Ethics Bar Council Bangladesh

ETHICS
The bar Council was established under art. 2(b) of the Bangladesh Legal Practitioners and Bar council 1972
(also known as Presidential Order no. 46 0f 1972. It has 46 Articles.
No. of Members of Bar council:

- total 15 members
- 14 elected members and the AG (ex-officio), who is also the chairman of the Bar council
- The Vice chairman is elected from amongst the 14 elected members of the Bar council.
- of those 14, 7 are elected from the advocates under the roll of the Bar Council
- The remaining 7 are elected from the advocates of the 7 local Bar Associations of Bangladesh.
- The secretary of the Bar Council is assigned by the Bar Council in a paid position.
Bar Council Standing Committees (Art.11):

There are 4 Committees:
1. Executive Committee 2. Finance committee 3. Legal Education Committee 4. Enrolment committee.
Art. 11 describes the functions of these Committees
Enrolment Committee:
Enrolment Committee has 3 members, according to the Bangladesh Legal Practitioners and Bar Council
Amendment Act 2011 (previously had 5 members according to A.11(b) of the 2011 Act)
Presently, 1 chairman and 1 member are selected by the chief justice from amongst the judges of the Appellate
Division, and the other 1 member is the Attorney General of BD; ((before the amendment, 2 more members
used to be elected from the members of the Bar Council)).
Finance Committee and Executive Committee:

Both committees have 5 members, and all are elected by the council from amongst its members.
Legal education committee:

Has 9 members, 5 elected by the council from among its members. 4 appointed from outside the council, 2 of
whom must be law teachers in any Bangladeshi union or college.
Power to form more committees:

Under Rule 75A, of the Bar Council Rules, 1972, the Bar Council may constitute the following additional
committees-
Reform, Human Rights, Legal Aid, House, Relief, Roll Publication and the Complaint and Vigilance
Committees.
Location of the Bar Council:

Currently situated in P.S.- Shahbag
Benevolent Fund:
A fund for all advocates, which can only be availed only if a person became an advocate before 40 years of
age.
Other provisions:
Art.5 – constitution of the Bar Council
Art.6- How the portfolio is distributed
Art.10- Functions of the Bar Council
Misconduct by Advocates (art. 32 & 33)

The Bar Council has laid down certain Canons of Professional Conduct and Etiquette under A.10 of the 1972
order, and by failing to follow them, an advocate may commit a ‘misconduct’.
Misconduct of advocates under the roll of Bar Council is dealt with by a special tribunal constituted by the
Bar Council under A.33(1) of the 1972 Order.
A.32(1) - mentions the penalties the tribunal can impose on advocates for misconduct; as follows:
-Reprimandation
-Suspension from practice
-Removal from practice
Complaint
Complaint may be brought against advocates by any person in general, and under Art.50 of the 1972 Order,
The Bar Council may suo moto (on its own motion) bring a complaint against an advocate.
Operation of the Bar Council Tribunal

Bar Council Tribunal constitutes of 3 members, 2 elected from members of the Bar Council, and other
appointed from the Advocates under its roll. The most senior advocate among the 3 shall be chairman of the
tribunal.
- Functions of the tribunal are mentioned in A.34, whereas A.35 mentions powers of the tribunal with regards
to their enquiries
- Appeals from the tribunal must be made to the High Court
- The attorney general cannot be a member of the tribunal
- The chairman of the tribunal is empowered to frame issues and record evidence
- If the complaint if found to be petty, the tribunal may order compensation of Tk. 500/- to be paid to the
advocate.
- Any costs/ compensation awarded by the Bar Council Tribunal may be executed at the High Court Division.
Bar Council Law Journal:

The Law Journal published by the Bar Council is known as the BLD, and stands for Bangladesh Legal
Decisions.
Bar Association:
Bar Association refers either to the Supreme Court Bar Association or any of the Local Bar Associations, e.g.
the Dhaka Bar Association.
Elections in Bar Associations happen once every year
Advocate (defining & enrolment):

A.2(a) - According to the Bar Council Order, 1972, an Advocate is any person who has been enrolled under
the roll of the Bar Council in accordance with the Order.
In order to be enrolled as an advocate, a candidate must be 21 years old and a citizen of Bangladesh
To be enrolled as an advocate, a candidate must complete a 6 months intimation period under a senior
advocate of a least 10 years’ experience, and must prior to the enrollment exam, duly submit his intimation
paper and fill up at the enrollment form.
The Cannons of Professional Conduct and Etiquette:

The canons consist of 4 chapters, namely – duties with regards to other advocates, conduct with regards to
clients, duty to the court and conduct with regards to public generally.
There are 42 sections in total, which is arranged as follows:
- conduct with regards to others advocates: 11 sections
- conduct with regards to clients: 14 sections
- duty to the court: 9 sections
- conduct with regards to public generally: 8 sections
Chapter -1 Duties of the Advocate:

1. Duty to uphold the dignity and high standing of himself and his profession.
2. Duty not to solicit professional employment by advertisement or by any other means. (exceptions:
professional cards; name plates containing academic qualifications etc).
3. Duty not to employ or remunerate anyone for soliciting work or obtaining professional employment; nor
share/aid/abet an unlicensed person to practice law.
4. Duty not to communicate with a party represented by another Advocate regarding a controversial matter,
without his consent.
5. Duty not to communicate or argue with a judge/judicial officer in the absence of the opposing lawyer
regarding the case (except exparte hearings).
6. If a client wants to hire another advocate, that doesn’t necessarily mean that he has lost confidence in the
first advocate, but the second advocate should deny association unless the fees of the first advocate has been
paid.
7. Duty not to be influenced by client disputes, and personal clashes between advocates should be avoided.
8. Fees should be divided between advocates based upon the principle of division of work as expressed in the
agreement between the Advocates.
9. Duty to maintain and uphold the order of precedence (seniority) in accordance with the Roll of Advocates
maintained by the Bar Council.
9. Advocates must maintain and uphold the order of precedence (seniority) in accordance with the roll of
advocates maintained by the Bar Council.
10. Junior and younger members should always be respectful to senior and older members, who in turn,
should be courteous and helpful to their junior members.
11. Where more than one Advocate is engaged, the senior member will lead the case and the junior members
will assist him.

Chapter -2 CONDUCT WITH REGARD TO CLIENTS
1. An Advocate shall not acquire any adverse interest over the client's property.
2. An Advocate shall not accept employment adverse to a client or former client.
3. An Advocate shall not accept professional employment without first disclosing his relation, if any, with the
adverse party, and his interest, if any, in the subject matter of such employment.
4. An Advocate shall not represent conflicting interests.
5. An Advocate shall not participate in any judicial auctions of property involved in the proceedings where
he appears for a party or cannot receive client property as reward/remuneration.
6. An Advocate shall not commingle the property of a client with his own and shall promptly report if he
receives any client money.
7. An Advocate shall not advise the commencement of prosecution/defence of case, unless it is proper to do
so
8. An Advocate in his professional capacity shall not advise the violation of any law.
9. Advocates have a right to defend any person regardless of his personal opinion as to the guilt or
innocence, of the of the accused; he shall present the defense by all fair and honorable means.
10. Duty not to charge excess fees. Fee should be determined based on time, labour, skill, and difficulty of
work involved. In respect of the widows and orphans of an Advocate, all Advocates shall assist them free of
charge.
11. Controversies with clients concerning remuneration should be avoided.
12. Must not assert in argument his personal belief in his client’s innocence or in the justice of his cause. His
professional duty is strictly limited to making submissions at the Bar consistently with the best interest of his
client within the confines of the law. He must not allow fear of judicial disfavor or public unpopularity to
prevent him from the full discharge of his duty.
13. Duty to withdraw from a case if the advocate becomes a witness in the proceedings.
14. Advocates must not allow clients to limit their discretion regarding the conduct of the proceedings.
Chapter 3 - DUTY TO THE COURT

1. Duty to maintain a respectful attitude towards the courts.
2. An Advocate shall not advise a material witness to conceal himself in order to avoid giving oral testimony
3. An Advocate shall not intentionally misquote to a judge the testimony of a witness/ arguments of the
opposing Advocate/ contents of a document/ language of a book,/statute/ decision; must not cite any
decision/statute that has been overruled/repealed/declared unconstitutional.
4. Marked attention and unusual hospitality to a judge or judicial officer must be avoided. An Advocate
should not communicate or argue privately with the judge as to the merits of a pending cause.
5. The primary duty of an Advocate engaged in public prosecution is not to convict, but to see that the justice
is done.
6. Publication in newspapers by advocates may harm trial and hence should not be done generally, but if it is
done, then it is unprofessional to do it anonymously.
7. Advocates must try to prevent political considerations from outweighing judicial fitness in the appointment
and selection of Judges.
8. Duty to appear in court when a matter is called and if it is not possible, to make satisfactory alternative
arrangements.
9. Duty to refrain from volunteering his legal opinion/ address any arguments in cases in which such Advocate
is not engaged unless called upon to do so in open court by a judge/ judicial officer. In advancing any such
opinion, he must do so with responsibility and impartiality without any regard to the interest of any party.
Chapter - 4 - CONDUCT WITH REGARD TO THE PUBLIC GENERALLY

1. An Advocate shall not prosecute or defend a case/appeal out of spite or for the purposing of harassing
anyone or delaying any matter.
2. An Advocate should always treat adverse witnesses and parties with fairness and due consideration, without
malevolence or prejudices.
3. An Advocate must decline to conduct a civil cause or to make a defence when convinced that it is intended
merely to harass or to injure the opposite party or to work any oppression or wrong.
4. Advocates have right to decline professional employment.
5. An advocate must not do anything illegal, dishonest or disrespectful to judicial office.
6. An Advocate shall not communicate or appear before a public officer, board, committee or body, in his
professional capacity, without first disclosing that he is an Advocate
7. An Advocate should not accept employment as an Advocate in any matter upon the merits of which he has
previously acted in a judicial capacity.
8. An Advocate should not as a general rule carry on any other profession or business, or be an active partner
in or a salaried official or servant in connection with any such profession or business.
Questions (McQs):
CPc -20
Specific relief Act- 10
CrPC - 20
Penal Code - 20
Evidence - 15
Limitations - 10
Ethics - 5

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ETHICS

No. of Members of Bar council:

Bar Council Standing Committees (Art.11):

Finance Committee and Executive Committee:

Legal education committee:

Power to form more committees:

Location of the Bar Council:

Misconduct by Advocates (art. 32 & 33)

Operation of the Bar Council Tribunal

Bar Council Law Journal:

Advocate (defining & enrolment):

The Cannons of Professional Conduct and Etiquette:

Chapter -1 Duties of the Advocate:

2. An Advocate shall not accept employment adverse to a client or former client.

4. An Advocate shall not represent conflicting interests.

11. Controversies with clients concerning remuneration should be avoided.

Chapter 3 - DUTY TO THE COURT

Chapter - 4 - CONDUCT WITH REGARD TO THE PUBLIC GENERALLY

4. Advocates have right to decline professional employment.

5. An advocate must not do anything illegal, dishonest or disrespectful to judicial office.

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