LEGAL PROFESSION
Compiled by Tamara Rebeira
ADVOCATE PEOPLE CENTRICITY
Dr. Tivanka Ekaratne feels the legal system must evolve with societal needs
Q: How should the legal profession in Sri Lanka respond to growing demands for greater transparency and accountability in governance?
A: The legal profession can address growing demands for transparency and accountability in governance through several strategies. Strengthening the rule of law and advocating for an independent judiciary free from political interference are essential to building public trust and ensuring impartial governance.
Moreover, the profession can draft and push for legislative reforms that enhances transparency – such as stricter anti-corruption measures, financial disclosure for public officials and stronger whistle blower protection. Promoting laws that enforce government checks and balances helps curb arbitrary decision making and holds authorities accountable.
Encouraging public interest litigation (PIL) is another key strategy, enabling legal practitioners to challenge government actions that violate constitutional rights or transparency.
Moreover, the Bar Association of Sri Lanka (BASL) and other legal bodies should promote good governance by speaking out against corruption and abuse of power, and using their influence to drive reforms and accountability.
Q: And how has our legal system adapted to the increased use of digital technology?
A: Sri Lanka’s legal system has taken significant strides in adopting digital technology to improve efficiency and accessibility.
E-filing systems introduced in several courts enable lawyers and litigants to submit documents electronically, speeding up processes and reducing paperwork. The automation of case management systems has also improved transparency and reduced delays in scheduling cases.
During the pandemic, virtual court hearings via video-conferencing helped reduce backlogs and ensure continuity. The digitisation of court records and judgements makes legal research more efficient, and promotes transparency by enabling public access to case law.
Law firms and legal professionals are increasingly using online platforms for client consultations, improving access to legal advice especially in remote areas. Online dispute resolution (ODR) services offer faster mediation and arbitration without needing physical court appearances.
And the Electronic Transactions Act (No. 19 of 2006) facilitates the use of electronic records and signatures, paving the way for legally recognised digital contracts and electronic filings.
Q: What challenges are lawyers and law firms facing in terms of regulatory compliance and anti-corruption measures?
A: Lawyers and law firms face several challenges when it comes to regulatory compliance and anti-corruption measures, particularly as governments and international bodies tighten regulations.
Lawyers – especially those involved in real estate, mergers or financial transactions – are now required to comply with anti-money laundering laws. In many countries, this means performing customer due diligence (CDD) and reporting suspicious activities.
The introduction of data protection laws, such as the General Data Protection Regulation (GDPR) in the EU or emerging data laws in countries such as Sri Lanka, requires law firms to implement strict data security measures.
Lawyers must now ensure that personal and client data is handled and stored securely, which can involve costly technological upgrades and staff training. For law firms with international clients, staying compliant with different countries’ laws is crucial.
Q: What steps do you think should be taken to reform the legal education system in Sri Lanka to better prepare future lawyers?
A: Reforming Sri Lanka’s legal education is essential to better equip future lawyers for the evolving legal landscape. The curriculum should focus on practical skills such as negotiation, legal drafting, research and client interaction, ensuring that graduates are prepared for practice.
Incorporating subjects such as intellectual property, cyber, environmental and human rights law would help lawyers adapt to global trends. Strengthening legal ethics and professional responsibility is also crucial for maintaining integrity in the profession.
Law schools should expand legal clinics, offering students real case experience through pro bono work and courtroom exposure. Courses on legal tech, AI in law and data privacy are necessary to equip lawyers with modern digital skills.
Emphasising advanced legal research, including both doctrinal and empirical methods, and teaching students to use global legal databases would further enhance their analytical and writing abilities.
Q: The backlog of cases and delays in the court system are a grave concern. How should such shortcomings be addressed?
A: Addressing Sri Lanka’s court backlog is vital to improving access to justice and judicial efficiency. A mix of short and long-term measures is needed.
Key issues include the shortage of judges. Appointing more, especially in overburdened courts, would help expedite cases. In addition, specialised courts for commercial, family and labour law could also speed up resolutions by leveraging judicial expertise.
An electronic case management system could assist in streamlining scheduling, reducing delays and providing timely notifications to all parties. Tracking long pending cases meanwhile, would help prioritise urgent hearings while clear timelines would ensure timely completion.
Expanding alternative dispute resolution (ADR) mechanisms including mediation and arbitration can help ease the courts’ workload by resolving disputes outside the formal system. Encouraging pre-litigation mediation, especially in civil and commercial cases, will also prevent cases from overwhelming the courts.
Simplifying procedures and fast tracking less complex cases would further reduce delays and free up judicial resources for more serious matters.
