While going through the archives, this is what was published in the Fall of 1996 in The Kathmandu Post.
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Covering Nepal's legal profession
by Ashutosh Tiwari
More than a decade ago, the American legal profession
used to enjoy virtually no press coverage. Sure, the press did cover
the details of public-interest cases and the decisions of various
courts. But the legal profession itself was left largely unprobed --
letting it be just a high-salaried, upper-class, exclusively discreet
club of White, Anglo-Saxon, Protestant male attorneys.
That elite clubbiness started to shake, however, upon
the publication of "American Lawyer" -- an independent newspaper
devoted solely to the legal profession. Overnight, lawyers from Hawaii
to Maine were waking up to read who among them were the worst-paid, the
most corrupt, the most sexist, the most racist, the most unethical, the
most involved in issues of conflict-of-interest, the most unfair to
employees and so forth. The effects of these reports, in tandem with
changes in the general American society, were enormous.
Stung by first-rate journalism that laid bare their
ethical failings and professional lapses, the lawyers discovered that --
lo and behold! -- they had to be accountable not only to the toting up
of 'billable hours', but, more importantly, to that elusive precept
called public responsibility. In fact, so traumatizing was
this 'discovery' that by the early '90s, virtually all major American
law schools were requiring their students to take a course on 'legal
ethics'[however oxymoronic that may sound].
I use this [analogy] to point out that by exposing the
corrupt and the unethical within the legal profession, only responsible
[investigative] journalism can make the democratic principles of rights
and liberties relevant in citizens' lives. Yet, considering that we in
Nepal now live under the 'rule of law', laws and lawyers have hardly
ever been subjects of probing reports and analyses.
A few months ago [July, 1996], for example, an
illiterate woman attempted to kill herself at the Supreme Court in
Kathmandu. Yet, neither the Nepal Bar Association nor any of the legal
fraternities (much less a single Nepali human-rights NGO) saw it fit to
issue a statement. What's more, not a single journalist delved into the
story to inform the public what had happened in the course of the
woman's legal proceedings, and why.
Sadly, the thing is that that woman could have been any
one of Nepal's millions of other illiterate women. And, when the legal
profession and the press fail to react to that story and others with
due gravity and sensitivity, something about our democracy dies.
It's also disturbing to see the lawyers and the courts
in Nepal put themselves up on a pedestal, as though anything anyone
says against them could be inflated as a "maan-haani" (defamation)
issue -- with the accused rushed through the system to be fined and
jailed. Such paranoia is ultimately self-defeating, however; for all it
does is stifle debates and investigations, thereby unwittingly
reinforcing the all-too-common perception that by not being open and
transparent about what they do about public-interest issues, Nepali
lawyers, their professional organizations and the courts do have much
to hide.
Then again, that's why we need more investigative
journalists -- the intelligently crusading ones who are not afraid to
take the risks to cut through the obscure (Nepali-kagat-style) legalese
to bring out the public truth about how and why Nepal's legal
profession and the court-systems really work or do not work.
To be sure, a separate publication with the name Nepali
Wokil devoted only to covering the legal profession may not be
financially viable in Nepal. But a good start would be made if only
some of our finest journalists stretched the limits of this "maan-
haani" bugaboo by critically and consistently covering the legal issues
and all sections of the legal profession for their newspapers.
(Added later: Yes, the American legal professsion is still no
bastion of saints (not will it ever be!), but because of the press,
it's now more open and transparent than ever before. The Nepali press
could similarly look into the Nepali legal profession.)
[Originally published in The Kathmandu Post in the Fall of 1996.]