Introduction
Legal profession is one of the most recognized and prestigious professions in the world to play an active role as a representative of the concerns of the oppressed or aggrieved in the society or country. The history of it is a complex and varied one, spanning different cultures and time periods. In earlier days, there was no provision of lawyers and judges, however, there were representatives, and they were like the judges of today who distinguished between right and wrong. Its development in world history can be seen in three periods, namely the ancient Roman period, Europe in the Middle Ages and America in the modern era.
In our context, Kuther, Sulli, Ligwal & Mapchowk were legal institutions during the Kirant and Lichhivi period. Kuther’s main task was to collect revenue, Sulli to perform functions related to criminal nature, Ligwal to investigate and resolve agricultural and irrigation disputes and Mapchok was given to administer cases of family feuds. Apart from these, the Mundhum was the main religious text that governed all the affairs of that era. At that time five crimes were deemed heinous crimes called ‘Panchkhat’ (Murder, Theft, Treason, Jari and Abetment). And those who would commit the Panchakat were given death penalty. Additionally, During the Lichaavi period, judicial institutions i.e. the Purbadhikaran and Paschimadhikaran were formed. And there was a system of Gram Panchayats that settled local disputes.
During the time of Malla period, two courts were established i.e. Kottilinga and Itachapali, the former dealt with criminal cases and the latter dealt with civil cases. Another important point is that King Jayasthiti Malla issued “Manab Nyayashastra” which was the first codified law of the state. During the Rana reign, many things were changed and reformed. The examination of judicial officers was introduced in 1961 B.S. Candidates had to pass four subjects and only then they were eligible to become court officials. At that time the Pradhan Nyayalaya, the Court of Appeal and the District Court were the form of courts. Similarly, the Pradhan Nyayalaya Act was enacted in Nepal in 2008 B.S. During this period the Bar Council was established and the provision of licensing of lawyers was also established.
The Supreme Court Regulation was formed in 2013, following the replacement of the Pradhannyayalaya Act that classified legal practitioners into four categories i.e. Senior Advocate, Advocate, Pleader & Agent and their certain qualifications and experience were also prescribed. Later, Legal Practitioners Act 2025 B.S. and its regulation also came into existence.
After the issuance of the Bar Council Act 2050, the Code of Conduct for Legal Practitioners was also passed in 2051B.S. The main objectives of the Bar Council Act are to conduct examination of law professionals and issue licenses to them, monitor and regulate their conduct, punish in case of violation of Act and code of conduct, and conduct advanced training and seminars to enhance the skills and capabilities of law professionals. Likewise, the purpose of this Code of Conduct is to provide professional and ethical regulation for law professionals. Now law professionals are classified into three categories namely senior advocate, advocate, and pleader.
Present Scenario of Legal Profession in Nepal
At present, individuals eligible to take the Bar exam must pass a licensing examination to become a legal practitioner. After the enactment of the Bar Council Act, 2050, those eligible to take Bar exam are required to pass the Bar examination conducted by the Bar Council for being a legal practitioner. The sole purpose of the Bar is to conduct examinations, issue licenses, and monitor legal practitioners. According to the Bar Council Act 2050 B.S., legal practitioners are divided into three categories i.e. Senior Advocates, Advocates & Pleaders.
There are certain criteria (qualifications and experience) to become senior advocates, advocates, and pleaders, however, as it has been several years since intermediate of law was phased out from the Nepalese legal education system, the Bar Council does not conduct examinations for pleaders now. But there are still provisions for agents too. So, both the examination and license for agents are conducted and issued by the District Court, however these days it is not in regular practice.
Today there are more than 20 thousand legal practitioners (license holders) in our country, but it is believed that less than 15% of them are practicing law as legal practitioners. In fact, there are not enough legal practitioners or not as many as the country needs. The funny and surprising thing is that although there are few legal practitioners, most of them have not been able to compete in the market. The reason behind this is that neither the law students are properly trained and tested in the campuses or universities, nor are they trained after obtaining the license of legal practitioners nor the law degree courses are designed in accordance with the bar examination. First, to become a legal practitioner or engage in any legal field, students must complete their law degree up to graduation(LLB/BA.LLB) and then they have to pass the licensing examination conducted by the Bar Council. After that, they must compete fiercely with their competitors in the market. But unfortunately, proper assessment of students is rarely found/possible in our country. Except for exception, in most of the law campuses/universities where law is taught, there is a practice of giving needed marks to the students.
There are some campuses/universities where students require certificates, and the campus or university requires money. And from so called assistant lecturers to Deans to vice chancellors want to secure their post as most of them are appointed by various sources and forces. As a result, when students pass the exam, all the tripartite are happy, but they do not know that the future of the student is in darkness. As a result, students face many problems in their life. Students who pass in this way don’t pass the bar exam and in case they pass the bar exam, they are not able to run easily in their field. In the end they have no other choice but to remember the past and hit themselves on the head. Frankly speaking, the entire legal profession has been brought into disrepute due to such devastating and harmful acts or activities committed by our legal education system. The status and position of most law professionals in this sector is as a matter of fact precarious.
Today lawyers (Legal practitioners) are considered as the most prestigious and respected profession in the world, but in practice, it is not so in our country. There is an interesting incident in my life related to the legal profession. One day two years ago, I took my brother to the local police office, and called an Advocate to write an FIR and the ordinary level police officer (ASI) said that he would write it himself and I told him it would be better to get it written by an advocate. Then, he directly said that he could write a better FIR than the advocates around there and began to laugh. His laughing style made me laugh there too but I also felt sorry for the status of legal practitioners. After that we did not go to the advocate office and the police officer wrote the FIR himself.
Our degrading legal education system and nepotism, favouritism and partism are the main factors in lowering the standard of legal profession. There are many legal practitioners as well who are looking for clients on the pretext of having tea in the courtyard in the hope of getting a case. Even so, their routine is going on. The remaining so-called legal practitioners teach in certain law schools/campuses and universities. Often, they do not have profound legal knowledge, nor do they have command of the English language, nor do they have in-depth jurisprudential knowledge and dashing powers of explanation and interpretation. As a result, they are ultimately bound to compromise with the students. And how can progress be made in this way? and what can we expect from law students who have acquired legal knowledge from such incompetent lecturers? I am not blaming only the lecturers here. We students are also more or less guilty of this. Being students, we don’t want to work hard but want to get involved in politics and other activities so that we can impress the lecturers and other officials of the concerned campuses/ universities and get enough marks to pass the exam.
These above-mentioned subjects are seen and understood by the common people. Now let’s go to a higher level. We all know that judiciary is one of the three major pillars of the state. The main function of the judiciary is to give justice to the people. Having said that, are the courts of Nepal giving justice to all the people? If I said yes, it would be injustice to the real victims. In fact, justice is sold for money, political power, and position. Those with money, political power and position are getting away with it despite committing crimes and the real victims remain victims.
We have provisions on the rule of law, transparency, accountability, independent judiciary, etc., but in practice, they have not been implemented and followed. Although the judiciary is believed to be independent, the judiciary is politically dependent. From the appointment of assistant lecturers to the appointment of the Chief Justice, there is a political power here. It is not only a game of political power but also of money. As reported in the media, at a later stage, deals for recommendation/appointment of justice and judges were also made in foreign countries. What a disgusting game! There are hardly any areas of the legal profession where there is zero political influence. Due to political influence and money game, the trust of the common people towards the judiciary is decreasing day by day.
A Career in the Legal Profession
To be frank, the legal profession has a significant scope and wide opportunities if one is competent enough in the legal field. We know that law practitioners play a crucial role in upholding justice by interpreting the law and navigating the complexities of the legal system. We are in the phase of dynamic or postmodern society and as the society evolves, new legal challenges undoubtedly emerge. which is why, there is always a huge demand for legal experts/practitioners in diversified fields of the society or country like technology, intellectual property, cybercrime etc. apart from traditional crimes. Similarly, increasing business complexity also contributes to the demand for corporate lawyers. Now every sector is looking for legal advisors. There are many sectors/positions in the legal profession such as litigators, officers of judiciary, company secretaries, policy makers/legal advisors/legal officers in INGOs/NGOs, lawyers, law professors/lecturers, notaries publics, liquidators, arbitrators, mediators, judges/justices etc. Talking about the salary, it depends on the field, position, personality, professionalism, qualifications, experience etc of the person concerned.
Prospects of the Legal Profession in Nepal
It is said that the present shows the future. Looking at the situation of the legal profession, the future is very bleak in this field, but the present cannot show and predict the future in all cases. Let’s hope that all the negative aspects of this field will disappear at the earliest. For this, first, the judiciary should be free from political influence and corruption. Fair justice should be the sole goal of the judiciary. Every judge or justice must respect and comply with the law and always act in a manner that enhances public confidence in the integrity and impartiality of the law. If this is done, every level of courts, judges or justices, senior advocates, advocates, pleaders etc don’t get entangled in disputes and common citizens also feel that they have got justice.
Despite the various negativities and challenges in this sector, there are many opportunities as well. The demand for legal profession in various fields is increasing day by day, but the problem is that what will the legal profession be like in the respective sectors/positions? Now the question arises: Does a legal practitioner interpret the laws correctly? The answer to this question is fraught with complexity. For example, if a doctor kills a person, then the person concerned loses his life and his family members have to face a lot of difficulties, but if the judge/justice does not give the right decision, not only the life and property of the concerned person losses, but thousands upon thousands of people suffer due to bad decision or wrong precedent. As a result, the entire society and country is badly affected. So, the matter here is very deep-rooted.
Legal profession can be rewarding for those who are very passionate about law and committed to making a positive impact on society in their own potential. However, prospective legal practitioners should be aware of the demanding nature and challenges of the profession. And everyone should know that the legal profession depends on personal preferences, values, and career goals.
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