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The Legal Framework to Inculcate CPD in Pakistan

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The Legal Framework to Inculcate CPD in Pakistan The Legal Framework To Inculcate CPD In Pakistan By: Ahmad Nazir Warraich I- INTRODUCTION II- CURRENT LEGAL FRAMEWORK III- INTERNATIONAL BEST PRACTICES IV- SUGGESTED CHANGES IN THE LAW AND RULES IN PAKISTAN. V- CONCLUSION. INTRODUCTION Continuous professional development (CPD), is the ongoing training of a professional throughout his or her career. It is separate and distinct from the original degree course and professional or vocational training which is often mandated at the start of the career. The purpose of CPD is “.. the maintenance and enhancement of a lawyer's or paralegal's professional knowledge, skills, attitudes and professionalism throughout the individual's career. It is a positive tool that benefits lawyers and paralegals and is an essential component of the commitment they make to the public to practice law or provide legal services competently and ethically”. The professionals are required to maintain and improve their skill and competence through such periodic systematized trainings. This is a well established practice in various professions all over the world. In Pakistan, to become a lawyer, a person has to do bachelors and get a law degree. The LL.B course is designed to impart the minimum necessary knowledge of the law of the land to would be lawyers so as to help them practice the profession. In addition the six months training course is meant to provide some bare minimum skills necessary for practicing the vocation. However, this education and training alone, is inadequate to provide all the skills and necessary knowledge required by lawyers to practice this noble profession. It is because of this that in many countries of the world, professional development is an ongoing process. And the regulatory bodies of the profession, that is the Law societies or bar councils make provision for the continuous legal education and development of their members. This is meant to ensure that advocates are able to have all the requisite knowhow to provide competent and good service to their clients, that is the litigants In England, USA and Canada for example, there is a requirement for ongoing professional development/ education courses. In England for example in addition to the requirement of ongoing professional training throughout the legal career, there is also the requirement of a one year vocational course, at the start. In our country there is no equivalent vocational course requirement, in this background therefore the need for ongoing professional development courses is ever greater. CURRENT LEGAL FRAMEWORK The Legal Practitioners’ and Bar Councils Act 1973 The current law regulating the legal practitioners in Pakistan, is the Legal Practitioners’ and Bar Councils Act 1973. Under this Act, there has to be a bar council for the whole of Pakistan, known as the Pakistan Bar Council, and each province shall have its separate bar, called the Punjab Bar Council, Sindh Bar Council, KPK Bar Council and the Balochistan Bar Council, respectively. The Legal Practitioners’ and Bar Councils Act, 1973, inter alia, mentions the functions of the Pakistan Bar Council. In addition to admitting, and maintaining the roll of, advocates to the Bar Council, and acting as a norm setting and disciplinary body, it also is given the authority “to promote legal education and prescribe standards of such education in consultation with the universities in Pakistan and the Provincial Bar Councils”; The Act also mentions the functions of the Provincial Bar Council. Subject to the provisions of this Act the main function of the bar councils is to regulate the profession. In this regard it has been tasked with admitting law graduates as advocates, and maintain such a roll wherein the names of the persons given license to practice are maintained. To carry out disciplinary activities against its members, and at the same time, to put forth and safeguard the ‘rights, privileges and interests’ of its members:. And to generally carry out any and all functions entrusted to the said bar through this Act and comply with the periodic directions of the Pakistan Bar Council. The provincial bar council may make rules and regulations for carrying out its functions as mandated under the Legal Practitioners’ and Bar Councils Act, 1973. The Pakistan Legal Practitioners and Bar Councils Act, 1973, is an enabling act, which authorises the Pakistan Bar Council and the provincial bar councils to make their own rules, through the process of Delegated Legislation. Some of the rules thus made are contained in the Pakistan Legal Bar Council Rules, 1976. Pakistan Legal Bar Council Rules 1976 Under the powers granted by Section 55 of the Pakistan Legal Practitioners’ and Bar Councils Act, 1973, the Pakistan Legal Bar Council Rules, 1976 were notified. The Rules deal with a range of issues, such as; elections to the Bar Councils and ancillary matters, duties of the Chairman and Vice Chairman of Bar Councils, Committees of the Pakistan Bar Council, enrolment of Advocates of the Supreme Court, disciplinary proceedings, cannons of professional conduct, etc. Under these rules there has to be a Legal Education Committee, however, there is no mention of continuous professional development or any committee in this regard. To do so the Rules would have to be amended. In addition, the Pakistan Bar Council Legal Education Rules, 1978 have also been notified under the powers granted by the 1973 Act. The Pakistan Bar Council Legal Education Rules 1978. These rules deal with the requirements and overseeing of the law degree programme in various universities. It mentions the various conditions that have to be met by institutions accredited with the relevant universities and discusses the relationship between the Bar Council and the said institutions. The main objective is to control and standardize the legal education, with a view to better provision of the same. However, again, there is no mention of continuous professional development, and changes would have to be made to accommodate continuous professional development. INTERNATIONAL BEST PRACTICES. Continuous professional development is a well established practice in most developed countries in the world. Before making suggestions for changes to the relevant law and rules in Pakistan, it is important to have an overview of the rules in place in some leading common law countries. England In Pakistan we follow the Common Law System, which originated in England and Wales. It is therefore considered appropriate to look at the rules on continuous professional development for solicitors and barristers in England and Wales. England of course has a dual legal profession. Consequently the legal professions are also regulated by separate bodies that is the General Council of the Bar for the barristers and the Law Society, for the solicitors. Both professions are required to take mandatory courses for continuous professional development. The Law Society controls and monitors the courses for the solicitors and the Bar Council does it for the Barristers. Various Acts have been regulating the professions over the time, however, the latest act of parliament regulating the two legal professions in England and Wales is the Legal Services Act, 2007. This Act has set up a Legal Services Board, which is, amongst other matters, meant to oversee the regulation of the professional development of its members. All practicing members of the Bar are subject to the continuing professional development requirement, as the Bar considers that ongoing professional development is essential for the barristers. The Bar Standards Board supervises and monitors the provisions of these courses. The Rules of the Bar Council in the Code of Conduct (para. 202(b)), declare it compulsory. Initially the barristers are required to complete 45 hours, of continuing professional development in the first three years. In this time period, known as New Practitioners’ Programme, they have to complete at least 9 hours of ‘advocacy training’ and three hours on ethics. These are both considered important, as they are essential to any professional lawyer. Advocacy training is important, as the art of appearing in the court and putting arguments in front of the judge is a necessary component of a barristers job, in addition, considering the nature of a lawyers’ job, which necessarily involves looking after the interest of the client and may involve privileged information, it is indispensable for barristers to have sound understanding and strong adherence to ethics. After the first three years of practice, barristers are required to undertake 12 hours of CPD each year under the Established Practitioners' Programme With regard to the solicitors, the Law Society has since 1985, been operating a compulsory continuing professional development scheme. All solicitors who are in legal practice or employment in England and Wales, are required to complete a minimum of 16 hours of CPD per year. The current rules in force are the Solicitors Regulatory Authority, Training Regulations, 2011, part 3 of CPD Regulations. Under these rules, solicitors are required to undertake 16 hours of CPD during each year USA In the United States of America, each state has its own bar council, and the profession is mostly regulated by the state Supreme Court and/ or bar council of each state. At the national level there is body called, the American Bar Association. This is a voluntary national body, it is not a regulatory body, as the profession is not controlled by the Federation. Although American Bar Association, may make recommendations and propose models etc, for the various bar councils to adopt, if they desire, but they are not binding. The American Bar Association (ABA) was set up in 1878. The Association aims to promote the members’ professional growth, amongst other things, and in this regard, it works to ‘promote the highest quality legal education’, as well as, ‘promote competence, ethical conduct and professionalism’. The Operations and Communication Committee of the American Bar Association, inter alia, looks at the Continuing Legal Education (CLE).
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