SC asks BCI to set up National Legal Academy for lawyers on lines of National Judicial Academy

Highlighting the lack of institutionalised learning for advocates, the Supreme Court on Tuesday asked the Bar Council of India (BCI) to establish a National Legal Academy for advocates on the lines of National Judicial Academy, which trains judges.

“While considerable attention has been devoted to legal education at the entry level through law universities and professional examinations, there is a glaring dearth in institutionalised learning for advocates after enrolment,” a bench of Justice PS Narasimha and Justice Alok Aradhe said.

“It is necessary to establish a full-time academy, which may be called National Legal Academy (NLA) for lawyers, like National Judicial Academy that has been established for training and capacity building for judges. Such an institution would enable post-enrolment structural learning, enhance professional competence, ethical awareness, technological adaptability, and long-term planning and corroboration. BCI must invest its time and energy in institutionalising this body,” the bench said.

“We direct BCI to constitute a team of senior and junior lawyers as well as experts in the field of establishing academic institutions for considering, discussing and evolving the idea of establishing an NLA. We hope and trust BCI will rise to the occasion and reflect on all these issues and inform the court of its decision,” the top court said, posting the matter for further directions on August 31.

The bench asked BCI – which regulates legal profession in India – to file an affidavit indicating the developments a week before the next date of hearing.

“There is no dearth of expertise, experience, vision and wisdom amongst members of the Bar. All that is required is to bring them together and enable the idea to take shape,” it said.

“To achieve these objectives, serious consideration should be given to institutionalising “future continuous” learning for lawyers. Episodic and bouquet presenting seminars and conferences must give way to more serious and committed learning,” the bench said.

The top court issued the directions on a petition challenging Indian Banks’ Association’s decision to put an advocate on its ‘caution list’ after his removal from a panel by Canara Bank in connection with a ‘wrong’ legal opinion.

Allowing the advocate’s appeal, the top court set aside the Allahabad High Court’s order and declared that inclusion of appellant’s name in Caution List was impermissible and without jurisdiction. “There shall be a consequential direction to the respondents to remove the name of the appellant from Caution List with immediate effect,” it ordered.

While banks had a choice to remove the counsel from their panel, there cannot be a public declaration about such action, it said.

It ruled that matters relating to professional conduct/misconduct of lawyers fell within the exclusive domain of BCI.

“Laws, as well as renewed knowledge of its subjects are ever evolving. Equally, the technique of persuasion-advocacy, as well as adjudicatory methods require simplification and refinement. Societal expectations of higher standards of inclusiveness, accountability and transparency require lawyers to equip themselves not only with updated legal knowledge but also with evolving ethical and social responsibilities,” the bench noted.

“Statutes are amended, regulatory frameworks evolve, constitutional doctrines develop and judicial precedents continuously reshape our understanding of law. Owing to increasing technological infusion in the profession and the growing complexity of commercial and financial transactions, it has become all the more necessary for lawyers to remain updated and professionally equipped,” it said.