RIFKA ZIYARD
COLOMBO: “Thereby they (Attorneys-at- Laws) have earned the right to represent as recognized by law. In this context, it is important always to remember that such rights to represent emanate from two other important concepts namely the ‘Right to be heard’ and the ‘Right to be represented’. As we all know the Right to be heard is an integral part of a fair hearing and had been recognized as a rule of natural justice throughout the long period of time. The birth of the legal profession itself, is traced back to the recognition of the right to be represented, the right that evolved from the times of early civilization” said His Lordship Jayantha Jayasuriya PC, Chief Justice in his address at the 47th Convocation of the Bar Association of Sri Lanka.
“Today marks another important day in the Bar Association calendar it is beginning of another chapter of this esteemed professional body. A professional body which holds great responsibility not only towards its members but to the entire society. The Bar Association of Sri Lanka will enjoy its 50th anniversary in a couple of years and its members are an integral part of the dispute resolution mechanism in our country”, he said.
His Lordship Chief Justice Jayantha Jayasuriya PC was the chief guest at the 47th Convocation of the Bar Association of Sri Lanka held on 27th March 2021 at the BMICH.
Ali Sabry, Minister of Justice, Dappula De Livera PC, Attorney General, Arjuna Obeysekera, President of the Court of Appeal, Sanjay Rajaratnam PC. Acting Solicitor General and many other distinguished guests were also present.
Saliya Pieris, PC was inducted as the President of the Bar Association of Sri Lanka. Anura Meddegoda, PC was elected as Deputy President. The posts of the Secretary and the Treasurer were uncontested, and Rajeev Amarasuriya was appointed for the post of Secretary (his second term) and Mr Rajind Perera was appointed to the post of the Treasurer.
In his address he emphasized the significant role of an Attorney-at-Law. An extract of his speech is as follows.
“Persons who satisfy the Supreme Court that they are persons of good repute and of competent knowledge and abilities have the privilege to be admitted as Attorneys at Law. Each and every member of the Bar has successfully convinced the Supreme Court that they are persons of such qualities and had gained admission to the legal profession.”
“.. The Judicature Act provides that every person who is a party to any proceeding or who has a claim to have the right to be heard in any proceeding of any court or institution established by Law for the Administration of Justice is entitled to be represented by an Attorney at Law. This entitlement is extended to the parties before any person or Tribunal that exercises quasi-judicial powers unless otherwise expressly provided by Law. Therefore, the Right to represent the Right enjoyed by an Attorney at Law should not be taken in isolation but always it should be recognized along with the Rights of the litigant namely, Right to be heard and Right to be represented”.
“In this context, one important question that arises is whether there is a right to choose their cases that can be enjoyed by an Attorney at Law? Would not the recognition of an unrestricted right to choose, defeat, negate and adversely affect the foundation upon which the right to representation is built on? To what extent would granting such a right to an Attorney defeat the right to be represented by an Attorney enjoyed by persons who seek legal advice and representation”.
“…The Supreme Court Conduct of Etiquette for Attorney at Law rules 1988 provides, an Attorney – at – Law may not refuse to act on behalf of a party or person in many matter of proceeding before any Court Tribunal or other institution established for the Administration of Justice or in any professional matter at his or her professional fee. However, will the same rule recognize the Right to refuse to act on behalf of a client in situation that renders it difficult for the Attorney to maintain his professional independent or would otherwise makes acceptance of such professional matter incompatible with the best interest of the administration of Justice”.
Hon Jayantha Jayasuriya PC spoke of the obligations of the BASL and the newly appointed Executive Committee.
“The Bar Association of Sri Lanka as the professional body of Attorneys has an obligation to guide its members in the proper direction and ensure that they discharge their duties and responsibilities to their clients and the society to the best of their ability. The adverse effect of misconduct or failure to act in accordance with such responsibilities by one member would tarnish the good name and repute of the entire profession”.
“I will leave it to you all to resolve how pertinent it is to consider the gravity of the situation that exist five decades later an era in which the annual admission of Attorneys at Law nearing 1000 in numbers. Members of the legal profession have chosen the newly inducted president to expand, enhance and further strengthen the existing mechanism and to create an environment conducive to ensure that the duties and responsibilities of the members of the legal profession are discharged effectively it is through such a process that the dignity of the bar can be preserved thus attracting public confidence. It remains an important duty on the executive committee of the Bar Association and the Bar Council to ensure that the members of the profession are properly directed and guided in achieving these goals through their collective efforts”.
Hon. Jayantha Jayasuriya PC concluded his address by congratulating the new office bearers of BASL, “while congratulating the President, the Secretary, Deputy President and other members of the executive committee of the Bar Association and the newly elected members of the Bar Council, I wish them the strength courage and determination to discharge all responsibilities to the best of their ability and ensure that the dignity and the good name of the legal profession is preserved, protected and enhanced”.
