Answer To The Question No (1)

To become a good lawyer, you must invest in learning and developing your skills, your personal
qualities and your character. Combining all these factors will help you develop all the attributes
needed to succeed as a lawyer.

As a lawyer, you will have a responsibility to guide your clients through the legal system to the
best of your ability. A good lawyer continuously develops their craft, maintaining their
knowledge of the law and dedicating themselves to personal development.

A good lawyer is highly skilled. You can start to develop the skills you need to become a good
lawyer at A-Level, university, through work experience, a legal apprenticeship, a academic
qualification, a law conversion course, and beyond. And he will expected to develop a range of
skills, from communication to research, and creative to logical thinking. To be a good lawyer,
you must have:

A strong knowledge of the law.

Good judgement and decision making skills.

Research and analytical skills.

Writing and comprehension skills.

Good communication, public speaking and listening skills.

Leadership and logical thinking skills.

Good lawyers never stop learning and are proactive, not reactive. The skills a lawyer needs are
cultivated over time and come with experience. Whether you have just started studying law, just
starting out on your legal career or you have 20 years of legal experience, you will continuously
be developing these key lawyer skills.

Key Skills For Lawyers Knowledge Of The Law

A strong knowledge of the law is a key foundational skill for lawyers. If you plan to pursue a
career in a specific area of law, dedicate your time to developing your legal knowledge in that
legal discipline.

Good Communication

Good communication is the cornerstone of any lawyer-client relationship. You need to know
how to communicate in all kinds of different situations, so you should never miss an opportunity
to sharpen your communication skills. Listening and responsiveness are pillars of good
communication as a lawyer, and are highly appreciated by clients facing challenging situations.

Creativity

Creativity is also a key skill for lawyers. The law is not purely a science, there is an art to
effective legal practice. In some cases, you will need to ‘think outside the box’ to find a solution.
A good lawyer knows how to apply creativity under pressure.

Logical, Analytic, Research and Writing Skills

Having excellent logical, analytical, research and writing skills are all hallmarks of a good
lawyer. Successful lawyers must be able to prepare effective, clear and well-reasoned legal
documents and arguments that require research, plus a strong analytical and logical
approachPersonal Qualities For a Lawyer

The key personal quality for a lawyer is a true passion for the job. For example, if you are
passionate about tackling key societal issues, you can fulfil your passion as a successful lawyer.

Equally, resilience is a personal quality for good lawyers. Some days, the legal profession can be
tough and you will have to dig in because you will face demanding deadlines, complicated legal
cases, high-stakes scenarios and even potentially vulnerable clients. You will also be subject to
constant feedback and review from your peers, so a thick skin is essential for a good lawyer.

You must be motivated to be a good lawyer because you will often have to work long,
challenging hours. Staying motivated helps to keep cases on track, ensures things aren’t
overlooked and maintains your commitment to helping clients to the best of your ability.

Organisation

A key characteristic of a good lawyer is organisation. There are a lot of components to the legal
system, and being organised ensures that you maintain professional standards and adhere to legal
processes. Lawyers work with all kinds of evidence and sensitive information.

Good organisation protects sensitive information from getting into the wrong hands, and helps to
keep all legal documents in order, which is important if they need to be referred to during a case.

An Assignment with reference to the client conference and marshaling of fact

The effective conduct of lawyers' conferences with clients is critical to effective legal
representation. Misunderstandings between lawyer and client in conference, and failures to
adequately communicate or elicit relevant information in conference, are anathema to effective
legal representation in any jurisdiction. Their potentially grave consequences for the liberty of
the citizen in the criminal jurisdiction explain the specific focus of this session upon conferences
with clients charged with offences.

1.An Advocate shall not be acquire an interest adverse to a client in the property or interest
involved in the case.

2.An Advocate shall not accept employment adverse to a client or former client, relating to a
matter in reference to which he has obtained confidential information by reason of or in the
course of his employment by such client or former client provided that an Advocate, who has not
been formally engaged by a person and accepted a retainer nor received any fees for such
engagement is not precluded from accepting employment adverse to the interest of such a
person.

3. An Advcoate shall not accept professional employment without first disclosing his relation, if
any, with the adverse party, and his interest, if any, in the subject matter of such employment.

4. An Advcoate shall not represent conflicting interests.

5. An Advocate shall not himself or in 'benami purchase any property at a probate, foreclosure or
judicial sale in an auction or proceeding in which such Advocate appears for a party nor shall he
accept the whole or part of the property, in respect of which he had been engaged to conduct the
case, in lieu of his remuneration, or as a reward or bounty.

6. An Advocate shall not commingle the property of a client with his own and shall promptly
report to the client the receipt by him of any money or other property belonging to such client.

7. An Advocate shall not advise the commencement of prosecution or defence of case, unless he
has been consulted in reference thereto,A compilation of Legal Practioners and Bar Council
Laws 185 except when his relation to a party or to the subject matter is such as to make it proper
for him to do so.

8. An Advocate in his professional capacity shall not advise the violation of any law. This rule
shall not apply to advice given in good faith, that a law is invalid.

9. It is right of an Advocate to undertake the defence of a person accused of crime, regardless of

his personal opinion as distinguished from knowledge, as to the guilt of the accused; otherwise
innocent persons, victims merely of suspicious circumstances, might be denied proper defence.
Having undertaken such defence, an Advocate, is bound by all fair and honourable means, to
present every defence that the law of the land permits, to the end that no person may be deprived
of life or liberty except by due process of law.

10. In fixing fees, Advocates should avoid charges which overestimate their advice and services
as well as those which undervalue them. A client's ability to pay cannot justify a charge in excess
of the value of the service, though his property may justify a lesser charge or even none at all.
The reasonable requests of a brother Advocate should also receive special and kindly
consideration. In respect with her claint. The purpose of the initial meeting is to obtain sufficient
information to enable the lawyer to provide initial advice on the options available, the best way
forward in the circumstances and the likely costs involved and for the client to feel more
informed about the options available to resolve any issues that need to be addressed.

The doctrine of marshalling entitles the subsequent purchaser and puisne mortgagee to claim the
right of marshalling. When a creditor or mortgagee has the opportunity to satisfy his claims out
of several properties of the debtor or mortgagor, then in the absence of a contract to the contrary,
such creditor or mortgagee shall not by exercising his right prejudice another creditor or
mortgagee, whose securities or properties constitutes just one of those properties.

Section 56 and 81 of the TPA, 1882 are applicable in a situation where the mortgagees have the
same debtor or mortgagor. The debtor or mortgagor should be owner of two or more
properties.The doctrine of marshalling is originated from the equitable principles of justice and
good conscience.

Lord Eldon elaborated the doctrine of marshalling in the case of Aldrich v Cooper [1803] 32 ER
402. He said –

“If a creditor has two funds, the interest of the debtor shall not be regarded, but the creditor
having two funds shall take that which, paying him will leave another fund for another creditor.”

The doctrine of marshalling is the by-product of the equity, justice and good conscience. The
courts of equity thought that it would be grave injustice to deprive the subsequent purchaser or
puisne mortgagee of their equitable rights in the property.

This section mainly deals with the subsequent purchaser, who has a right to claim marshalling.
This section is operative between the purchaser and the original mortgager and not between one
purchaser and another. Marshalling is not allowed in order to prejudice the rights and interests of
the mortgagees or other persons claiming under the original mortgagor. Section 56 is operative
only when right to marshalling is claimed by a purchaser and the party against whom it is
claimed is the original mortgagor.

Essential Ingredients of Section 56 of TPA, 1882

The followings are the essential ingredients of section 56 –

The owner must have two or more properties;

There must a common mortgagor or debtor between two or more mortgagees;

The owner must sell one or more properties out of those properties to a purchaser after
mortgaging them to the mortgagee;

The doctrine of marshalling will not be applied to prejudice the rights of third parties.

Effects of Section 56 of TPA, 1882

Under this section the subsequent purchaser has given a power to make the mortgagee satisfy his
debts out of the properties which are not sold to the purchaser. If a mortgagee has obtained a
foreclosure decree, then he will be entitled to the protection of this section as a purchaser.

In the case of Mahatab Uddin v Nim Chandra Shaha 4 DLR 95 the court said that although a
mortgagee has a right to have all properties mortgaged to him to put up for sale, the court has a
discretionary power to make an arrangement in which the properties should be sold without
prejudicing the interest of the mortgagees.Exceptions to Section 56 of TPA, 1882

Section 56 does not apply in the following cases –

Auction Sale

Leases

Purchases subject to prior encumbrance

 Answer To The Question No (2)
Bar Council means The General Council of the Bar as constituted from time to time or a
Committee thereof;Bar Council means a Bar Council constituted under the Advocates Act, 1961
at article 25. The Lawyer Portal is working in official partnership with the Bar Council to
promote and showcase career opportunities at the Bar. Keep reading to find out about the role of
the Bar Council and the work that it does.The Bar Council represents lawyers and acts as a voice
for the profession on an increasing number of issues, including the administration of justice and
relations with Government, , legal professions in other countries and other organisations with
common interests. It participates in the negotiation of publicly funded fees in addition to law
reform consultation as well as the future of the profession by the serve on a range of committees,
working in the interest of the profession and of the public by seeking to improve the quality of
service that the profession provides.

In its representative capacity, the Bar Council provides support to the Chairman of the Bar’s
office as well as a number of representative committees, sub-committees and working groups.
The Attorney-General as Chairman of Bar Council publish the election schedule and election
result of the Bar Council in the official gazette. After gazette notification, the elected members,
in their first meeting, elect from amongst themselves a vice-chairman and different standing
Committees, viz- Five members Executive Committee, Five members Finance Committee, Nine
members Legal Education Committee etc. Moreover, there shall be an enrollment committee for
the enrollment of the advocates. Enrollment committee consisting of five members: a Chairman
to be nominated by the Chief Justice from amongst the Judges of the Appellate Division, two
members to be nominated by the Chief Justice from amongst the Judges of the High Court
Division, Attorney-General for Bangladesh and one member elected by the Bar Council from
amongst its members. The Secretary of the Bar Council appointed by the government amongst
the sitting District Judge/Senior Judicial Officer on deputation. The Secretary is the Chief
Executive Officer of the Bar Council. There are one or more Tribunals in the Bar Council to
judge a Complaint made by any court or any other person against an Advocate for his/her
professional misconduct. Any person aggrieved by an order of the Tribunal may within ninety
days from the date of communication of the order to him prefer an appeal to the High Court
Division.

The council was established in Parliament established the Bar Council of In Bangladesh under
the Advocates Act of 1961. Its main responsibilities include regulating the legal profession and
legal education in1972 through the Legal Practitioners and the Bar Council Order. It has 15
members including the Attorney General of Bangladesh. It publishes a legal journal called
Bangladesh Legal Decisions. There are 5 Members are elected to the council. The Bar Council
can establish one or more funds according to prescribed procedures. These funds may be used to
organise welfare schemes, provide legal aid or advice, and establish law libraries. The Bar
Council can receive grants, donations, gifts, or benefactions for these purposes.

Powers and Functions of the Bar Council

The powers of the Bar Council are:

1 .Admission as an Advocate

According to Section 20 of the Advocate Act, any advocate who had the right to practice in the
Supreme Court before the appointed day but was not listed in any state roll can express their
intention to the Bar Council.They must do this within the prescribed time and using the
prescribed form. Upon receiving the application, the Bar Council of India will direct the
respective state Bar Council to enter the advocate’s name in the state roll without a fee.

2. Sending Copies of Rolls

Section 19 of the Advocate Act mandates that every State Bar Council must send an
authenticated copy of the advocate role, prepared for the first time under this Act, to the Bar
Council of India. Furthermore, any alterations or additions made to the roll must be promptly
communicated to the Bar Council of India.

3.Transfer of Name

Section 18 of the Advocate Act deals with transferring an advocate’s name from one State Bar
Council role to another. If an advocate wishes to transfer their name, they must apply to the Bar
Council of Upon receiving the application, the Bar Council of India will direct the removal of the
advocate’s name from the first State Bar Council’s roll and its entry into the roll of the other
State Bar Council. No fee is required for this transfer.

Appointment of Committees and Staff Members

Section 9 empowers the Bar Council of India to appoint disciplinary committees, legal aid
committees, executive committees, legal education committees, and other necessary committees.
Section 11 allows the Bar Council to appoint a secretary, accountant, and other staff members as
necessary. The secretary and accountant must possess the required qualifications. Having a
secretary is mandatory for the Bar Council.

Maintenance of Accounts

Under Section 12, the Bar Council of India must maintain books of accounts and other relevant
books in a prescribed format. Qualified auditors, similar to the auditing of company accounts,
must audit these accounts.The Bar Council of India is also responsible for sending a copy of its
accounts and the auditors’ report to the Central Government. Furthermore, these accounts are
published in the Gazette of the country.

Rules Making Power

The Bar Council of India can make rules under Section 15 of the Advocate Act. These rules can
cover various aspects such as the election of Bar Council members, the chairman and vice-
chairman, dispute resolution, filling of vacancies, powers and duties of the chairman and vice-
chairman, organisation of legal aid, meetings and conduct of the business of committees, and
management and investment of funds of the Bar Council.

General Power and Punishment for Misconduct

Section 49 of the Advocate Act grants the Bar Council of India general power to make rules for
discharging its functions under the Act. Additionally, Section 36 empowers the Bar Council to
punish advocates for professional or other misconduct. The Bar Council of India can suspend
advocates from practice, remove their names from the state roll, dismiss complaints, or issue
reprimands as it deems fit.

Appellate Power

Section 37 gives the Bar Council of India authority to hear appeals against the orders of
disciplinary committees. The disciplinary committee of the Bar Council of India must hear any
appeal.
Furthermore, Section 38 allows individuals aggrieved by the order passed by the Disciplinary
Committee of the Bar Council of India to file an appeal before the Supreme Court within 60
days.

Other Powers and Functions

Apart from the aforementioned points, the Bar Council of India has additional powers and
functions.These include:

1.providing financial assistance to State Bar Councils that require funds to perform their
functions,

2.preventing citizens of specified countries from practising law in India if those countries prevent
Indian citizens from practising law there,

3.reviewing the legality and propriety of proceedings conducted by State Bar Councils or their
committees,

4.giving its orders except in matters handled by the disciplinary committee, andproviding
directions to State Bar Councils or their committees to ensure the proper and efficient discharge
of their functions.

Committees of bar councils rule-74: (1) All Committees that are called upon to submit reports
upon matters referred to them shall submit reports in the following manner:-

(a) comprehensive and clear enunciation of the question considered by the Committee shall be
set out;

(b) as far as possible, specific issues should be dealt with separately and arguments for and
against each proposal should be set out;

(c) a detailed statement should be set out of the date upon which the Committee have applied
their mind and the conclusions arrived at as a result of such consideration, and further wherever
opinions of Bar Association or any other persons has been elicited the substance of the opinion
and the analysis thereof.
(d) a specific draft resolution or draft resolutions setting forth the recommendations, the
Committee desires the Bar Council to adopt, shall be submitted with report.

(2) The opinion of the Committee can be dissented from by any member of the Committee and
he may append a minute of dissent which shall form part of the report.

The Bar Council, in order to ensure effective performance of its existing work and
responsibilities, may constitute the following.A compilation of Legal Practioners and Bar
Council Laws giving legal aid in appropriate cases, liaise with the Government and various Bar
Associations for proper utilisation of government for Legal aid (iii) The House Committee will
look after the administration and

management of the Rest House and the canteen, enforce the Rest House Rules, arrange purchase
of any materials for the use of the Bar Council and for any work order including construction and
to float tender and invite quotation etc., as it may deem proper and expedient and place its
recommendation including the framing of purchase rules in respect of the same and also perform
any other function as may be assigned to it by the Executive Committee.

(iv) The Relief Committee shall be responsible for scrutinizing the applications for grant out of
the Relief Fund, to liaise with the respective Bar Association receiving the application, if needed,
and place its recommendation in appropriate cases to the Finance Committee and help the
Advocates in case of any medical or other problem, and to meet such emergency and
contingency as may be deemed proper.

(v) The Roll and Publication Committee shall be responsible for the management and publication
of the BLD, any law book, journal, Souvenir, Directory and help maintain the Advocates roll in
an organized manner.

(vi) The Complaint and Vigilance Committee shall receive complaint and keep vigilance on the
general environment in the justice delivery system and on the conduct of lawyers and regarding
relationship between the Bar and the Bench and any grievance relating to the justice delivery
mechanism. It will examine and investigate into any complaint made to it and report on the same
to the Bar Council for taking up the matter for resolution of the problems and redress of the
grievance with concerned authorities (i.e. the Hon'ble Chief Justice, the Law Ministry). In case of
complaint against the Advocates after the inquiry and scrutiny the same shall be referred to the
Executive Committee for necessary steps. It will inquire into the dispute or grievances as may
exist between the Bar and the Bench with a view to develop a healthy growth of relationship for
effective dispensation of justice.

Answer To The Question No (3)

Enrollment committee consisting of five members: a Chairman to be nominated by the Chief
Justice from amongst the Judges of the Appellate Division, two members to be nominated by the
Chief Justice from amongst the Judges of the High Court Division, Attorney-General for
Bangladesh and one member elected by the Bar Council from amongst its members. The
Secretary of the Bar Council appointed by the government amongst the sitting District
Judge/Senior Judicial Officer on deputation. The Secretary is the Chief Executive Officer of the
Bar Council. There are one or more Tribunals in the Bar Council to judge a Complaint made by
any court or any other person against an Advocate for his/her professional misconduct. Any
person aggrieved by an order of the Tribunal may within ninety days from the date of
communication of the order to him prefer an appeal to the High Court Division. Regulatory Body
constituted under the Bangladesh Legal Practitioners and Bar Council Order, 1972 (President’s
Order No. 46 of 1972). It consists of 15 (fifteen) Members of whom the Attorney – General for
Bangladesh is one and is the Chairman ex-officio. Others are elected by Advocates for a term of
3 (three) years from amongst themselves, of whom seven from General Seats and seven from
seven Zonal or Group Seats. The elected members, in their first meeting, elects’ from amongst
themselves a vice-chairman and different standing Committees, viz- Executive Committee,
Finance Committee, Legal Education Committee, Enrollment Committee, etc.

The Enrollment Committee consists of the following members:

1.A Chairman to be nominated by the Chief Justice from amongst the Judges of the Appellate
Division;

2.Two members to be nominated by the Chief Justice from amongst the Judges of the High Court
Division;
3.Attorney – General for Bangladesh;

4.One member elected by the Bar Council from amongst its members.

The Committees constituted under the Advocates Act, 1961 ;-

(i) The Law Reform Committee shall undertake the research work on various laws of the country
and place their recommendation for any change of law as it may deem necessary, review existing
laws including the Bar Council Order, Cannons of Professional Conduct and Etiquette, compile
recommendations from various Bar Associations for law reform including the framing of
uniform rules and bye laws for the Bar Associations, liaise with the permanent law commission
and with the Parliamentary Committee on law, justice and parliamentary affairs, and with law
Ministry and develop advocacy programmes for law reform and help develop a policy in law
making on behalf of the Bar Council and to lobby, monitor and sensitize the legislative process
in order to bring effective change in areas of public interest and the profession in order to
establish Rule of law, ensure equal justice, enforcement of human rights and to improve the
justice delivery system in general.

(ii) The Human Rights & Legal Aid Committee will help develop and organization as well as to
motivate various monitoring cells in various Bar Associations, collect reports for appropriate
actions, compilation and dissemination of information and reports, and will develop a network
for

Laws giving legal aid in appropriate cases, liaise with the Government and various Bar
Associations for proper utilisation of government for Legal aid (iii) The House Committee will
look after the administration and

management of the Rest House and the canteen, enforce the Rest House Rules, arrange purchase
of any materials for the use of the Bar Council and for any work order including construction and
to float tender and invite quotation etc., as it may deem proper and expedient and place its
recommendation including the framing of purchase rules in respect of the same and also perform
any other function as may be assigned to it by the Executive Committee.
(iv) The Relief Committee shall be responsible for scrutinizing the applications for grant out of
the Relief Fund, to liaise with the respective Bar Association receiving the application, if needed,
and place its recommendation in appropriate cases to the Finance Committee and help the
Advocates in case of any medical or other problem, and to meet such emergency and
contingency as may be deemed proper.

(v) The Roll and Publication Committee shall be responsible for the management and publication
of the BLD, any law book, journal, Souvenir, Directory and help maintain the Advocates roll in
an organized manner.

(vi) The Complaint and Vigilance Committee shall receive complaint and keep vigilance on the
general environment in the justice delivery system and on the conduct of lawyers and regarding
relationship between the Bar and the Bench and any grievance relating to the justice delivery
mechanism. It will examine and investigate into any complaint made to it and report on the same
to the Bar Council for taking up the matter for resolution of the problems and redress of the
grievance with concerned authorities (i.e. the Hon'ble Chief Justice, the Law Ministry). In case of
complaint against the Advocates after the inquiry and scrutiny the same shall be referred to the
Executive Committee for necessary steps. It will inquire into the dispute or grievances as may
exist between the Bar and the Bench with a view to develop a healthy growth of relationship for
effective dispensation of justice.

Differences between the Bar Council and Bar Associations.

Bangladesh Legal Practitioners and Bar Council Order, 1972 (President's Order No. 46 of 1972).

Bangladesh Bar Council

1. Bangladesh Bar Council Bangladesh Bar Council] is a statutory body consisting of all lawyers.

2. Among the 15 member Bangladesh Bar Council, there are 01 appointed ex-officio members
and the remaining 14 elected members. 3. The Attorney General of Bangladesh is elected ex-
officio as the President of the Bar Council.

4 The Vice- President of the Bar Council is elected by the elected members of the Bar Council.
5. The Secretary of the Bar Council is appointed by the Bar Council as a monthly salaried
officer.

Bangladesh Bar Association

1.Bangladesh Bar [ Association is a local association lawyers in district or area. of each.

2. On the other hand, all the members of the Bar Association are also elected and the number of
members of the Bar Association varies. 3. The president of the bar association is elected by direct
vote of the lawyers of the respective bar association.

4. On the other hand, the president of the bar association is elected by direct vote of the lawyers
of the respective bar association.

5. But the secretary of the association bar is elected by direct vote concerned bar lawyers. of the
district association.