Anonymous
25 June 2024 at 19:19
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
Franklyn
24 June 2024 at 21:26
Dear Sirs,
Our society of 56 members has embarked on to the process of redevelopment. Under the Directive Guidelines of Section 79A we need ¾ th members for crystalising decisions in a SGM. However, we have some members who are stationed abroad and are unable to attend meetings as frequently arranged but have given their written consent that they will go with the majority in good faith.
My query is do the 3/4th absolute number of members need to be physically present at the SGM or their written consent will do. By the way, of the 56 members 54 have given their consent for redevelopment and one member is incapacitated (in coma).
Please advise how we proceed
Thank you
Anonymous
21 June 2024 at 09:42
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 our democracy. A significant factor contributing to this erosion is the apparent disregard for the ethical guidelines that are already in place.
The 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.
Personal Experience and Systemic Flaws
Recently, I encountered a troubling situation firsthand. My tenant claimed INR 400,000 for renovations after 24 years based solely on an alleged oral agreement with my father in 1999. This claim lacks any supporting documentation and contradicts the Statute of Limitations, which prescribes a three-year limit for oral agreements. Additionally, the timing of the claim and continued rent payments further undermine its credibility. Unfortunately, such baseless claims are becoming increasingly common.
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.
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 HAVE UPLOADEDABOVE PETITION AT https://chng.it/g8T7vPVCbn PLEASE SUPPORT THIS PETITION TO ESTABLISH RULE OF LAW.
sunil dhawan
18 June 2024 at 15:56
People living in the housing society building park their vehicles forcefully in open space of front of shop loacated in the building. This causes problem to the shopkeeper. What action can we take against them and which law
Anonymous
15 June 2024 at 15:16
TO CALL A AGBM, NOTICE TO MEMBERS IS TO BE GIVEN BEFORE HOW DAYS
HOW MANY MINIMUM MEMBERS ARE REQUIRED TO BE PRESENT IN AGBM TO PASS ANY RESOLUTION
Anonymous
14 June 2024 at 11:21
Hi,
i have 2 four wheeler, one vehicle is parked in open society area and Society is not allowing 2nd car parking, in spite of available space. also they are saying i cannot interchange vehicle and only one Vehicle with registered vehicle will be allowed.
my question is following:
1. Can i go legal, in allowing society for 2nd car park.?.
2. if i have one car park, i shd be allowed to park any of two vehicle any any give point in time?
look forward to legal perspective on Society by laws.
regards
Harsh
Anonymous
12 June 2024 at 20:20
If some body is studying in delhi university and also working in government job. He get UFM in particular subject and got debarred for one year. Will he be eliminated from present government job due to debarred in university???
Anonymous
11 June 2024 at 17:12
Respected sir,I am selected in a govt job where in attestation form they are asking about
1.) The state which I belongs and
2.) My permanent address
Sir,my question is that place 1 and place 2 can be different?
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