Etiquette Matters: BCG informs HC that 18 study sessions will be mandatory for new lawyers during first three years
The Bar Council of Gujarat (BCG) has submitted to the High Court that it has resolved to conduct a pre-enrolment orientation programme to familiarise the advocates with the expected code of conduct and etiquette in courts.
It also informed the court that a resolution has been taken to constitute a study circle in every district under the chairmanship of the principal district judge, which would meet every month to involve lawyers in discussions and interactions on various topics. The council also told the court that it would be mandatory for the advocates to participate in a minimum of six study sessions every year for the first three years after the date of enrolment.
These submissions came in response to a suo-motu PIL initiated by the High Court administration after a judgment delivered by the single-judge bench of Justice Bela Trivedi against a lawyer Girish Das for the latter's failure to conduct his case properly before the court. Justice Trivedi had directed the registry to place the matter before the Acting Chief Justice as a PIL.
The division bench of Acting Chief Justice AS Dave and Justice Biren Vaishnav, which is hearing the matter, had earlier instructed Bar Council of India (BCI) and BCG to come up with a mechanism for ascertaining the competency of a lawyer, which need not be penal in nature but should be regulatory.
BCG, in a detailed affidavit submitted to the court, has also informed the bench that its executive body in its June 29 meeting had taken suo-motu cognizance of the conduct of advocate Girish Das before Justice Trivedi and a notice has been issued to him seeking his explanation. The council also submitted that BCI, Union government, state bar councils, and high courts, have the power to frame rules concerning lawyers under the Advocates' Act, 1961.
As far as the standards of professional conduct and etiquette are concerned, BCG submitted to the court that its role is to enforce the rules framed by BCI. The council also told the court that it is vigilant with regard to the conduct of advocates before the courts.
The case
As per the case details, Justice Trivedi in her judgment pronounced on January 11 had imposed a fine of Rs 10,000 on advocate Girish Das for his failure to conduct the case of his clients and entering into useless arguments despite being issued several warnings.
The judgment provides that although the case filed by Das was related to a notice issued under the Town Planning Act, yet Das kept on arguing on the provisions of the Land Acquisition Act. It also provides that Das was completely ignorant about the facts of the case, as well as the laws applicable to it.
Expertise to be gauged
- A study circle will be constituted in every district under the chairmanship of the principal district judge
- It will meet every month to involve lawyers in discussions on various topics
- Trigger behind the submission was a suo-motu PIL initiated by the High Court administration
- HC had earlier ordered BCI, BCG to come up with mechanism to ascertain lawyers’ competence
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