The Role of Bar Council in the Legal Fraternity

17 September 2022

The Bar Council plays the equivalent role of a parent in the operation of any legal fraternity. Bar Councils are responsible for keeping a check on the activities of lawyers and law firms in their jurisdiction with regard to maintaining proper standards, ethics, and etiquette. The Bar Council can help standardize best practices and increase accountability within the jurisdiction’s legal profession. The Bar Council plays a significant role in the legal profession by regulating the legal profession, protecting the rule of law, and engaging in law reform by providing a unified voice within the legal profession.

The Bar Council has a number of functions, including:

Guaranteeing the Independence of the Legal Profession

A Bar Council’s ability to function properly is contingent on the protection of the independence of the legal profession. The Bar Council plays a crucial role in protecting the legal profession and lawyers as a whole from restrictions and infringements and maintaining the independence of lawyers by guaranteeing their right to practice without interruption. The Bar Council plays an important role in ensuring that the legal profession is free from state interference. This role is all the more critical in times of crisis or conflict, when state authorities might attempt to control or oversee the administration of justice or the legal profession in general.

Regulating the Profession and Training

An effective Bar Council guarantees that legal practitioners are properly regulated and offers training opportunities to lawyers and other members of the legal profession, such as paralegals and students. Part of regulating includes admission to the profession and creating disciplinary and enforcement procedures. Since different nations have different standards and legal education requirements, it is impossible to establish an international standard for admission. However, admittance standardization should at the very least require trainingand having real-world experience, taking a test, and a making a pledge of loyalty.

Enhancing the quality of legal education

The Bar Council has the responsibility to maintain, and enhance quality and standards in the legal education sector. The Council is to contribute to the development of a sustainable legal education system through the provision of accreditation and quality assurance services. It has the responsibility to prepare and update standards and guidelines and propose amendments to legislation that affects the legal education in the country.

Upholding the rule of law

Effective Bar Councils have a clear responsibility to protect the rule of law and uphold the rule of law as the voice of the legal profession. Taking public positions on certain issues or proposed legislation may be necessary for advancing the rule of law.

Bar Councils of different jurisdictions

United Kingdom

The General Council of the Bar was founded in 1894 in the United Kingdom and Wales as an approved regulator of barristers. It was established to give the voice of the bar attention, and its main focus is on the general public’s interests. According to the Bar Council of the United Kingdom, it exists to serve the public and contribute significantly to the efficient and effective operation of civil and criminal courts. All representational duties are handled by the General Management. The Council chooses its chairperson, vice-chairperson, treasurer, and members. The Bar Council of the UK currently seeks to achieve their 5-year strategic plan (2019-2024) of distinct measurable goals, such as respect for the vulnerable, fairness by promoting equal access to justice, integrity, excellence by empowering excellent lawyers to the Bar, and efficiency.

Maldives

Bar Council of the Maldives, established under the Legal Profession Act (no. 5/2019), supervises the legal profession and the conduct of lawyers. The Legal Profession Act (no. 5/2019) transferred the regulatory powers to the Bar Council of the Maldives, a newly established independent institution. This is the first entirely independent institution in the Maldives with voluntary membership. The main responsibilities of the Bar Council of the Maldives are to issue licenses to practice law in the Maldives, to regulate and maintain all matters relating to the practices of lawyers, to provide additional training to lawyers, to develop and manage the legal profession, and to strengthen and improve the quality of legal education in the country. The Bar Council of the Maldives has an Executive Committee and various other sub-committees. Currently, the Maldives Bar Council is planning to hold its first Bar Exam on November 19th, 2022.

India

Section 4 of the Advocates Act, 1961, established the Bar Council of India. The Bar Council of India is responsible for establishing standards of professional conduct and etiquette for advocates; establishing procedure for its disciplinary committees of each states Bar Council; securing the rights, privileges, and interests of advocates; encouraging and supporting legal reforms; promoting legal education and establishing standards of legal education; and providing legal aid to the poor and weaker sections of society. The Bar Council of India also administers the All India Bar Examination (AIBE), which grants advocates the right to practice in India’s High Courts and Lower Courts.

Conclusion

Bar councils have been given statutory powers to regulate the legal profession, to facilitate the smooth running of the legal profession. It provides the legal profession with a unified voice to maintain a high standard within the legal community.