Legal Education
On our Legal Education
Dr. Uttam Kumar Das
Recently, I was at the University of Minnesota Law School in Minneapolis, U.S.A. as a Graduate Student. The logo of the School depicts as its goal: “Theory, Doctrine, Ethics, Skills, and Practice.”The Dean of the School, David Wippman at the 122nd Commencement Ceremony held on 15 May 2010 said as far as I can remember: “We don't expect students to come to our law school to memorize statutes and rules of law only, instead we expect them to learn how to find and study a statute and rule, analyze and utilize them in a given situation.” And, if an institution does not have a specific goal, how it would operate and contribute to the society and to the nation. So, what do we see in Bangladesh?
When we have started to talk lately on the expected skill and efficiency of both lawyers and judges, and people's access to justice system among other issues, then definitely we need to look into carefully what is the standard of graduates coming out of our law schools.
According to veteran Indian legal academic Professor N. R. Madhava Menon who pioneered through establishment of National Law School India University in Bangalore, the objectives of legal education are: to produce: (i) sufficient competent lawyers, prosecutors, and judges to administer the judiciary; (ii) well-trained law personnel for providing legal services to the government departments and corporate institutions; (iii) legal researchers and academics for legal education, legal reform, good governance; and (iv) disseminate legal knowledge and culture conducive to the Constitution, rule of law, good governance, human rights, and democracy.
Having said these objectives, we really need to reflect where do we stand here in Bangladesh?
If a private law school aims to produce quality graduates, I don't see any problem to do so (what happens to business and computer education by few private universities). However, unfortunately, what is going on in the private sectors the nation will have to pay a heavy price for that.
But what are our legal-academic institutions doing? With a very few exception, most of our law schools at private universities which would be now around 40, don't have screening system while enrolling students. They don't “deprive of any one from admission if they can pay tuition and other fees!” Even there are no designated and publicly announced seats for enrollment as well.
Both private and public institutions lack of innovative curriculum and practical teaching methods which would enhance students analytical skills; no writing and presentations programmes except so called trail advocacy, moot court and thesis- which is actually not an original research rather copying practice.
There is also lack of trained and dedicated teachers with creative teaching techniques and innovative ideas; though we have bunch of foreign-educated academics especially in public institutions. However, there is no exemplary initiative to change the status quo. Renowned legal practitioners with an exception of course fail to keep in touch with academic institutions and vice versa.
The policy makers need to take note of the issue. If there is no appointment of government pleaders, attorneys, public prosecutors and even reportedly judges on the consideration of individuals' academic excellences, professional skills and efficiency and dedication and contribution to the profession, definitely the would be lawyers and judges would run for certificates by any mean and cost; rather than to make them skilled and efficient with required legal knowledge and skills. (Unfortunately, this is the scenarios now).
Bangladesh Bar Council also needs to expand its activities beyond arranging bar admission examinations and issuing Sanads (license). It should go for overseeing the curriculum of law schools (not “traditional reviewing” at present trend) and their real operations (for which it is mandated for). The University Grants Commission and the Ministry of Education have roles to play. All parties need to come out of blame games.
A “low-quality” law graduate (who somehow only manages a certificate!) is dangerous for the nation like “non-qualified” medical practitioners, as Professor Dr. Yubaraj Sangroula, Founder Executive Director of Kathmandu School of Law and present Attorney General of Nepal opined.
There is also a dire need for establishing model institutions for promoting quality legal education and research. Both the public and private sectors should come forward in this regard. Policy makers need to understand the importance of such institutions.
In a country of 160 million people we have now around 1,200 judges in the lower judiciary. There are about 100 judges in the Supreme Court of Bangladesh (both High Court and Appellate Divisions). That means we have now one judge in the Supreme Court for 1.6 million people. At the same time, there is one judge in the trail court for 133,333 people. That is why number of back-logged cases are reported to be two millions.
At the same time, there are reportedly 43,000 lawyers (Advocates) in the country. Given the population ratio, there is 1 lawyer for 3,720 people. Having this scenario, it is true that we need more law graduates to join as lawyers and judges alongside developing infrastructure to deliver justice.
At the same time, the legal practice and professions are now turning to globalized one (i.e., transnational law firms, international tribunals, human rights and humanitarian organizations, United Nations and regional organizations etc). However, to grab that opportunities, we need to enhance our graduates' quality up to a competitive levels. We are far behind from India in this regard.
The development partners, who are likely to promote rule of law, good governance and access to justice, have a role to play. They should take note of the reality that without a standard, practical and human rights-centric legal education it is impossible to have lawyers, practitioners and judges who will be devoted to ensure justice for the people.
The writer is a Humphrey Fellow (U.S.A.) and Advocate of the Supreme Court of Bangladesh.
