Krish Narayan (Advocate) 16 August 2011

Ombudsman to investigate lawyers' conduct

Ombudsman for Legal Sector

Government is working on a Bill that envisages an Ombudsman to look into the complaints against lawyers and a Legal Services Board that would regulate law practices in the country. Giving this information in written reply to a question in Rajya Sabha, Shri Salman Khurshid, Minister of Law & Justice informed the House that a draft Bill titled “Legal Practitioners (Regulation and Maintenance of Standards in Profession, Protecting the interest of Clients and Promoting the Rule of Law) Act, 2010” was drafted and uploaded in the website of the Ministry of Law & Justice inviting comments and suggestions of the stakeholders. Comments are being received. Shri Khurshid said the draft Bill will be reviewed based on these comments.

As per the proposed Bill, the complaints against the legal professionals will be examined by the Ombudsman and the report of the proposed Ombudsman will be forwarded to the Disciplinary Committee of the Bar Council of the State with a copy to the proposed Legal Services Board. The Disciplinary Committee of the Bar Council shall consider the report of the Ombudsman and if such report is not accepted by the Bar Council, the reasons for rejection of the recommendations of the Ombudsman shall be explained in detail and the same shall be published in the manner prescribed by rules. This will not in any way minimize the role of Bar Councils, Shri Salman Khurshid said.

However, Clauses 30-33 of the proposed draft Bill empower the Board to issue directions to the Bar Councils in certain specified circumstances and enables the Board to approach the High Court for enforcement of the directions if the Bar Councils fail to comply.

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4 Replies

sibasish pattanayak (lawyer) 16 August 2011

HI JAYARAJAN,

every thing is possible in near future against the lawyer AS THE LAWYER ARE UN ORGANISED SECTOR, i think it is nothing but an INSULT to the LEARNED PERSONALITIES OF OUR COUNTRY BY THIS CENTRAL GOVT.

SIBASISH PATTANAYAK, ADVOCATE.

Sanjeev (Lawyer) 16 August 2011

This is not a insult but there is a need to enforce Professional Ethics among the lawyers. Its not true that all lawyers are neglient and dont respect the sentiments and problems of the litigants but its true in most cases.

I dont know how effective this Ombudsman would prove to be but Yes there is a need for controlling and re-enforcing the ethics among the lawyers.

Krish Narayan (Advocate) 16 August 2011

It is a very sensitive subject.

According to me the existing mechanism ie. regulations by Bar Councils on conduct of advocates is enough. There is no need for any Ombudsman. Lawyers cannot do their profession boldly or the litigants who are now-a-days more than an advocate, may try to exploit their advocates.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always) 20 August 2011

Due respect to lawyers who remained honest all their lives.

But, pl. permit me to record that lately law as a profession is itself turning to be more and more dishonest. It has become a business. Lawyers invent, instigate INJUSTICE.

When I analyse law per se, I see more of British, foreign in its percepts, precints than natural justice. By the way, I want to highlight that the very society, lifestyle, sciences etc that govern those societies are defective. But, all of these are having its own spell on Indian society, culture, self sustainibility, perpetuity.

In this context, I suggest, rules, clauses (13.a of x; 26 of y etc) is not every body's cup of brew. Court per se should function on natural justice, sound natural justice. Rules should be invented. For the rule book/s that we have acquired/adopted is/are NOT everything, though quite comprehensive.

I sincerely feel that the OMBUDSMAN, BAR COUNCIL etc should take ALL of lawyer's activities into its strides i.e. lawyer, who is an authority in law should be fair to all aspects of law, case: His party, opposite party, law, society, God. Lawyer can be faithful to a party but cannot take sides, influence decisions, cast himself, spoil opposite party's justice etc. As far as law is concerned, lawyer is lawyer and not party to the case or anything less or anything more or anything else. His knowledge, ingenuity, wisdom etc should get determined by his depth knowledge and not by his mischieves, cheating etc. Let it be remembered that while some litigants are loathing in comfort due to some extraneous factor that is beyond explanation, capitulation; some other litigants stake their everything, everything for sake of that JUSTICE, nothing more, nothing less, nothing else.

So, so far as the intention is not have one more governMINT body that eats up 6th pay commission authorisedly, any means is alright. Life per se is much more delight with a honest, kind, trust worthy, caring society and not with truck loads of paper/metal that is called money.