Bar Council of Bhutan

Justice being the primary source of peace in the Kingdom of Bhutan and reaffirming the noble goal in pursuit of justice and recognizing the importance of the assistance of a Jabmi to protect and establish rights in all stages of judicial/legal proceedings, the Jabmi Act was adopted by the Parliament in the year 2003. It is a comprehensive Act that covers all important provisions meeting international standards pursuant to which, the Bar Council of Bhutan is constituted for the first time as per the Jabmi Amendment Act 2016, with Her Royal Highness Princess Sonam Dechan Wangchuck as the President. The President of the Bar Council, Her Royal Highness Princess Sonam Dechan Wangchuck graced the inaugural ceremony on 10th May 2017.

The establishment of Jabmi Tshogdey (Bar Council) and formation of Jabmi Thuentsog (Bar Association) is important to maintain professionalism of Jabmi while delivering legal services to the public. As more lawyers are coming into the market, the need for having the Bar Council and the Bar Association as envisioned in the Act is inevitable. The Jabmi Tshogdey functions independently and monitors the lawyers practicing in the market. Although the Bar Association is yet to be established, once established, all its members will be accountable to the Bar Council. The members of the Bar Council are: An Independent Representative; the Attorney General (ex-officio member); two retired justices (one of the High Court and another of the Supreme Court); and three members elected from amongst the Jabmis. The Vice-President of the Bar Council is Dasho Rinzin Penjor former Justices of the Supreme Court of Bhutan.

The Bar Council and the Bar Association will assist the courts in expediting cases to ensure just, fair and prompt dispensation of justice. They will be instrumental: in setting professional standards for the legal profession including ethical standards; to discipline members of the profession who breach the professional standards; in determining entry requirements for the legal profession and conduct basic and continuing legal education programs.

Currently, there are numerous law firms in the market without proper regulations. There are many instances of misunderstanding between the clients and these firms arising due to the absence of a regulating authority in the form of Bar Council and the Bar Association. Such issues were either left unattended or unprofessionally handled affecting the services being rendered to the client or sometimes even the law firms themselves. Therefore, the establishment of the Bar Council or the Bar Association will boost the morale of the Jabmis and further the clients can rely on the services of the Jabmis as due recourse will be available if the clients are not professionally catered to or rendered poor quality services.

At present, since the Bar Council is established, the conduct of Jambi selection examination will produce professional and effective Jabmis in the market. The Bar Council will also conduct continuing legal education for the Jabmis, encourage and promote their efficiency and responsibility as a Jabmis. As a result, the public will have the choice to avail the best services.