Paralegals can continue to represent their employing institutions in the courts. The decision was arrived at after the representatives of a group of legal practitioners approached the Chief Justice today. In August, upon the Bar Council’s request, the Supreme Court announced that only Jabmi certificate holders could represent a client in a court.
The representatives said the Supreme Court would soon issue an order allowing paralegals to represent their employing institutions.
According to some paralegals working in different agencies, the earlier notice disqualified them from appearing in court as they are not eligible to sit for the Jabmi certificate exam. As per the Jabmi Act, only those with Bachelor of Laws can sit for the exam, which the Bar Council conducts.
“This has left the paralegals across the country disheartened. While our job is to represent our clients in the court, we won’t be able to do that anymore as we are not allowed in the court anymore,” said Tenzin Norbu, a Legal Officer with the BNBL.
“Since I am a paralegal, the courts in Punakha and Thimphu refused to accept my case. This decision will affect all the young paralegals especially those working in financial institutions like BNBL, BDBL and insurance companies. It doesn’t make sense for the company to employ them,” added Karma Gyeltshen, the Legal Officer for JSS.
The proprietor of Ugyen Legal Consultancy in Thimphu, Ugyen Wangchuk, said this move will force many paralegals to lose their jobs. “With Thrimdungs not allowed to appear before the court, it will affect the general public as well. If they are legal practitioners who were practising before the amendment of the Jabmi Act in 2016, they should be allowed to do. However, I don’t have any say in those who are practising after the amendment of the Act,” he added.
In its letter to the Supreme Court, the Bar Council stated that allowing only the Jabmi certificate holders to represent a client will professionalize legal services. The Council has already issued the certificate to the lawyers working in different agencies.
The Supreme Court’s Registrar General, Gembo Dorji, said the courts had misunderstood the notification. He said paralegals employed by a company can represent the company in court. However, “If I work as legal counsel of some company and if I am not a permanent, regular or contract employee, then the relation is different, it is clients to lawyers.”
He added that legal practitioners, including paralegals, who have been practising law before the Jabmi certificate was issued, can also represent a client in a court. The Bar Council started providing the certificate after it was constituted as per the Jabmi Amendment Act 2016.
Tshering Zam
Edited by Sonam Wangdi
