The National Assembly of Pakistan on Wednesday passed a landmark act for the advocates, “The Lawyers Welfare and Protection act, 2023,” to safeguard lawyers from assaults, criminal force, intimidation, and threats while they discharge their professional duties. The passage of this law is a milestone for justice and democracy in Pakistan, as it seeks to ensure that lawyers can carry out their critical roles without fear or external influence. The “The Lawyers Welfare and Protection act, 2023” is a significant step towards ensuring the protection of advocates’ rights and creating a conducive environment for the administration of justice. This law is a testament to the government’s commitment to strengthening the rule of law and protecting the rights of all citizens, including lawyers. It is hoped that this law will help to build trust in the justice system, promote accountability, and uphold the fundamental principles of democracy in Pakistan. The new law proposes a mechanism to protect lawyers and enable them to provide professional services to their clients without any hindrance. The enactment of this law is an acknowledgment of the essential role played by lawyers in upholding the administration of justice, human rights, and the rule of law in Pakistan. The law seeks to provide a safe and secure environment for lawyers, enabling them to represent their clients with confidence and without any fear of intimidation or retribution. The role of lawyers in upholding the administration of justice, human rights, democracy, and the rule of law is critical. Unfortunately, recent incidents of assault, criminal force, intimidation, and threats against advocates while discharging their professional duties have reached alarming heights. These incidents have not only resulted in law and order situations but have also caused deficiencies in the rendering of professional services by advocates to their clients. Furthermore, they have created a deep sense of fear among advocates. In order to combat this, this new law is introduced by the parliament. The Lawyers Welfare and Protection Act, 2023 defines “act of violence” as any act committed by any person against an advocate with the intent to prejudice, affect, or derail the process of impartial, fair, and fearless conduct of cases before any court, tribunal or authority by which such advocate is engaged. It includes various forms of harm, such as harassment, coercion, criminal force, threats, impact on living or working conditions, and preventing the advocate from discharging his or her duties. The act of violence also includes revealing privileged communication, withdrawing wakalatnama, refusing to represent a case, and using derogatory language during the course of judicial and quasi-judicial proceedings. Anyone who commits such an act of violence shall be punished as provided in the Act. It is important to note that the Lawyers Welfare and Protection Act, 2023 does not expressly classify any act done against an advocate as a terrorist act under the Anti-Terrorism Act. However, it is possible that certain acts of violence against advocates while performing their official duties will be considered terrorist acts, depending on the circumstances and the interpretation of the law. The judiciary will play a crucial role in interpreting and clarifying the provisions of the Act, including the scope and extent of its application. It is important to ensure that the law is implemented and enforced in a fair and just manner and that the rights of all individuals to get justice are protected and for that lawyer to perform their duty without fear. Any ambiguity or lack of clarity in the provisions of the Act will need to be resolved through the legal process, including interpretation by the judiciary. The Lawyers Welfare and Protection Act states that any person who commits or aids in committing an act of violence against an advocate, with the exception of certain acts of violence specified in section 2(a)(ii), shall be subject to punishment. This punishment may include imprisonment for a period of up to three years, a fine of up to one hundred thousand rupees, or both. If a person is convicted of an offence under this Act for the second time, after having already been convicted once before, they shall be punished with imprisonment for a minimum term of one year and a maximum term of five years, or a fine of up to two hundred thousand rupees, or both. The Lawyers Welfare and Protection Act, 2023 is a landmark legislation that provides protection to advocates in Pakistan against any act of violence, harassment, coercion, or intimidation while they perform their professional duties. The Act emphasizes the prompt investigation of such offenses by a police officer not below the rank of an Inspector, which must be completed within fourteen days from the registration of the case. This provision is crucial to ensure timely justice for advocates and send a strong message that such offenses will not be tolerated. The Act also designates specific courts throughout the country, appointed in consultation with the Chief Justice of the High Court concerned, to take cognizance of cases registered under this Act. The designated courts must decide the case expeditiously, preferably within six months, and any adjournment in the case must be followed by reasons. The Act’s emphasis on a prompt investigation and speedy trial is a vital step towards providing a safe and secure working environment for lawyers in Pakistan. Moreover, the Act provides an additional layer of protection to advocates by prohibiting the arrest, detention, or investigation of any advocate under any law to obtain any document, material, or information pertaining to their professional duties. Any violation of this provision is deemed an act of violence under the Act. One of the most significant provisions of the Act is that all incorporated companies with capital more than 20 million or autonomous bodies or corporations shall have at least one legal advisor on a retainer-ship basis. This provision will open new avenues for both new and existing expert lawyers to seek employment in their field. The Act also includes provisions for health facilities for the family of the lawyer, including parents, wife, and children, similar to those provided to gazette officers. The financial facilities provided to the lawyer by the concerned institution will also be improved under this Act. Furthermore, the Act introduces a shuhada package, which provides compensation to the family of the lawyer in case of their death, similar to that provided to Grade 18 employees. This provision will help to address the financial needs of the family of the lawyer in the event of an unfortunate incident. However, the lawyers warmly welcome the act but there are some reservations as well. That is a valid concern raised by junior lawyers regarding the Lawyers Welfare and Protection Act. It is essential to support young and talented lawyers who are starting their careers in the legal profession. The issue of pro bono work without any financial support can lead to discouragement among young lawyers, and it may force them to leave the legal profession for other opportunities. It would be advisable for the Bar Councils to take notice of this issue and consider introducing an amendment to address it. The government and legal fraternity can also work together to provide financial support to young lawyers who are doing pro bono work. This can be done by setting up a fund to support the young lawyers during their initial years. By providing financial support, we can encourage young lawyers to continue their practice and contribute to the legal profession. Another reservation from some part of the legal community is about the pension. The legal profession can be quite demanding, and many lawyers continue working well into their old age. Providing a pension to senior lawyers who have contributed significantly to the legal profession and served the community for many years could be a way to honor their service and support them in their retirement. However, the implementation of such a scheme would require careful consideration and planning, including identifying the criteria for eligibility and determining the funding sources. It would also require the support and cooperation of the relevant authorities and organizations within the legal sector. It is suggested to implement a policy that provides reduced fees for education to the children of lawyers, as well as offering scholarships to the lawyer community’s children. Providing affordable education and scholarships to the children of lawyers would not only benefit the lawyers’ families but also contribute to the development of the legal profession in the long run. It would encourage more young people to pursue a career in law, which would ultimately benefit the legal system and society as a whole. It would also be a way of acknowledging the contribution of the legal community to the country and supporting their families. The Lawyers Welfare and Protection Act, 2023 is a significant step towards ensuring the safety and security of advocates in Pakistan, providing them with a conducive working environment to perform their professional duties. The Act’s emphasis on prompt investigation and speedy trial of cases registered under the Act sends a strong message that such offenses will not be tolerated, and justice will be served swiftly. The lawyer community is thankful to the Bar Councils for working on it.