Written by: Abdishakur Ali Mohumed (Good Lawyer)
The first time that I heard the word "bar" was exactly my fresh year of
the University. Adam Haji Ali, an influential Academician and Social
Activist was the first person who introduced me the meaning of this
word. But, Mohamed Matan, a prominent Writer and Researcher of Law
discussed with me about this word several times and illustrated it on
many ways.
The word “bar” can refer to the legal profession or all the practicing
members of said profession in a national or a certain region. It is also the name of
the railing which separates the spectators in a courtroom from the
lawyers, judge, jury, and other personnel.[1]
you ask the question, “What does bar mean in legal terms?” you need to
know that another definition of “bar” is the bar exam. “Passing the bar”
sometimes means to pass the bar exam. It also has a symbolic meaning
that you are passing from observer to participant in the courtroom, so
you are passing the railing, or bar, as you make the transition.
A bar association is a group of lawyers. This association can regulate
the legal profession in their area, or just be a professional group that
serves its members. The bar association can also perform both
functions.
The mission of a bar association is frequently described in the words of Roscoe Pound, legal scholar and dean of Harvard Law School from 1916 to 1936: "[To] promote and maintain the Practice of Law
as a profession, that is, as a learned art pursued in the spirit of a
public service—in the spirit of a service of furthering the
administration of justice through and according to law."[2]
In
Somaliland, There is Somaliland Lawyers Association (SOLLA) which is
non-political, non-profit making human right(s) and legal professional
association, which unite 90% of the Somaliland lawyers (SOLLA's profile
2009)[3]. But, this is same times interchangeable called as Somaliland
National Bar Association by same legal professionals. This is what I
called "the blind nomination" because all licensed lawyers are not
registered as members of SOLLA as it is stated in SOLLA's profile and
neither the assembly of SOLLA is declared this nor it is enabled.
The Bar Association is the central
regulating body by which we can be assured that the legal profession is
living up to the highest of ethical and legal standards. "Passing the
Bar" in the legal profession means something different from walking by a
drinking establishment.[4]
SOLLA is a voluntary private
association of a large group of Somaliland legal professionals. It is
private association since it is not enabled as public. It is legal
professional association not lawyers association because all members of
SOLLA are not lawyers in accordance with Somaliland Lawyers Act, since
the act defines "lawyer" as "Any legal professional who has the
practicing license". Yeah, all members are not practicing lawyers.
Positively,
It may be called as "legal professional group bar association" and it
may serve for its members. It has the same status of Somaliland Women
Lawyers Association (SWLA).
All in All, I am greatly expecting
that there will be Somaliland National Bar Association which will
regulate
the legal profession by promoting and maintaining the practice in law. I
am also hopeful that SOLLA may be reshaped as national bar association,
if it is restructured and enabled. the new leadership of SOLLA should
work for this and I am very proud of/for their competence and commitment
to make true this blind nomination.
Truly yours,
Abdishakur Ali Mohumed (Good Lawyer)
Judge, Independent Social activist and Legal Researcher.
Borame, Somaliland.
You can reach him here www.goodlawyer4.blogspot.com or awmuxumed@yahoo.com.
___________________________________________________________________
Foot note
[1] freedictionary.com
[2] Pound, Roscoe. 1953. The Lawyer from Antiquity to Modern Times. St. Paul,
Minn.: West.
[3] see here http://www.somalilandlaw.com/somaliland_lawyers_association.html
[4] When a Bar Is not for Drinking by Sharon Elrod / Law community
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