Law amended to expand scope of lawyers' disciplinary probe
Another key feature of the bill proposed by the government is the amendments to strengthen the financial structure of the Bar Council and provide more financia
By
Mohamed Muzayyin Nazim
Parliament on Monday approved an amendment to the law to allow the Bar Council, which oversees the affairs of lawyers, to expand the scope of disciplinary proceedings of lawyers.
An amendment to the Legal Profession Act proposed by MDP MP From Hulhudhoo constituency Yunus Ali on behalf of the government and an amendment proposed by MNP MP from Villimale constituency Ahmed Usham to the same act were passed in the parliament sitting on Monday.
Both the bills were passed with 58 votes in favour. One of the key amendments in the bill proposed by the government was to expand the scope of disciplinary scrutiny of lawyers by the Bar Council and to give it more financial powers.
As the law currently stands:
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If the manner in which a lawyer has acted in relation to a task assigned him/her violates the code of conduct to be followed by the advocate, then any person directly connected to the case or if such an act has taken place within a court of law, lawyers are entitled to lodge a complaint with the Bar Council
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The law does not state that the Bar Council can file such complaints
The amendments, passed by the committee and passed in the parliament on Monday, state that if a lawyer violates the rules or code of conduct laid down in a rule made by the Bar Council, the lawyers can lodge a complaint against him/her with the Bar Council.
Thus:
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Every party has the right to file a complaint
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Such cases can be looked into by the Bar Council at its own initiative
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Such cases and cases should be investigated if the alleged act committed by the lawyer violates the principles that he/she is required to follow as a lawyer to uphold the principles of the legal profession and the principles of justice, or undermines the credibility of the legal profession
More ways to raise funds
The next key feature of the bill proposed by the government is the amendments to strengthen the financial structure of the Bar Council and provide more financial opportunities.
The reforms to strengthen the financial structure are as follows:
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The Executive Committee of the Bar Council should prepare the budget and approve the budget before the beginning of each financial year
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The Bar Council's accounts of funds should be kept separately from capital expenditure and recurring expenses
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The proceeds should be deposited in a bank account opened in the name of the council; the money should be spent as per the rules framed under the Act
Currently, there are very few provisions in the law to empower the Bar Council financially. This time, the amendment gives the Bar Council the right to raise funds through a total of seven venues.
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Collecting donations from lawyers
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Charging fees to issue advocate's permission, renewal of permission and re-creation of certificates
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Fines levied as administrative or disciplinary action
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Financial assistance from organisations, individuals and foreign countries.
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Fees charged for services provided by the Bar Council
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Funds from training programmes
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Proceeds from other activities carried out by the Bar Council in accordance with law
