The Bar Association of Sri Lanka (BASL) has written to Chief Justice Murdu Fernando, urging the implementation of a new process for handling complaints against lawyers.
Bar Association of Sri Lanka Writes to Chief Justice Regarding Rules Issued Against Lawyers
The Bar Association of Sri Lanka (BASL) has written to Chief Justice Murdu Fernando, urging the implementation of a new process for handling complaints against lawyers.
The BASL expressed concerns about the current procedure, where rules are issued after requesting observations from the lawyer, which can cause unnecessary stress, even in cases of frivolous complaints. The BASL suggested that a Judge or other suitable individual first review the complaint to determine if there is a prima facie case before asking the lawyer for observations.
The BASL proposed several steps for improvement. It recommended that observations from the lawyer should not be sent to the complainant for comment and that a different judge or nominee should review the complaint and observations before deciding on further action. The BASL also highlighted the importance of consulting the President of the Bar Association, as many judges lack expertise in areas such as notarial practices.
Furthermore, the BASL suggested that complaints should generally be referred to a panel of lawyers before issuing a Rule, with the issuance of a Rule being the exception. Lastly, the BASL emphasized that suspension pending inquiry should be rare, and any punishments after a rule is made absolute should be proportionate, taking all relevant factors into account.
