What is the central role of a government-employed lawyer?
What I am about to open is a proverbial can of worms, in that I intend to question the role of lawyers in the government. Let me start by stating that the new bill on cyber crime, the Prevention of Electronic Crimes Ordinance, 2015, which was passed through a Standing Committee in the national assembly, is not a well-drafted law. My analysis of the inherent ridiculousness of this bill will not be the focal point of this article, rather I am intrigued by the procedures, specifically the persons, through which not only this bill, but laws, treaties and agreements, generally, are executed by government agencies.
The role of a lawyer varies from one legal system to another but lawyers do make the justice system work. They play an important role in not only litigation but also by helping in making the law. A lawyer in democratic societies is a sort of a guardian of justice and there is added responsibility when these lawyers are representing emerging democracies. In Pakistan, we lack this level of legal expertise and influence in our government infrastructure. As a consequence, laws like the cyber crime bill are haphazardly drafted so that they may float aimlessly around parliament with lots of attention and little direction.
The role of a lawyer varies from one legal system to another but lawyers do make the justice system work. They play an important role in not only litigation but also by helping in making the law
To compose this bill, parliament found it necessary to hire private legal consultants, rather than tapping lawyers in the information technology ministry, the ministry of law, or any other public institution (Note: there are more than thirty federal ministries, each with its own small team of lawyers). This only seems logical if the federal government either lacks the legislative drafting skills that private consultants may possess or various branches of government are inherently mistrusting of each other’s legal experts.
The question arises then, what is the central role of a government-employed lawyer? Perhaps the better question is, what should be the central role of a government-employed lawyer? Lawyers, though often the butt of jokes and the object of public ire, are people who play a crucial role in upholding justice and the rule of law. This is not a noble statement, it is an obvious one. Lawyers think differently in comparison to a lay-person. Their sole occupation is the representation of their client and for lawyers within the government; their client becomes the republic and its people. Government lawyers have different, far broader responsibilities than private lawyers, but the fundamental nature of their occupation is the same, upholding the law. Thus, a superior democracy requires lawyers.
Where lawyers do not play a role in government activities, issues like those related to the Indus Waters Treaty (IWT) negotiations arise. The lack of proper legal representation is costing us even now. It is not enough to just sprinkle a few legal eagles here and there amongst the bureaucrats. We need solid legal experts. Otherwise, we get what we have now, confused draft laws copied almost completely out of a neighbouring country’s statute book.
Acquiring legal expertise in Pakistan is not all that difficult and previously, legal expertise obtained by the government has not always backfired, as carefully picking and choosing experts has proven to be fruitful
The current state of things may also stem from the fact that legal advisors in these ministries have found it difficult to work in a bureaucratic environment. There is a constant power struggle between civil servants and external contractual employees, a hindrance to producing better work. Our laws are a direct reflection of the negative consequences of such petty issues.
Acquiring legal expertise in Pakistan is not all that difficult and previously, legal expertise obtained by the government has not always backfired, as carefully picking and choosing experts has proven to be fruitful. Very recently, the United Nations commission accepted Pakistan’s claim for the extension of the Exclusive Economic Zone (EEZ) by adding 150 nautical miles (50,000 square kilometres) of international waters to its territory. This was only possible with the help of international law expertise practicing and presently willing to help Pakistan in extending our right.
Apart from a lack of legal experts in the government, there is also dire need for the parliamentarians to make the system transparent and open to the public when the discussion and drafting sessions begin. The relevant government ministries, civil society activists and all other relevant stakeholders should push for a better and more democratic procedure by including and informing the common people of developments in the law.
