guidelines and found that they clearly define an advocate's duty towards opposing parties. To test their effectiveness, I copied and pasted these guidelines onto Pathlegal and posed a similar ethical question. Disturbingly, even after reading the clear-cut guidelines, one advocate responded by stating, "The Advocates' Code outlines the responsibilities and duties of an advocate. An advocate must maintain honesty towards their own client and remain neutral towards the opposing party." This response enlightened the root cause of the problem: the issue is not the clarity of the guidelines, but the failure of some advocates to adhere to and internalize these ethical standards.
Ethical Concerns and Recommendations
This case study underscores the need for not just clear guidelines, but also effective enforcement and education. To address these shortcomings and restore public trust, I urge the Bar Council to take the following actions:
Review and Reinforce Existing Rules:
Reaffirm the clarity of the current guidelines and ensure they are widely disseminated and understood among advocates.
Develop a campaign to educate advocates about the importance of adhering to these guidelines, emphasizing the ethical duties they owe to all parties.
Enforce Disciplinary Measures:
Implement stricter disciplinary measures with clear consequences for violations, including warnings, suspensions, and potential disbarment for repeated offenses involving baseless claims.
Enhance the capacity of disciplinary committees to investigate and act on complaints of unethical behavior promptly and transparently.
Promote Ethical Advocacy:
Strengthen ethical guidelines to more clearly define an advocate's duty to prevent frivolous lawsuits and uphold factual merit in legal proceedings.
Implement mandatory continuing education programs emphasizing ethical conduct and professional responsibility, including regular workshops and seminars.
Implement a "Pre-Trial Verification Process":
Collaborate with the judiciary to establish a procedure where advocates must verify the factual and legal basis of claims before filing, similar to Rule 11 of the Federal Rules of Civil Procedure in the United States.
Introduce penalties for advocates who repeatedly file unsubstantiated claims, including fines, mandatory ethics training, and potential suspension for repeat offenders.
Establish an Ethics Review Board:
Create a dedicated board to quickly review complaints about unethical practices, including the filing of frivolous lawsuits.
Empower this board to issue warnings, mandate additional ethics training, or recommend disciplinary action to the Bar Council.
By taking these proactive steps, the Bar Council can send a clear message about the importance of ethical advocacy. This will not only deter unethical practices but also significantly reduce the number of frivolous lawsuits clogging the court system. Ultimately, this will lead to a more efficient and just legal system for all.
I urge you to consider these recommendations seriously and take swift action to implement them. The integrity of our legal system and the public's trust in it depend on maintaining high ethical standards within the legal profession. I HAVE FILED "PETITION" ON change.org . Please support it .https://chng.it/g8T7vPVCbn
T. Kalaiselvan, Advocate
(Expert) 25 June 2024
What is the purpose of posting this message in this portal, if you have any grievances in this regard it is you who has to follow it up yourself and cannot expect anyone to give their opinions to the actions you have initiated.
