Podcast
Questions and Answers
What actions can be taken against an advocate found guilty of professional misconduct?
What actions can be taken against an advocate found guilty of professional misconduct?
- Suspended (correct)
- Fined
- Reprimanded (correct)
- Removed from practice (correct)
Who can initiate a complaint against an advocate for misconduct?
Who can initiate a complaint against an advocate for misconduct?
- The Advocate's client only
- Another legal practitioner
- A court or another person (correct)
- Any public member
What is the composition of the Tribunal established by the Bar Council?
What is the composition of the Tribunal established by the Bar Council?
- A lawyer and two laypersons
- Only judges of the Supreme Court
- Three persons including two elected members and one co-opted advocate (correct)
- Five elected members of the Bar Council
What is the maximum number of members in the Complaints and Vigilance Committee?
What is the maximum number of members in the Complaints and Vigilance Committee?
Which of the following is NOT true regarding the immunity clause in the Bangladesh Legal Practitioners and Bar Council Order?
Which of the following is NOT true regarding the immunity clause in the Bangladesh Legal Practitioners and Bar Council Order?
What can the Bar Council do regarding complaints received against an advocate?
What can the Bar Council do regarding complaints received against an advocate?
What is the role of the senior most advocate in a Tribunal?
What is the role of the senior most advocate in a Tribunal?
What is the time frame for appealing an order from a Tribunal under Article 36?
What is the time frame for appealing an order from a Tribunal under Article 36?
Which of the following statements regarding the Attorney General and the Tribunal is accurate?
Which of the following statements regarding the Attorney General and the Tribunal is accurate?
Who serves as the Chairman of the Enrolment Committee?
Who serves as the Chairman of the Enrolment Committee?
Which body hears appeals made under Article 36?
Which body hears appeals made under Article 36?
Which committee is NOT listed under the Rule 75A Bar Council Rules 1972?
Which committee is NOT listed under the Rule 75A Bar Council Rules 1972?
What is the primary function of the Bar Council according to Article 3?
What is the primary function of the Bar Council according to Article 3?
What is the required experience at the subordinate court for an LL.B holder to practice before the High Court Division?
What is the required experience at the subordinate court for an LL.B holder to practice before the High Court Division?
What happens to an appeal made under Article 36 in terms of the order being appealed?
What happens to an appeal made under Article 36 in terms of the order being appealed?
What is the right of pre-audience specified for the Attorney General?
What is the right of pre-audience specified for the Attorney General?
How many members are on the Bar Council, as stated in Article 5?
How many members are on the Bar Council, as stated in Article 5?
Under what condition can a person convicted for an offence involving moral turpitude reapply to become an advocate?
Under what condition can a person convicted for an offence involving moral turpitude reapply to become an advocate?
What is the maximum number of consecutive terms an advocate can serve on the Bar Council according to Article 5A?
What is the maximum number of consecutive terms an advocate can serve on the Bar Council according to Article 5A?
Which of the following statements about the Tribunal under the Bar Council Order 1972 is true?
Which of the following statements about the Tribunal under the Bar Council Order 1972 is true?
What is a significant feature of the Bar Association as defined in Article 2(bb)?
What is a significant feature of the Bar Association as defined in Article 2(bb)?
What penalties can be imposed on an advocate if the allegations against them are proved?
What penalties can be imposed on an advocate if the allegations against them are proved?
What compensation is given to an advocate if false allegations are made against them?
What compensation is given to an advocate if false allegations are made against them?
What is the role of the Chairman of the Tribunal regarding preliminary issues?
What is the role of the Chairman of the Tribunal regarding preliminary issues?
What authority does the Tribunal have regarding the enforcement of attendance and documents?
What authority does the Tribunal have regarding the enforcement of attendance and documents?
What happens to an advocate's record if they are reprimanded or suspended?
What happens to an advocate's record if they are reprimanded or suspended?
Under what circumstance can the Tribunal review its own decision?
Under what circumstance can the Tribunal review its own decision?
What is true about the certification recall process of an advocate?
What is true about the certification recall process of an advocate?
What is required for the Tribunal to compel the attendance of a presiding officer from a court?
What is required for the Tribunal to compel the attendance of a presiding officer from a court?
Who holds the position of Chairman of the Bar Council?
Who holds the position of Chairman of the Bar Council?
What is the maximum term duration for an Ad-hoc Bar Council?
What is the maximum term duration for an Ad-hoc Bar Council?
How many members are elected for the Finance Standing Committee?
How many members are elected for the Finance Standing Committee?
Which of the following is NOT a reason for the formation of an Ad-hoc Bar Council?
Which of the following is NOT a reason for the formation of an Ad-hoc Bar Council?
Who is responsible for appointing the Secretary of the Bar Council?
Who is responsible for appointing the Secretary of the Bar Council?
What happens to a member who is absent from three consecutive meetings without permission from the chairman?
What happens to a member who is absent from three consecutive meetings without permission from the chairman?
How many elected members constitute the Executive Standing Committee?
How many elected members constitute the Executive Standing Committee?
Which group of members is NOT required for the Legal Education Standing Committee?
Which group of members is NOT required for the Legal Education Standing Committee?
Flashcards
Professional Misconduct (Advocate)
Professional Misconduct (Advocate)
Actions by an advocate that breach professional standards.
Bar Council Complaint Procedure
Bar Council Complaint Procedure
Formal process for lodging complaints against lawyers with the Bar Council.
Tribunal Formation
Tribunal Formation
The Bar Council creates panels of three people to hear misconduct cases, mainly selected from council members and one co-opted advocate, leading the process.
Bar Council Immunity
Bar Council Immunity
Protection from lawsuits for the Bar Council, tribunal, and its employees if they act in good faith.
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Article Definition
Article Definition
The term "Article" refers to parts of the Bar Council Order. Similarly, the term "Rule" refers to parts of the Bar Council Rules
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Complaint Committee
Complaint Committee
A five-member committee elected by the Bar Council to handle complaints and vigilance.
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Advocate Disciplinary Actions
Advocate Disciplinary Actions
Possible actions against an advocate found guilty of misconduct, including reprimand, suspension, or removal from practice.
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Suo Motu Referal
Suo Motu Referal
The Bar Council can initiate a case referral to the tribunal on its own accord (without an external complaint).
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Who is the Secretary of the Tribunal?
Who is the Secretary of the Tribunal?
The Secretary of the Bar Council acts as the Secretary of the Tribunal by virtue of their position.
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What happens if an allegation against an advocate is proven?
What happens if an allegation against an advocate is proven?
The Tribunal will impose a penalty on the advocate, as outlined in Article 32(1) of the Bangladesh Legal Practitioners and Bar Council Order 1972.
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What if allegations are false or vexatious?
What if allegations are false or vexatious?
The advocate who made the false or vexatious allegations will be required to pay a compensation of 500 taka to the concerned advocate.
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What is the nature of the Tribunal's cost orders?
What is the nature of the Tribunal's cost orders?
The Tribunal's cost orders are enforceable like those of the High Court Division.
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What happens if an advocate is reprimanded or suspended?
What happens if an advocate is reprimanded or suspended?
The reprimand or suspension will be recorded against the advocate's name in the roll of advocates.
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What happens if an advocate is removed from the roll?
What happens if an advocate is removed from the roll?
Their name is struck off the roll and their certificate is recalled.
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What powers does the Tribunal have?
What powers does the Tribunal have?
The Tribunal has the same powers as a court under the Code of Civil Procedure (CPC) in relation to enforcing attendance of people, compelling production of documents, and issuing commissions for examining witnesses.
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What about attendance of court officials?
What about attendance of court officials?
The Tribunal cannot compel the attendance of a presiding officer without prior permission of the High Court Division, or an officer of a criminal or revenue court without government sanction.
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Who can appeal an order?
Who can appeal an order?
Any person who feels wronged by a decision of a Bar Council Tribunal can appeal to the High Court within 90 days from the date they received the order.
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What's the appeal process?
What's the appeal process?
Appeals are heard by a Division Bench in the High Court. The High Court's decision is final and binding.
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Does appeal halt enforcement?
Does appeal halt enforcement?
An appeal does not automatically stop the Bar Council Tribunal's order from being implemented. However, the High Court can pause it for valid reasons.
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What is the 'stay' power?
What is the 'stay' power?
The High Court can temporarily halt the execution of a Tribunal's order while an appeal is being heard, if they believe it's justified.
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What is the Bar Council's legal status?
What is the Bar Council's legal status?
The Bar Council is a statutory autonomous body, meaning it's created by law and has its own legal identity.
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What powers does the Bar Council have?
What powers does the Bar Council have?
The Bar Council can sue and be sued, own property, and enter into contracts, like any other legal entity.
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Who are the members of the Bar Council?
Who are the members of the Bar Council?
The Bar Council is composed of 14 elected members and the Attorney General, who automatically becomes a member.
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What is the term limit for a Bar Council member?
What is the term limit for a Bar Council member?
No advocate can serve as a member of the Bar Council for more than two consecutive terms.
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Bar Council Chairman
Bar Council Chairman
The Attorney General holds the position of Chairman of the Bar Council, serving ex officio.
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Bar Council Vice-Chairman
Bar Council Vice-Chairman
Elected from among the 14 elected members of the Bar Council.
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Bar Council Secretary
Bar Council Secretary
Appointed by the government from among District Judges or Additional District Judges.
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Bar Council Elections
Bar Council Elections
Held on or before the 31st of May of the year in which the current Bar Council's term expires.
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Election Schedule Announcement
Election Schedule Announcement
The Bar Council Chairman declares the election schedule at least 45 days before the end of the current committee's term.
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Local Bar Association Groups
Local Bar Association Groups
Each local bar association is divided into seven groups, each electing 7 members to the Bar Council.
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Reasons for Ad Hoc Bar Council
Reasons for Ad Hoc Bar Council
An ad hoc bar council is formed if elections cannot be held due to factors like pandemics, epidemics, or natural disasters.
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Ad Hoc Bar Council Composition
Ad Hoc Bar Council Composition
The Ad hoc Bar Council consists of 15 members, with the Attorney General as its chairman.
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Who is the Chairman of the Enrolment Committee?
Who is the Chairman of the Enrolment Committee?
The Chairman of the Enrolment Committee is a Justice from the Appellate Division of the High Court. This could even be the Chief Justice.
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What are the main Committees of the Bar Council?
What are the main Committees of the Bar Council?
The Bar Council has six key committees: Law Reform, Human Rights & Legal Aid, House, Relief, Roll & Publication, and Complaint & Vigilance. Each committee has no more than 5 members, all elected from the Bar.
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How does the Attorney General rank in pre-audience?
How does the Attorney General rank in pre-audience?
The Attorney General for Bangladesh has the highest right of pre-audience amongst all lawyers. This means they can be heard first in legal proceedings.
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What are the grounds for disqualification as an advocate?
What are the grounds for disqualification as an advocate?
Being dismissed from public service for moral turpitude within the past two years, or a conviction for an offense involving moral turpitude within the past five years (or less as specified by the Government), disqualifies someone from becoming an advocate.
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What is the Bar Council's immunity clause?
What is the Bar Council's immunity clause?
The Bar Council, its committees, officers, and servants, are protected from lawsuits as long as they are acting in good faith. Article 18 of the Bar Council Order 1972 protects them.
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Bangladesh Legal Practitioners and Bar Council Order and Rules 1972
- References:
- "Bar Council Order" refers to the Bangladesh Legal Practitioners and Bar Council Order 1972.
- "Bar Council Rule" refers to the Bangladesh Legal Practitioners and Bar Council Rule 1972.
- "Article" refers to articles contained in the Bar Council Order 1972.
- "Rule" refers to rules contained in the Bar Council Rules 1972.
Complaints Procedure
- Complaint Procedure: Complaints are handled through a Vigilance Committee (5 members elected by the Council).
- Misconduct: An advocate can be reprimanded, suspended, or removed from practice for professional misconduct (Article 32(1)).
- Court Complaints: Courts can file complaints against advocates for misconduct (Article 32(2)).
- Bar Council Referral: If a complaint isn't dismissed immediately, the Bar Council refers it to a Tribunal for action.
- Suo Motu Complaints: The Bar Council can also initiate complaints on its own (Rule 50).
- Immunity Clause (Article 18): No legal action is permitted against the Bar Council, Tribunal, committee, or officers acting in good faith.
- Tribunal Formation: Tribunals are formed as per Article 33.
Tribunal Procedures
- Tribunal Composition: Tribunals consist of three members, two elected Bar Council members and a senior advocate.
- Attorney General: The Attorney General cannot be a member of the Tribunal.
- Secretary of Tribunal: The Secretary of the Bar Council acts as the Secretary of the Tribunal.
- Hearing: The Tribunal sets a date and notifies the advocate and Attorney General.
- Penalty (Article 32(1)): If allegations are proven, penalties are imposed.
- Dismissal (If not proven): If allegations are not proven, the complaint will be dismissed.
- Compensation (False Allegations): 500tk compensation if the allegations are false and vexatious.
- High Court Execution: Tribunal orders concerning costs are enforceable like High Court orders.
- Striking Off/Certificate Recall: If an advocate is removed from the roll, their name is struck off and the certificate recalled (in certain circumstances).
- Suspension: If the Tribunal suspends an advocate, it specifies the duration.
- Preliminary Issues: The Tribunal Chairman can delegate tasks to other members.
- Review: A Tribunal can review its own decisions (suo motu) or upon application and on matters under Article 32(1).
Additional Provisions
- Powers of the Tribunal (Article 35): Tribunal powers are similar to those of a court as prescribed by the Civil Procedure Code, 1908, except for matters relating to presiding officers of courts.
- Civil Court Jurisdiction: Tribunals can use civil courts to enforce summons or compel witness and document production.
- Appeals (Article 36): Aggrieved parties can appeal to the High Court Division within 90 days of a Tribunal's decision.
- Stay of Orders (Article 38): An appeal doesn't automatically delay the Tribunal's order. However, the High Court has the power to grant a stay.
Miscellaneous
- President's Order 46 of 1972: Retrospective effect, passed on 18 May 1972, came into effect March 26, 1971 (with revisions in 2021).
- Bar Association: Bar Associations are mentioned as including Supreme Court Bar Associations and local bar associations (Article 2(bb))
- Bar Council as Statutory Body (Article 3): The body is described as having continuous existence and the ability to take actions in legal matters (acquiring, holding property, and contracting).
- Bar Council Tenure (Article 4): Elected members of the Bar Council serve three-year terms
- Bar Council Membership (Article 5): The Bar Council has 15 members, 14 elected and the Attorney General who is an ex officio member.
- Bar Council Restrictions (Article 5A): No person can hold Bar Council member positions for more than two consecutive terms.
- Bar Council Officers (Article 6/Article 6A): The Chairman and Vice-Chairman are elected. The Secretary position is appointed by the government.
- Election of Bar Council Members (Article 8): Elections are to be held by 31st May.
- Bar Council Cancellation of Membership: The circumstances that lead to the cancellation of a Bar Council member are listed.
- Bar Council Composition & Functions (Articles 8(3), 10 & 11): The Article lists 6 committees, some permanent members, and describes the different functions of the Bar Council Committees.
- Rights of Advocates (Article 21, 26, 27): Advocates' priority, practice rights, eligibility (for high court or subordinate courts) are detailed.
- Disqualifications: Circumstances in which advocates can lose their status to practice are outlined.
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