License to Practice: Trials of Pakistan’s Law Graduates

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2024-11-24T08:20:52+05:00 Habib Hanzalah

Habib Hanzalah

The journey for law graduates in Pakistan to secure a practicing license is a challenging one, laden with obstacles that hinder their entry into the legal profession. For local law graduates, the licensing process is relatively straightforward yet still taxing. After completing an LLB from a Higher Education Commission (HEC)-recognized institution, graduates must pass the Law Graduate Assessment Test (Law-GAT), which evaluates their grasp of key legal principles. Successfully passing the Law-GAT allows graduates to apply for a practicing license. A panel from the Bar Council, typically comprising senior lawyers, conducts an interview to assess applicants’ readiness for practice. Following this, they receive a provisional license and are required to undergo a six-month apprenticeship (or “pupillage”) under a senior lawyer before obtaining their final practicing license.

Foreign graduates, however, face even greater complexities. The process starts with degree verification from both the HEC and the Pakistan Bar Council (PBC), ensuring foreign institutions meet Pakistani standards—a process that can take several months. Additionally, these graduates must pass the Law-GAT, which primarily covers Pakistani law and often proves challenging due to unfamiliarity with the legal frameworks. During the interview phase, foreign graduates face added scrutiny, as they are expected to have a sound understanding of both Pakistani and international legal practices.

One of the most significant barriers for foreign graduates is the Special Equivalence Exam (SEE-Law). This examination was introduced exclusively for foreign graduates, creating an additional requirement that local graduates are exempt from. The SEE-Law has been criticized for singling out foreign graduates, many of whom are already well-versed in international legal standards. The SEE-Law has become a symbol of the broader challenges faced by foreign law graduates, who feel disadvantaged by an exam that disproportionately affects their entry into the profession. Responding to mounting pressure, the Pakistan Bar Council recently appealed to the Supreme Court to abolish the SEE-Law, arguing that it places unnecessary burdens on foreign graduates.

Due to the prolonged delays within the Islamabad Bar Council, many law graduates are now seeking alternatives, with a significant portion opting for licensing from other provincial bar councils, particularly the Punjab Bar Council. The appeal lies in Punjab’s shorter processing times and clearer guidelines. Recent data indicates that nearly 32% of law graduates based in Islamabad have chosen to apply for their licenses from the Punjab Bar Council over the past five years, underscoring the challenges within the IBC.

An essential requirement in the licensing process is the apprenticeship under a senior lawyer, which often depends on personal connections within the legal field. This aspect particularly disadvantages foreign graduates who may lack a network in Pakistan, further extending their wait to obtain a practicing license. Additionally, the financial strain of application fees, the Law-GAT, the SEE-Law, and the minimal earnings during apprenticeships create a heavy burden for many, leading some to abandon the profession entirely.

Reforming Pakistan’s broader legal education framework is crucial. One area in need of improvement is the Bar Vocational Course (BVC), a crucial component for training new lawyers in practical skills. The inconsistent BVC curriculum across provincial bar councils has exacerbated the hurdles for law graduates. A standardized national BVC program would be a constructive step forward, creating uniformity in legal training. This need for reform has been highlighted by the Supreme Court, notably in the case of Malik Aneeq Ali Khatana vs. Khalid Javed and Others, where calls for comprehensive improvements to the BVC were made. The Law Ministry has since allocated funding to provincial bar councils to enhance BVC facilities, with Punjab receiving Rs. 20 million, Sindh Rs. 10 million, KPK Rs. 10 million, and smaller sums to Balochistan and Islamabad.

For foreign graduates, dealing with the Inter Board Committee of Chairmen (IBCC) adds an additional layer of difficulty. The IBCC is responsible for verifying O and A-level results, a prerequisite for progressing in the legal licensing process. However, the IBCC’s slow procedures and strict documentation requirements delay the equivalency certification necessary for foreign graduates to move forward with their Law-GAT and other licensing requirements. Reforming this bureaucratic component is essential to ensure a smoother transition for foreign graduates.

In today’s digital world, the legal profession must embrace technology. Introducing e-learning platforms for the BVC would make training more accessible, reducing delays caused by limited availability of physical locations. Additionally, offering Law-GAT, SEE-Law, and BVC exams in both Urdu and English would promote inclusivity, aligning with Pakistan’s linguistic diversity and Article 251 of the Constitution, which encourages the use of Urdu as the national language.

The next few years are poised to be pivotal for Pakistan’s legal education and licensing systems. With Justice Yahya Afridi at the helm, the Supreme Court faces increasing pressure to address the inefficiencies within the Islamabad Bar Council and the licensing challenges law graduates face, particularly foreign graduates affected by the SEE-Law. Tackling these issues would benefit not only future lawyers but also strengthen Pakistan’s legal infrastructure, ensuring that talented graduates are not lost to frustrations within the licensing process.

The current licensing challenges reflect broader systemic inefficiencies in Pakistan’s legal education and professional pathways. There is now considerable pressure on the Pakistan Bar Council, the Islamabad Bar Council, and the judiciary to introduce reforms to the licensing process, particularly with regard to the SEE-Law examination. By implementing these reforms, Pakistan’s legal community can build a fairer, more accessible path for the next generation of lawyers, empowering them to contribute effectively to the nation’s legal landscape.

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