Hurdles law professionals face back home

Tazeen Nuwari Anwar | Published: June 15, 2024 21:46:01

The legal education system in Bangladesh is in desperate need of a makeover. Imagine a world where young legal minds thrive, not just survive. To make that a reality a revamp of law school admission criteria so that the best and brightest make it through, an updated curriculum to focus on real-world skills rather than rote memorisation is necessary. And let's stop treating law as a fallback for those who couldn't become doctors or engineers. With a fresh approach, we can foster a dynamic community of legal professionals ready to drive progress and uphold justice. Revamping our legal education and support structures isn't just a lofty goal -- it's essential for a brighter, more sustainable future for aspiring advocates and barristers in Bangladesh.
Why people want to study law: To revamp the legal profession in Bangladesh, we must first redefine what it means to be a lawyer. This article zeroes in on barristers but also touches on issues affecting advocates. The stereotype that "lawyers are liars," famously referenced in Shakespeare's "Henry VI, Part 2", with the line "The first thing we do, let's kill all the lawyers" comes from a fundamental misunderstanding of the legal profession. Lawyers are bound by a strict code of conduct that demands integrity and honesty. However, the perception that law is a fallback option for those who couldn't cut it in other careers needs a serious overhaul. The ease of access to legal education, often more about financial means than merit, further muddles the issue. To truly elevate the profession, we must ensure aspiring lawyers are driven by a genuine passion for law and held to high educational and ethical standards, just like their counterparts abroad. This isn't just a suggestion; it's necessary for the future of legal education in Bangladesh.
In many countries, the path to becoming a lawyer is rigorous, lengthy, and highly selective. In the UK, students must ace their A-levels, complete a Bachelor of Laws (LLB), and then undergo vocational training to qualify as solicitors or barristers. In the USA and Canada, aspiring lawyers first need a strong academic record in a non-legal bachelor's degree, then take the Law School Admission Test (LSAT) or Graduate Record Examination (GRE), earn a Juris Doctor degree from a law school, pass the Bar exam, and meet the Character and Mental Fitness Requirements before finally taking the oath to become licensed attorneys. Germany demands even more extensive training, including a four-year LLB. Students must pass the First State Examination (ErstesStaatsexamen), complete a two-year legal internship (Referendarzeit), and pass the Second State Examination (ZweitesStaatsexamen) before practising in court. These stringent processes ensure that only the top talents enter the legal profession.
In stark contrast, the entry requirements for law schools in Bangladesh are much lower--sometimes as low as a GPA of 2.50 in their HSC. For comparison, the minimum entry requirement in an engineering programme at an average-ranking university is a GPA of 3.50 in both SSC and HSC. Often, financial capacity trumps academic merit. This approach seriously compromises the quality of legal professionals. To urgently elevate the standard of legal education, Bangladeshi law schools and the registered centres facilitating British LLB programmes in Bangladesh must enforce stricter admission criteria, ensuring only students who meet high academic standards are admitted. This will improve the quality of future lawyers and enhance the profession's overall credibility, a crucial step towards a more robust legal education system.
Role of memorisation to be a lawyer: This is an age-old question. Memorisation, while important, is just one of many skills required for a successful legal career. Law schools should primarily develop analytical and critical thinking abilities, teaching students to understand legal concepts, their applications, and how they interact with other principles. This comprehensive understanding prepares future lawyers for real-world practice. Critical skills for lawyers include analytical thinking, research, problem-solving, communication, ethical judgment, and time management. Unfortunately, the current Bangladeshi LLB curriculum heavily emphasises rote memorisation of legal texts, neglecting these essential skills. This system contrasts sharply with British LLB programmes, where students spend years honing their research, analysis, and problem-solving abilities.
Bangladeshi students returning from British law programmes face significant hurdles when preparing for the Bar Council examination. Despite they can appear the test in English version, the poor quality of translation often creates confusion rather than clarity. The curriculum must prioritise critical thinking, practical skills, and ethical judgment over rote memorisation to address these issues. This shift is essential to cultivating a new generation of lawyers dedicated to delivering justice and upholding the law with integrity.
Stakeholders across the legal profession, including educators and students, agree on the urgent need for reform. Educational institutions and regulatory bodies must collaborate to update curricula and provide ongoing professional development for educators. Such collaborative efforts will ensure that legal education is both rigorous and relevant. Reforming the legal education system will yield long-term benefits: highly skilled lawyers will build an enhanced and efficient legal system, ultimately restoring public confidence in the legal profession!
Why students study British Law in Bangladesh: Despite gaining independence in 1947, Bangladesh's legal education system remains heavily influenced by British practices. The prestigious trinity of professions-doctor, engineer, and barrister-still holds significant sway. While Bangladesh has established renowned institutions like Dhaka Medical College for medical education and BUET for engineering, there is no equivalent for training barristers. This gap leaves aspiring barristers reliant on the British system.
To become a barrister, one must complete a British LLB from the University of London and a year-long UK Bar Practice Course (BPC). The BPC prepares students for the Bar, but the journey doesn't end there. Securing a pupillage, a practical training period under an experienced barrister, is essential for practising in the UK. Unfortunately, Bangladeshi students cannot stay in the UK long enough to complete this step due to visa restrictions, forcing them to return home and navigate the Bar Council exam in Bangladesh.
The Bangladesh Bar Council should introduce a local vocational training programme for aspiring barristers to address these challenges. This would provide practical training and eliminate the need for costly overseas education. Implementing such a programe would be challenging, as it could face resistance from those who have poured over half of ten million BDT into obtaining their qualifications from the UK. However, establishing a robust local training system is crucial for developing skilled legal professionals domestically. Also, it removes the transition and discrepancy in legal knowledge between those with British LLB and those with domestic. Bangladesh can retain talent and resources by investing in local training fostering a more self-sufficient legal education system. This change would save aspiring barristers the high costs of foreign education and enhance the overall quality of legal practice in Bangladesh.
Bangladesh's legal education system stands at a crossroads, needing a bold revamp to cultivate a new generation of competent, ethical, and motivated lawyers. We urge educational institutions and the Bangladesh Bar Council to collaborate in overhauling curricula, implementing local vocational training programmes, and providing ongoing professional development for educators. It is time to invest in homegrown talent and create a legal system that truly serves the people with integrity and excellence. Let us send that unwanted guest packing and build a legal education system that's truly our own!
Tazeen Nuwari Anwar, LLB, LLM and Barrister of England and Wales, taught law for six years at the British School of Law, before joining Bangladesh's one of the largest startups, ShopUp