NEW DELHI: If your lawyer is taking you for a ride, you can now look beyond the Bar Council for redressal of grievances.
The ministry of law and justice is working on a Bill that envisages an ombudsman to look into complaints against lawyers and a legal services board that will regulate law practice in the country.
The draft of the Legal Practitioners (Regulation and Maintenance of Standards in Profession, Protecting the Interest of Clients and Promoting the Rule of Law) Bill, 2010, is ready, and the ministry has sought comments from various stakeholders ahead of its finalization.
The Act aims at "encouraging an independent, strong, diverse and effective legal profession with ethical obligations and with a strong sense of duty towards the courts and tribunals where they appear."
A ministry official said, "Now, complaints against lawyers are taken up by Bar Councils, but clients are not always satisfied by outcome. Often lay people have a feeling that Bar Councils work for lawyers' interest rather than clients, which is where ombudsman and legal services board come in. But, this Act doesn't aim to make the Bar Councils redundant as the board will act through them, and they would have the option of rejecting the ombudsman's report. It seeks to make an effective framework that protects the interests of both clients and legal professionals, and promotes ethical standards of legal practice."
The Bill lays down the duty of legal professionals to provide honest and true legal advice to consumers/clients. "Every legal professional shall provide full information regarding the legal position to consumer / client relating his case. The services of the legal professional shall be in such a manner as to give an opportunity to the consumer / client to make informed choices about the quality, access and value of the legal services he requires," the draft states.
The legal services board, which will enforce the regulatory functions prescribed in the Act, will constitute a chairman, member-secretary and members from the legal fraternity. The board, via Bar Councils, will levy an Rs 25 contribution from a legal professional. The board will also educate and train legal professionals.
The ombudsman, to be appointed by the board, will hear complaints against lawyers, and then submit a report to the Bar Council's disciplinary committee. There is also a provision for providing financial aid to impoverished clients.
The ministry of law and justice is working on a Bill that envisages an ombudsman to look into complaints against lawyers and a legal services board that will regulate law practice in the country.
The draft of the Legal Practitioners (Regulation and Maintenance of Standards in Profession, Protecting the Interest of Clients and Promoting the Rule of Law) Bill, 2010, is ready, and the ministry has sought comments from various stakeholders ahead of its finalization.
The Act aims at "encouraging an independent, strong, diverse and effective legal profession with ethical obligations and with a strong sense of duty towards the courts and tribunals where they appear."
A ministry official said, "Now, complaints against lawyers are taken up by Bar Councils, but clients are not always satisfied by outcome. Often lay people have a feeling that Bar Councils work for lawyers' interest rather than clients, which is where ombudsman and legal services board come in. But, this Act doesn't aim to make the Bar Councils redundant as the board will act through them, and they would have the option of rejecting the ombudsman's report. It seeks to make an effective framework that protects the interests of both clients and legal professionals, and promotes ethical standards of legal practice."
The Bill lays down the duty of legal professionals to provide honest and true legal advice to consumers/clients. "Every legal professional shall provide full information regarding the legal position to consumer / client relating his case. The services of the legal professional shall be in such a manner as to give an opportunity to the consumer / client to make informed choices about the quality, access and value of the legal services he requires," the draft states.
The legal services board, which will enforce the regulatory functions prescribed in the Act, will constitute a chairman, member-secretary and members from the legal fraternity. The board, via Bar Councils, will levy an Rs 25 contribution from a legal professional. The board will also educate and train legal professionals.
The ombudsman, to be appointed by the board, will hear complaints against lawyers, and then submit a report to the Bar Council's disciplinary committee. There is also a provision for providing financial aid to impoverished clients.
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