Interviews with Bar Association (one senior lawyer in each district) | |||||||
Interview Date | 29.12.13 | 02.12.2013 | 08.12.2013 | 01.12.13 | |||
Q. No. | Questions | Comilla | Gopalgonj | Madaripur | Mymensingh | Rangpur | |
1a | How many women lawyers are practicing in the district? | 112 | 11 | 14 | 40 | 50 | |
1b | How many men lawyers are practicing in the district? | 710 | 170 | 179 | 1160 | 350-400 | |
2a | How many of your members practice almost exclusively civil law? | 1 | 29 | 46 | 200 | 150 | |
2b | How many of your members practice almost exclusively criminal law? | 1 | 115 | 91 | 600 | 200 | |
2c | How many of your members frequently practice both civil and criminal law? | 37 | 56 (Approximately 150 members practice.) |
400 | many do both | ||
3 | How would you describe your experience working with the national legal aid scheme (DLAC)? What are the main problems? | lawyers don't work properly, every month we approve 40 cases | Good | Good > Created problems due to lack of transparency in case of costs for getting bail and receiving copies. |
Good > The Honorarium allowence for the lawyers is Insufficient |
Good | |
4 | Are you paid the specified fee by DLAC? | we don't have any fees. We are doing it voluntarily | Yes | Yes | Yes | Yes -- get fees from client | |
5 | Are you paid on time by DLAC? | n/a | Yes | Yes | Yes | Yes | |
6 | In criminal matters, when do you typically first meet with your client? | meet before the date | Other > In Chamber |
At first court appearance | 1.
At first court appearance 2. Before plea is entered 3. At Trial |
At the first court appearance | |
7a | What is the fee range charged for private clients for Bail application? Insert range (BDT) | there is no specific fee. We fixed free based on the cases & clients. | 500-1000 | Taking fees depend on the affordibility of clients. | There is no fixed fee. It varies depending on the case gravity, clients social & economical status. | It actually depends on the clients, clients income. Difficult to tell you the exact figure | |
7b | What is the fee range charged for private clients for Magistrates court? Insert range (BDT) | there is no specific fee. We fixed free based on the cases & clients. | 200-500 | Taking fees depend on the affordibility of clients. | There is no fixed fee. It varies depending on the case gravity, clients social & economical status. | It actually depends on the clients, clients income. Difficult to tell you the exact figure | |
7c | What is the fee range charged for private clients for Sessions court? Insert range (BDT) | there is no specific fee. We fixed free based on the cases & clients. | 500-2000 | Taking fees depend on the affordibility of clients. | There is no fixed fee. It varies depending on the case gravity, clients social & economical status. | It actually depends on the clients, clients income. Difficult to tell you the exact figure | |
7d | What is the fee range charged for private clients for Death penalty cases? Insert range (BDT) | there is no specific fee. We fixed free based on the cases & clients. | 500-2000 | Taking fees depend on the affordibility of clients. | There is no fixed fee. It varies depending on the case gravity, clients social & economical status. | It actually depends on the clients, clients income. Difficult to tell you the exact figure | |
7e | What is the fee range charged for private clients for Appeals? Insert range (BDT) | there is no specific fee. We fixed free based on the cases & clients. | 3000-5000 | Taking fees depend on the affordibility of clients. | There is no fixed fee. It varies depending on the case gravity, clients social & economical status. | It actually depends on the clients, clients income. Difficult to tell you the exact figure | |
8 | Is there any pre-trial hearing to improve case management e.g. agree witnesses, pleases and evidence? | this provision is applied in cases of family matter. | No | Yes | Yes | Yes -- have family court | |
9 | What is the average time between entering a plea and starting a trial? | 6-7 months | Trial starts soon after the framing of charges. | Different cases different times are required. | It depends on the number of the trial cases (pending) in that concerned court. | 6-8 months to start the examination; 3 months after the framing of the charges | |
10 | What percent of accused persons are women? | 20% | Less than 5% | Not easy enough to mention. | Less than 5% | 2% | |
11 | What are the main offences for which women face trial? | drug related offences | Drug related offences | Drug related offences | drug related offences | ||
12 | What proportion of trials are concluded by way of guilty plea? | not even a single | Other > 1% |
<25% | <25% | 5% | |
13 | What proportion of cases end in conviction? | 10% | About 1/4 | Very few | most | ||
14 | What proportion of cases are compoundable? | 5% | 75% | Few. | Its very difficult to find out the actual percentance of Compoundable offences/Cases | 60% | |
15 | What proportion of cases end in settlement? | 2% | 50% | Enough. | 30% | 30% | |
16 | What is the main challenge legal practitioners face in criminal proceedings? | Non-appearance of witness | 1.
Open discussion 2. Witness; specially police 3. Witnesses don't come in time. |
Huge coverage of corruption and lack of Judges. | Witness don’t appear in due time. | open discussion, appear the witness | |
17 | Do lawyers have a code of conduct? | Yes -- we need to conduct according to the provision of the bar association | Yes
> It is guided by the Bangladesh Bar Council Act. |
We
follow the code of conduct determined by Bangladesh Bar Council |
According to the bar council act | ||
18 | How many complaints against practicing lawyers have you received per year? | 50 | Guessing, against 20- 30 people. | Few (2-3 in a year). | In 4-5 years complaints against 2-3 lawyers | Very few 1-2 complaints | |
19 | What action did you take in response to the complaints received? | First we try to compound the case or if the case is so grave then we send it to the bar council | In a single sitting step is taken through settlement. | Fair | Dispose case by discussing with the Complainants | Y |