This week, it was reported that a lawyer, who had provided forged documents to enter the Law College and also to obtain a National Identity Card (NIC) and a passport, has been indicted under five charges. According to media reports, the lawyer in question has been in possession of one fake birth certificate and one fake NIC, which he had used to obtain a passport.

While forging such legal documents is an offence, such actions coming from a lawyer, a person with a legal background whose job is to act as ordinary citizens’ legal representative, is alarming. 

Lawyers’ conduct has sparked controversy in the recent past due to several incidents – such as fund embezzlement allegations against certain Bar Association of Sri Lanka top members and contempt of court charges against a lawyer in the Supreme Court – and hence, lawyers’ ethics should receive more attention.

Lawyers adhering to ethical standards is vital for the integrity of the legal profession and the justice system, especially in a context where the rule of law in Sri Lanka has become a topic of discussion. Ethics ensure that lawyers act in the best interest of their clients, uphold the law, and maintain public confidence in legal institutions, and that is something a country that is striving to uphold the rule of law can benefit from. The fact that lawyers are not mere representatives of their clients but are also professionals that contribute to the enforcement of the law, needs to receive attention. At the end of the day, ethical behaviour in lawyers supports the broader principle of justice. Regarding this, perhaps, a broader discourse should be initiated. Such a discourse is important because lawyers, as any other human being, may engage in unacceptable behaviour depending on the circumstances, and the adherences to ethics expected from them therefore should be constantly reminded.

Ethics are not something that is applicable only to lawyers. The affairs of the Judiciary and the enforcement of the law are processes that involve a number of parties other than lawyers. Ethical conduct needs to be expected from court staff such as those in charge of evidence, officials that conduct various forms of examinations on evidence such as the Government Analyst's Department, and the officials that liaise between the courts and other relevant parties. Without ethical conduct and full support from them, serving justice would be a challenging process. The matter of ethics is therefore a topic that needs to be discussed in those circles as well.

At the same time, incidents such as these should be taken into account during ongoing digitising efforts, as these types of incidents can be easily thwarted if there was a system which allows access to all identification documents of a person. For example, if the said lawyers’ original documents were accessible to the Immigration and Emigration officials, they would not have issued a passport under the fake documents provided by the lawyer. During the past few years, a number of steps have been taken to improve the digitisation of records, and as per the available reports, identification documents are also being digitised. In fact, the Cabinet of Ministers has this week granted approval for the integration of public sector information technology systems in a bid to enhance the efficiency and quality of the public service.

At the end of the day, adherence to ethics is fundamental in maintaining the rule of law and ensuring that justice is served effectively and fairly. To do that, both people and processes need to be strengthened, streamlined and improved. Without such steps, upholding the rule of law and maintaining the public’s trust in the Judiciary and the law enforcement authorities would be a significantly arduous task.