Bar Council tribunals at work to weed out legal malpractice
Seven lawyers suspended so far for professional misconduct
MUHAMMAD YEASIN
Legal malpractice has reached a new high, as lawyers entrusted with finding justice often go beyond the pale of scrupulous dealings to feather their own nests.
Mosaddeque Hossain, owner of a piece of land in Chittagong city, hired two lawyersadvocates Shafiul Azam Chowdhury and Md Taslim Uddinto save his house in connection with a land-related dispute. But the lawyers connived with each other to register the land in the names of their own wives.
However, Hossain soon got the wind of what they were up to and immediately filed a petition with the Bangladesh Bar Council, seeking action against the duo for their misdeed. On October 15, a Bar Council tribunal cancelled the licences of the two lawyers.
The tribunal also suspended another lawyer enlisted with Dhaka Bar Council, advocate Minara Khatun Laki, for life for making a false bail bond. Laki had made the bail bond without filing any bail petition before the court.
An official of the Bar Council told this correspondent that many clients have levelled allegations against lawyers for professional misconduct. After scrutinising the allegations, the applications are sent to a Bar Council tribunal for disposal. Five such tribunals are now working to dispose of such allegations.
As many as 91 applications against practising lawyers have remained pending with the Bar Council for disposal. Among these, 31 are pending with Tribual-1, eleven with Tribunal-2, thirty-three with Tribunal-3, eight with Tribunal-4 and eight are currently lying pending with Tribunal-5 for disposal.
The present committee of the Bar Council has cancelled the licences of seven lawyers on charges of professional misconduct.
Dhaka Bar Council members advocate Minara Khatun Laki and advocate Abul Hasnat Bhuiyan, Chittagong district Bar Council members Md Shafiul Azam Chowdhury and Md Taslim Uddin, and Comilla district Bar Council member advocate Md Kamaruzzaman Chowdhury were banned for life. Coxs Bazar district Bar Council members advocate Md Shahjalal Chowdhury and Md Tabarak Hossain were banned for three years on charges of professional misconduct. (Pls mention sources)
However, the High Court (HC) has recently stayed the Bar Councils decision to cancel the lawyers certificates for professional misconduct following petitions, filed by these lawyers, challenging the legality of the decision.
Talking to this correspondent, advocate SM Rezaul Karim, chairman of the Bar Council Finance Committee, said that none was above law. Any person deceived by their lawyers can move before the Bar Council seeking remedy against such lawyers. After scrutinising the allegations, the council would take action against the lawyers if any fault was found as per the allegation, he added.
According to Bar Council rules, any aggrieved client can register a complaint with the Bar Council against their lawyers, in case the lawyers acted improperly or did a shoddy job. But the complainant must fill up a particular form and submit the complaint in writing. He/she must sign a complaint form and pay Tk 1,000 as complaint fee.
