Introduction
As reported by Dunya News and The Nation, the Punjab Bar Council (PbBC) recently revealed multiple instances of individuals posing as advocates without a law degree or a license. The Bar Council is the provincial authority for the regulation and licensing of lawyers.
In the last 5 years, approximately 700 cases have been registered against such lawyers. There are about 1500 missing entries in the official bar records, meaning for, or due to, poorly kept records.
There have been only two processed punishments/convictions which points to a lack of enforcement In the case of the Vehari district, for example, three people were recently charged for lawfully practicing on fake degrees issued by unrecognised entities.
Why This Matters
The range of responsive action describes and indicates administrative negligence, but it is also empirically reasonable to undermine the faith of the general public in the entire system of justice. The reasons for this are numerous, but the following three, in particular, warrant attention.
1. The Rule of Law and Public Trust
The rule of law is to be upheld by the legal profession. The representation of clients by unqualified advocates falls on the following two issues, both of which are grave in nature.
The right to a fair trial as guaranteed by Article 10A of the Constitution of Pakistan, and
The diminished trust of the public in both the judiciary and the bar.
Consider a scenario involving a criminal defendant whose counsel is unqualified to practice law. In this situation, the defendant's right to a fair trial is compromised, as the value of the right to competent counsel becomes meaningless.
2. Professional Integrity and Ethics
Unlicensed practice of law is a fraud and professional misconduct as per the:
Legal Practitioners and Bar Councils Act, 1973.
Pakistan Penal Code (PPC) sections on forgery and impersonation.
For the unlicensed practitioners, the damage is reputational, as these practitioners dilute the esteem of their profession, of service to the legal community, and civic misconduct. Unsanctioned practice of law also escalates damage to public trust and civic respect of the legal community.
3. Regulatory Gaps
The problem is compounded by structural weaknesses.
Manual record systems - Many bar councils still use paper files and databases finally dated enough to be lost or falsified record.
Weak verification systems - No system is centralized enough to cross check law degree issuance with legal practice validation at universities.
Limited enforcement - Bar councils often lack digital tracking of case and over a discipline, leading to faction ridden and ineffectual enforcement mechanisms.
Political capture of bar councils - Bar association elections are politicised, leading to capture of accountability and enforcement actions to reverse negative effects and factioned driven outcomes.
Proposed Reforms
For Pakistan Bar Council and Punjab Bar Council, below are some recommended reforms and solutions:
1. Digital Bar Rolls and Public Verification
Set up a digital searchable bar roll, which includes each lawyer’s name, license number, CNIC, degree validation up to date, and record of any disciplinary action taken against the lawyer.
The Bar Council of India and the UK’s Solicitors Regulation Authority have similar systems.
2. Degree Validation through HEC and Universities
Institute a policy that bar enrolment applications go to the HEC and the universities for degree validation.
Use electronic systems for real-time degree validation to stop the submission of forged degrees.
3. Periodic Audits of District Bar Councils
Perform annual audits against the district level rolls to ensure all practising advocates are accounted for.
Use the Taxpayer Identification Numbers (NTNs) or CNICs to identify discrepancies.
4. Criminal Consequences for Impersonation
Fraud and Forgery (sections 420 and 468–471) of the Pakistan Penal Code should streamline the prosecution of impersonation.
Bar councils should coordinate with the police to file criminal complaints, rather than just internal disciplinary proceedings.
5. Continuous Professional Development (CPD)
Lawyers should complete mandatory CPD hours annually. Meeting CPD will be a challenge for a fake lawyer.
Continuing professional development should be associated with renewal of the licence in order to maintain only active, verified advocates in the enrolment.
Conclusion
The emergence of fake lawyers in Punjab is not simply a case of negligence in regulation. It poses a serious danger to the very foundation of the justice system in Pakistan. The presence of unqualified personnel in courtrooms simultaneously diminishes the public’s confidence, victimizes unscrupulous litigants, and trivializes the law. The case of hundreds of impostors being apprehended yet a mere fraction facing consequences demonstrates a glaring shortage of institutional bar governance and record-keeping.
