Discrimination in our Legal Arena

Discrimination in legal field actually is found with new lawyers. Young lawyers come to court with lot of hope. They try to present themselves with much energy, vigor and message of modern judiciary. But, in legal field there is usually no free space for them. Their field becomes narrow with discriminatory pressures.
First of all come to the title-ship dispute. It is called “Advocate vs. Barrister”. Most of the general persons not being from legal background are unable to understand the difference between advocate and barrister. They think that the standard of advocate is lower than that of barrister. A barrister can solve all cases but an advocate can’t- it is a usual perception of common people. So, barristers get more clients only because of the word “barrister”. Again, when an advocate and a barrister deal same case, fees also vary between them. If a barrister demands ten thousand simply for a bail petition, client will readily pay him ten thousand or nearby amount. But, when an advocate demands ten thousand, client will grow lot of allergy to pay the amount, because he is anadvocate.
Barrister comes from abroad like UK, USA with a LLB degree. On the other hand, advocates are accomplishing in Bangladesh. But, it does not mean that barrister is a kind of special stage. Main matter is, all are equally lawyer. In Bangladesh, we call them advocate; in UK, they are called barrister and in USA, lawyers are commonly termed as attorney. They additionally know the English or American law, nothing else. Rather, in some cases, they are less known to local laws. Problem arises when Bangladeshi government allows them (studied law outside of Bangladesh and without studying Bangladeshi law) to practice in Bangladeshi courts. In India, every lawyer is compelled to be graduated from India. If any lawyer completes his study in abroad, he also needs to study in India again. Then he can seat for exam for advocacy license. Alas! We treat our local advocates as subordinate to barrister.
Besides, we frequently hear an objection that clients do not understand the court language. They cannot realize whether judgment or decree is favoring them or not. Generally, lawyers having barrister title are not completely capable to satisfy own clients outside of the court about the court’s decision. There remains a minor gap between barrister and his client. But, an advocate always acts like a familiar figure both inside court and outward. Lawyers’ duty is to ensure the equality before law without any sort of discrimination. But, when lawyer himself faces discriminating challenges in his field, how can he help others?
A rare and pathetic matter also happened in our legal practicing life. In Bangladesh from where a student graduated, that also a vital question for his practicing session. If from any private university, he or she will not treat as much as a student of public university. As a junior or apprentice lawyer in chamber practice or in litigation a private university student always neglected only for his educational institution, although he may be good enough as apprentice lawyer. Lot of fresh graduate when face that discrimination in early life of their legal practice, only a few can survive and rest of the graduate leave this profession. This is the darkest side of this profession where each and every fresh graduate claimed that they didn’t get any favor from their senior as apprentice lawyer. Wages is more pathetic for apprentice lawyer which is very insulting to write in newspaper as well. This is a noble profession, that’s why most of the apprentice lawyer still struggling to survive in their dreamy platform.
In this faster 21th century, it’s time to change our mentality. We have to treat a lawyer including apprentice lawyer according to his maturity, knowledge, capability. He should not be treated by his race, by his institution. It is nice to see if no discrimination owing to his title or institution would be faced by any upcoming advocate. I do believe that, a person can change his race and a race can change the system and the system can finally change the society. And we badly need some lawyers who can change our society. Honorable Court discharges the discrimination from everywhere, but future assets of the court being discriminated in court. Honorable Court may take few effective steps for junior as well as apprentice lawyer.

Writer : Chowdhury Tanbir Ahamed Siddique
Legal Researcher