To maintain the sanctity of justice, it is crucial that we uphold rigorous ethical standards and hold legal practitioners accountable for their conduct.
Editorial
Lawyers have become entangled with notorious criminals in the country. This troubling scenario was highlighted by the Public Security Minister in his statements to reporters yesterday during a press conference. Amid the controversy surrounding the escape of underworld figure Kanjipani Imran, implicated in the Athurugiriya shooting incident, grave concerns have emerged about the role of legal practitioners in facilitating criminal activities. Public Security Minister Tiran Alles has revealed the troubling involvement of certain lawyers who, according to his statements, played a significant part in enabling Imran’s flight from the country shortly after his bail release.
“Only the lawyers representing Kanjipani know how he fled the country. We know that there are a few lawyers who are earning billions of rupees from criminals,” Minister Alles disclosed in a recent media interaction. His remarks underscore a crucial issue in the legal profession: the conflict between ethical practice and the pursuit of profit.
This situation raises profound questions about the moral compass guiding legal professionals. The integrity of the legal system hinges on adherence to ethical standards, which should take precedence over financial gain. As Professor Roscoe Pound, a prominent legal scholar, once articulated, “The law must be stable, but it must not stand still.” This principle underscores the need for legal professionals to evolve their practices in line with ethical norms rather than succumbing to unethical temptations.
The allegations that some lawyers not only represented but actively assisted criminals in evading justice are deeply troubling. Minister Alles’ statement that “some of these lawyers confessed that they escorted Kanjipani and facilitated his escape via boat” highlights a dire need for reform. This assertion paints a grim picture of a legal system where profit motives overshadow the commitment to justice.
In the wake of such revelations, the legal community must confront a pressing question: how can lawyers reconcile their professional duties with the ethical imperatives that govern their conduct? The words of Sir Edward Coke, an esteemed jurist, provide clarity: “The greatest is not always the best.” This sentiment serves as a reminder that true greatness in the legal profession is not measured by financial success but by adherence to the highest ethical standards.
The revelations about the Athurugiriya shooting, which resulted in the deaths of two individuals including Surendra Wasantha Perera, also known as ‘Club Wasantha,’ further complicate the matter. While Minister Alles confirmed that the police have identified the gunmen as professional shooters and arrested most suspects involved, he also noted that these individuals may have escaped the country. The spectre of illicit financial connections, including allegations of financial dealings between Club Wasantha and the deceased underworld figure Makandure Madush, casts a long shadow over the case.
It is incumbent upon legal practitioners to prioritise ethical considerations above personal gain. As Justice Benjamin Cardozo aptly stated, “The great general principles of the law are to be treated as the repository of fundamental justice, not as the instruments of expediency.” This reflects the ideal that the essence of legal practice lies in upholding justice rather than exploiting it for monetary benefits.
Moreover, Minister Alles’ comments reflect a critical need for transparency within the legal profession. The notion that lawyers could potentially profit from criminal activities necessitates rigorous scrutiny and accountability. This scenario is not merely a question of individual ethics but of systemic integrity. The legal profession, as a cornerstone of justice, must not be allowed to become a haven for those who compromise its values for personal gain.
To address these concerns, a multi-faceted approach is required. First, there must be a robust mechanism for monitoring and enforcing ethical standards within the legal profession. Professional bodies and regulatory agencies need to implement stricter guidelines and ensure compliance. As Sir William Blackstone noted, “It is better that ten guilty persons escape than that one innocent suffer.” While this maxim is primarily a legal principle, it also implies a responsibility for legal practitioners to act with integrity to prevent the miscarriage of justice.
Second, there should be increased transparency regarding the conduct of legal professionals. The public deserves to know that their legal representatives are bound by ethical standards and are held accountable for their actions. This can be achieved through regular audits, public disclosures, and a commitment to addressing unethical practices.
Finally, legal education and training must emphasise the importance of ethical conduct. Aspiring lawyers should be instilled with a deep understanding of their responsibilities and the impact of their actions on the justice system. As Thomas Jefferson eloquently put it, “In matters of style, swim with the current; in matters of principle, stand like a rock.” This principle should guide legal education and practice, ensuring that future practitioners uphold the highest standards of integrity. The principles articulated by historical legal thinkers remind us that the true measure of a legal practitioner lies not in their financial success but in their unwavering commitment to justice. It is imperative that the legal community embraces these principles, prioritising ethical practice over profit and ensuring transparency in all its dealings. Only through such reforms can we restore public confidence in the legal system and uphold the fundamental values of justice and integrity.
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