For Law Students
Studying Law
Dr. Uttam Kumar Das
Iuse to ask students frequently, while meting them in a class or in other forums, why are they studying law.
I got various answers with justifications. Some common reflections are: don't know, parents or guardians pushed, persuaded or forced them, did not get chance to other choices- medical or engineering, have motivations to do something for the people and society- protecting human rights, bringing justice etc. Some have honest confession as well- to be influential in the community or locality, earn money, to be engaged in politics etc.
Some students also found to be more pro-active. They are passionate for or towards the cause of the disadvantaged. To quote a Law Student from the Southeast University: ““…Success does not come truly only by name and fame if deprived people do not get benefited by me or by my works. So this is the primary concern of mine to be a lawyer….”
Some are very much prone to human rights cause: “…protection of human right in our country, we need to work together and in the same time we need mental change….” That's why studying law.
All I found as encouraging and motivating ones, which also reflect my cause behind studying law as well.
Now let us look into what is the purpose of Legal Education in a given country.
According to renowned Indian Legal Academic and founder of the National Law School India University in Bangalore, Professor Dr. N. R. Madhava Menon, the objective of a Law School visa a versa Legal Education is to produce: (i) Sufficient competent lawyers, prosecutors, and judges to administer the judiciary; (ii) Well-trained law personnel for providing legal services to the government departments and corporate institutions; (iii) Legal researchers and academics for legal education, legal reform, good governance; and (iv) Disseminate legal knowledge and culture conducive to the Constitution, rule of law, good governance, human rights, and democracy.
However, all the objectives depend on what type of legal education one institute is offering and how the graduates are getting knowledgeable, trained and skilled.
Given the context of Bangladesh, we see the future work or career options for a law graduate are mainly: to join the judiciary through competitive examination conducted by Bangladesh Judicial Service Commission , join legal practice (after getting license from Bangladesh Bar Council), join legal aid or human rights organizations or work for other public, private, national or multinational organizations. The judges from the trial courts, and practicing lawyers with designated experiences could be appointed as judges at the High Court Division as well.
However, where one would be able to join in the career option is influenced or decided by individual quality and skill, family and other demand and support, individual motivations and priorities etc.
Quality of the graduates also determined by the quality of education one is getting out of his her institution, self-motivation, individuals initiatives and networks.
Being a graduate of a Law School in the North America (University of Minnesota), I found how innovative and practical legal education could be. Those are supplemented and complemented by initiatives and devotions of individual course teachers and mentors.
Those institutions focus to enhance the analytical, writing and presentation skills of students given a legal problem and context.
One the contrary, legal academics here in Bangladesh, are forcing students to memorize sections of statutes and reproducing those in the answer scripts during the examinations. That why after graduation with a “good grade/class,” they don't know how to draft a memo, brief or a research paper.
This is contributed by so many reasons and factors including lack of institutional initiative to provide “quality legal education,” lack of creative ideas and thinking by respective faculty members, absence of effective monitoring role by Bangladesh Bar Council over legal education, politicization of bar associations and legal professions among others.
Here, Bar Associations are busy with party politics rather than to do anything for the improvement of the legal profession and practices.
I do know how helpless, the newly enrolled Advocates are. I do not have any information on initiative by any Bar Association for any professional training for lawyers which could promote professional quality, skills, ethics and motivations for ensuring people's access to justice.
The Law Schools (here we say Departments) are also not perfect with regard to their due role. I could share on information here: The Ford Foundation had taken initiative to fund three Law Departments at public universities in mid-1990s for introducing Clinical Legal Education (CLE). Those projects had to be discontinued allegedly for misappropriation of the allotted fund.
However, I have an opportunity to observe an opposite scenario as well. At the same time, The Ford Foundation had funded the University of Minnesota Law School in Minneapolis, U.S.A. to establish a Human Rights Center and Library. I was hosted by the Center for a year as a Hubert H. Humphrey Fellow and saw how they are working for human rights education, training and research globally. The Library (both archival and online) provides bunches of materials and resources in eight languages.
So, who is to blame for that?
Also, we have a notion that only Moot Court could meet the need of the CLE. That is not at all true. Moot Court is one of so many practices; others are incorporation of practical aspects in the curriculum (case law-based readings), law clinics, seminars and writing courses etc.
Therefore, we have lot to do to bring a change in our legal study. Both public and private sectors need to come forward.
It is evident that the fresh graduates find it difficult to join legal profession initially for reasons which included lack of support (I mean monetary support from the seniors/employee who claim that the apprentice has no required legal knowledge and skills), economic hardship, immediate demand to support from the family and other concerns.
Here is a role to play by the government which could support paid-Internship for law graduates varied from six months to one year. They would be posted at courts, attorney general office, and other government offices to support legal works. The Bar Council also explores ideas in this regard.
In the U.S. Judicial system, there is a system of paid-Judicial Clerkship for fresh law graduates (under which graduates work with judges in the county, state or federal level courts). They have to assist in research and drafting and take part in other activities as demanded).
The writer is the Deputy Director at the South Asian Institute of Advanced Legal and Human Rights Studies (SAILS).
