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Bhartiya No. 1 (Nationalist)     30 December 2010

Commercialisation of the legal profession????

 

Will the suggestion work in India? Plz. Have look at the news item below,

 

SC judge favours US-like entry test for lawyers

Phulbani (Orissa), Dec 29, PTI:


Expressing concern over ''commercialisation'' of the legal profession, a Supreme Court judge today mooted a proposal to introduce a test for entry into the bar level in judicial courts, as is done in the US.

   

"Legal profession was not a business. But, now it has become a business in true sense for a big section of lawyers," Justice A K Patnaik said after inaugurating the State Level Conference of All Orissa Lawyers Association (AOLA) here.

Like the US, entrance examination at Bar level should be introduced with a view to avoid over-crowding in bar, the judge said.

This could check entry of persons who did not have quality, character and efficiency to be a lawyer, he said, adding the sanctity of the profession should be ensured to strengthen the judiciary system.

He also appealed to the lawyers not to be biased by any dominating force at any point of time.       Orissa's Law Minister Bikram Kishore Arukha said that steps were being taken to open 16 more district courts and family courts to ensure early disposal of mounting cases.
The state government has also decided to open 159 evening courts at an expenditure of Rs 83 crore in the next five years.

 

https://www.deccanherald.com/content/124733/sc-judge-favours-us-like.html



Learning

 11 Replies

Suchitra. S (Advocate)     30 December 2010

Sir, though advocacy is seen as a "profession" in India, if one visits the court premises he will see huge number of advocates who are in such a pathetic state that one will wonder if they are really worth to be called as "professionals". The common picture of advocates is that they lack up to date knowledge of law, poor in computer skills which have become essential these days in this competitive and demanding work patterns, very poor in presenting themselves as professionals by appearance, and charging unreasonably from their clients.

I am also an advocate and know how important is the quality of lawyers is. It is a welcome move to have a test of quality before allowing one to enter the Bar, but I feel that is only a part of the process. Many Institutes of law have poor infrastructure, unrevised syllabus, and very poor disciplinary methods so as to produce able advocates. There is necessity to improve legal education and raise the quality of advocates but measures of implementation should be transparent and well organised.

2 Like

Surendra Singh Chandrawat (Lawyer)     30 December 2010

The proposal to introduce a test for entry into the bar level is one of the milestone in lawyers doorway to court. This will definitely avoid over-crowding of advocates in court of law and via this step the organized, educated and quality lawyer will came into being.

This will also create an environment of competition amongst freshers for showing their interpersonal legal knowledge, update, awareness, dynamism at the initial level itself. Today, where there is a great demand of excellence in legal profession will some where solute by proper implementation of this bar level exam mechanism at preliminary stage of entry. 

1 Like

Bhartiya No. 1 (Nationalist)     30 December 2010

 

Suchitra madam has depicted the right picture.

 

Even there must be grading of any professionals, be it legal or medical, on the basis of quality so that people can select their lawyers/doctors.

The other attribute/tendency of most of the people is that they discourage quality for few bucks or for short term gain, and encourages quakes, frauds and cranks.

Bhartiya No. 1 (Nationalist)     30 December 2010

 

Suchitra madam has depicted the right picture.

 

Even there must be grading of any professionals, be it legal or medical, on the basis of quality so that people can select their lawyers/doctors in a better way.

The other attribute/tendency of most of the people is that they discourage quality for few bucks or for short term gain, and encourages quakes, frauds and cranks.

1 Like

Kanaksinh P.Boda (Educationist/Lawyer)     30 December 2010

Checking at the entry point only (before admission to law degree) to ensure the quality in put will be ideal rather than giving a degree and than imposing conditions.

1 Like

Bhartiya No. 1 (Nationalist)     31 December 2010

U r right Shri K P Bodaji, 

Checking at the entry point (like their motive, intention aptitude and attitude etc) only is the only solution to not legal but other like medical professionals etc.

H.M.Patnaik (Proprietor)     31 December 2010

The experience of present day lawyers is frankly depicted by Advocate Suchitraji.

I agree that unlike any good profession , the age old profession of Advocacy needs a strong procedure for admission to the Bar.

Before talking of the filtering mechanism, one has to take care of the fact that during the course of taking a law degree or prior to that ,the mindset of future  professional s need to be honed in such a manner that by the time they enter the profession hardwork, sincerity and anxiety to keep oneself uptodate atleast in the field of practiceare part of their lifestyle .

Now a days a lot many alternative avenues are open to law graduates and therfore, the overcrowding of the profession will soon get proportionately reduced . It has to be ensured that the healthy practice of Advocates is brought to a level with cooperation of both Bar & Bench where no room is left to accomodate careless  and casual practitioners  who lack committment to their work and bring down the standard of practice to the lowest level.

Hope, with all our cooperation and committment, the profession will reach new heights.

1 Like

(Guest)

Yes, agreed Suchitra. S  ,has depicted the right picture.It is a welcome move to have a test of quality before allowing one to enter the Bar.

1 Like

Bhartiya No. 1 (Nationalist)     31 December 2010

The other problem with now days with every professionals is "GET RICH EARLY WITH MINIMUM EFFORT". even do not bother about the image and quality of work.

And this attitude is killing the instinct and ethics of a profession.

valentine thakkar (advocate)     01 January 2011

The success of any lawyer is determined and known from the number of cases he has handled. In the rat race of grabbing more cases, advocates have lost their real vision. In the good old days this profession was considered a noble profession and only the elite used to enter this profession who had money, time and ease at their disposal. This is not case case now. I have seen many lawyers throughout the country pulling clients on the road. There was a TV report about the Bombay High Court on this. This depicts the pathetic condition and sorry state of affairs of not only  of lawyers but our judiciary. Fixing in Cricket has also entered into judiciary and advocacy. It is said that the older the wine, the better. Similarly the senior the advocate, better at fixing. The Hon. Apex Court has openly declared it. Yes, it will be a good idea to take entry moral test of all lawyer. Only committed and deserving with good track record should be allowed and thereafter there should be a strict watch on their activities.

1 Like

Bhartiya No. 1 (Nationalist)     01 January 2011

Dedication and loyalty to the profession is more important than the money. Whereas money, name and fame are the by-product of dedication and  hard work.


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