Your
Advocate
This
week your advocate is M. Moazzam Husain of the Supreme Court of Bangladesh.
His professional interests include civil law, criminal law and constitutional
law.
Q:
I have taken my LL.M. from a university in Bangladesh and have already
joined the Bar. I want to become a successful lawyer and that has been
my cherished dream. After joining the Bar I find dearth of seniors having
positive attitude towards the juniors. The days of senior-junior relationship
seems to have gone by. Bar is pervaded by chaos and free-style. The
mutual respect and time honored values are fast declining. Success as
lawyer seems no more destined for those who are lawyers of integrity,
industry and knowledge. Success at least in terms of money is much more
destined for lawyers having party affiliations. They wait for their
parties to come to power and make fortune once for all. They are also
taking upper hand in Bar politics and are being elected presidents,
secretaries etc. thereby flourishing their practice. The lawyers doing
no politics and only engaged in the profession in its traditional sense
and expecting to succeed at the same time seems to be sidelined and
often neglected from every corner. Is this not a very discouraging situation
for one who wants to become a lawyer by dint of his merit? Are the days
for practicing law in its ideal form gone? Sir, can I hope to survive
in my pursuit to fight through all the odds and succeed one day? I expect
your comments.
Anik Mahmood, Wari, Dhaka.
Your
Advocate: I have replied to many queries that came in over
the years. Some of them seemed to be difficult but never impossible
for a reply. This time I am inwardly feeling devoid of any. This may
be for two reasons. Firstly, the questions you have asked are essentially
a depiction of the disappointing state of affairs now prevailing at
the Bar and in fact no question is asked touching upon any legal issue
and secondly, the answer is something we all are struggling to know.
Be that as it may,
as a lawyer apparently much senior to you I certainly owe you an explanation,
though, I am afraid, I have none. The present state of the Bar is clearly
articulated in your words. I don't think that anybody at the Bar can
deny any word of it. There is quite dearth of seniors at every single
Bar. The reason is not far to seek. A lawyer comes to an attainment
after long years of practice. Moreover, mere length of practice does
not make anybody a senior. It is, therefore, understandable that number
of seniors cannot keep pace with the number of juniors joining the Bar
every year. Except the ones you have indicated the true seniors, besides
being overburdened with juniors, also are fed up with the declining
trend of things and are found skeptical about the true intention of
the juniors, that is, whether they are coming to learn and then earn
or earn only by any means. So seniors cannot be expected to welcome
a new entrant at the outset. The junior must show his bona fide as a
lawyer of high potentials. Let me quote from a book titled "Bar
On Trial" edited by Robert Hazell-"The responsibility for
finding pupilage falls entirely on the would-be pupil, who must obtain
introductions to potential pupilmasters and then go to see them to find
out if they can accept him as a pupil."
The question of
success at the Bar is a big question everywhere across the globe. None
can possibly adequately address the same. There is no short cut to or
straightjacket theory of success at the Bar. Neither higher degrees
nor the brilliant academic career by themselves can lead anyone to success.
Of course, they can pave the way to success. Success is the result of
many factors harmoniously inter-played. One thing may be said in common
that is-for success one needs to have tenacity of purpose, perseverance
and last but not the least, is a high degree of integrity. These should
be enough in normal and healthy situations. In the present day reality
you have to add to the above one new attribute, that is, infallible
endurance and nerve to fight through the odds and adversities.
Politics and lawyers
are in a sense interrelated. History of the Bar is the history of politics.
We are proud of our political traditions. But politicization of the
Bar has seriously told upon our rich heritage particularly in terms
of unity, integrity and progress of learning and gradual emergence as
good lawyers. It has spelt a negative impact on the judiciary also.
Still you have to build up your career and materialize your dream. Commitment
is the thing that counts. As for me I have never seen a lawyer working
with sincerity and commitment didn't have come to standing at the Bar
at a point of time. So, without bothering much about the surroundings,
which you cannot correct, you must sail through. Success can only be
delayed not prevented.
Corresponding
with the Law Desk, The Daily Star
Please send your mails, queries, and opinions to: Law Desk, 19 Karwan
Bazar, Dhaka-1215; telephone 8124944, 8124955, 8124966; fax 8125155,
8126154; email <dslawdesk@yahoo.co.uk>
