Mandatory legal aid service by lawyers to be considered
Friday, 15 November 2002 12:00am
The Bar Council refers to the statement of the honourable Attorney-General Datuk Abdul Gani Patail on 25 July 2002 that law graduates and those newly admitted to the Bar should be required to perform mandatory community service as there are not enough legal officers serving in the Government Legal Aid Bureau to cater to all public complaints.
While the Bar Council recognises the need for more lawyers to be involved in legal aid programmes, it is of the view that the method by which to encourage this or indeed the very issue of a mandatory legal aid service by lawyers should be explored and discussed in further detail. The Bar Council already has its own Legal Aid Scheme that provides free legal advice to the poor, and which complements the Government Legal Aid Bureau in its functions.
The Bar Council Legal Aid Scheme was officially launched in 1983, afterwhich numerous Legal Aid Centres were set up in all states in the Peninsula. Apart from providing free legal advice and assistance to the poor, it promotes legal literacy and awareness. A unique and important characteristic of the Bar Council Legal Aid Scheme is that it is funded entirely by every member of the Bar who pays an annual subscription to the Malaysian Bar. This is in contrast with other Legal Aid Schemes in foreign jurisdictions that are funded by their respective Governments.
The Bar Council Legal Aid Scheme is facing a steadily growing number of clients. The number of happy and satisfied clients bears witness to the fact that the Scheme has been relatively successful and is also a testament to the commitment of the present lawyers who participate voluntarily in the Scheme. Notwithstanding this, the Scheme is admittedly faced with limited manpower resources in general. Presently, pupils -in-chambers must fulfil a mandatory requirement to participate in a minimum 14-day legal aid programme, but such a requirement has not been extended to lawyers who have been called to the Bar. The latter provide services to the Scheme on an entirely voluntary basis.
In view of having to meet increasing demands, it will be necessary for the Bar and the Government to consider how the Bar Council Legal Aid Scheme and the Government Legal Aid Bureau can work together in applying and increasing their resources to cater to the public need as evenly as possible. The Bar Council welcomes discussions with the Attorney-General’s Chambers and other relevant Ministries as soon as possible in this regard.
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