-By LeN Correspondent for Legal Affairs
(Lanka-e-News -23.Jan.2025, 11.15 PM) The legal profession in Sri Lanka has long been held in high regard, with its practitioners considered custodians of justice, learned advisors, and upholders of the rule of law. Yet, an alarming trend has emerged that threatens to tarnish this noble reputation: lawyers standing outside courtrooms, waiting to solicit clients in an almost desperate manner. This unseemly practice, coupled with incidents of unethical behavior, has sparked widespread debate about the need for reform in the legal profession.
If this spectacle were shown to attorneys in the United States or solicitors and barristers in the United Kingdom, it would likely provoke immediate shock and calls to blacklist Sri Lankan lawyers from practicing abroad. Such a scenario underscores the urgency of addressing the systemic issues that have led to this decline in dignity.
This article explores how Sri Lanka can regulate its legal profession, restore its dignity, and safeguard both lawyers and the public from unethical practices.
Sri Lankan lawyers face significant challenges that are eroding their professional dignity:
1. Solicitation Outside Courtrooms
It is not uncommon to see lawyers standing outside courthouses, approaching potential clients or waiting for judges to call cases so they can volunteer to represent an accused or litigant on the spot. While some of this behavior stems from a lack of structured opportunities, it creates an unprofessional image that undermines the prestige of the legal profession.
2. Unethical Practices
Reports of lawyers demanding exorbitant fees, accepting cash payments without receipts, and even taking jewelry or other valuables as payment highlight the lack of regulation. One publicized incident involved a lawyer removing a client’s jewelry in lieu of payment—a clear breach of ethics and professionalism.
3. Economic Struggles
Outside Colombo and other major cities, many lawyers face financial difficulties due to a lack of clients and resources. Some resort to part-time political work or other side hustles to make ends meet, further detracting from their professional focus.
4. Cash Transactions and Illicit Payments
The absence of strict regulations regarding client payments has made it easy for illicit funds to enter the legal system. Lawyers, whether knowingly or unknowingly, may end up facilitating money laundering or handling tainted money, which further tarnishes the profession's image.
To restore dignity to the legal profession and address these issues, a multi-pronged approach is necessary. Here are some key reforms:
The sight of lawyers lingering outside courtrooms is unseemly and unprofessional. To eliminate this practice:
Centralized Legal Aid Desks: Establish legal aid desks in courthouses managed by regional bar associations, where lawyers can register their availability to take on cases. Clients in need of representation can approach these desks instead of being solicited directly.
Prohibition on Direct Solicitation: Enforce rules that prohibit lawyers from approaching potential clients outside courtrooms. Violations should result in penalties, including suspension of practice licenses.
Unregulated cash payments can lead to unethical practices and complicity in illicit financial activities. To address this:
Ban on Cash Payments: Lawyers should be prohibited from accepting cash payments. Instead, all transactions must be conducted through bank transfers or electronic payment systems.
Mandatory Receipts: Lawyers must issue receipts for all payments, ensuring transparency and accountability.
Audited Accounts: Law firms and individual practitioners should be required to maintain audited accounts, which can be reviewed periodically by regulatory bodies to ensure compliance with tax laws and anti-money laundering regulations.
To ensure the legal system is not used for money laundering or other illicit activities, lawyers must conduct proper due diligence on their clients. This includes:
Identity Verification: Lawyers must verify the identity of their clients and ensure they are not politically exposed persons (PEPs) or linked to high-risk third countries.
Source of Wealth and Funds: Lawyers must verify the source of their clients' wealth and funds to ensure they are not facilitating money laundering or other illegal activities.
Compliance Training: Bar associations should offer training programs to help lawyers understand and implement client due diligence processes.
Many lawyers outside Colombo and other major cities lack the infrastructure necessary to conduct their practice professionally. To address this:
Regional Lawyer Offices: Bar associations, with support from the Ministry of Justice, should establish shared office spaces equipped with basic amenities for lawyers in regional areas. These offices can provide a professional environment for client meetings and case preparation.
Subsidized Resources: The government and bar associations can offer subsidized resources such as legal databases, office supplies, and training programs to support lawyers in rural areas.
The legal profession must have robust mechanisms to address unethical behavior and protect its reputation. To this end:
Professional Ethics Council: Establish an independent council to investigate and adjudicate complaints against lawyers.
Clear Penalties for Misconduct: Lawyers found guilty of unethical behavior, such as soliciting clients or accepting illicit payments, should face strict penalties, including suspension or disbarment.
Many lawyers in Sri Lanka are accused of underreporting their income or evading taxes entirely. To address this:
Mandatory Tax Filings: Lawyers should be required to file annual tax returns, detailing their income and expenses.
Integration with Payment Systems: By mandating electronic payments, the government can easily track lawyers' income and ensure they comply with tax regulations.
To ensure the next generation of lawyers adheres to high ethical standards:
Enhanced Legal Curriculum: Law schools should include courses on professional ethics, financial management, and client relations as part of their core curriculum.
Continuing Legal Education (CLE): Mandatory CLE programs should be introduced to keep lawyers updated on ethical practices, regulatory changes, and professional standards.
The legal profession in Sri Lanka stands at a crossroads. While it remains one of the most respected fields, its reputation is being undermined by unethical practices, economic struggles, and a lack of regulation. By implementing the reforms outlined above, Sri Lanka can restore the dignity of its lawyers, protect the interests of clients, and ensure the integrity of its legal system.
A regulated, ethical, and professional legal profession benefits everyone: it gives lawyers the respect they deserve, ensures clients receive quality representation, and upholds public confidence in the justice system. It’s time for Sri Lanka to take decisive action to protect the integrity of one of its most important professions.
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by (2025-01-23 18:41:47)
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