Following the decision to fix 35 years as the maximum entry age for practising as a lawyer, discussions have emerged regarding the necessity of determining a retirement age in the legal profession.
According to a section of lawyers, maintaining active involvement in the profession becomes difficult for many after a certain age due to declining physical and mental capacity.
Furthermore, in the absence of a fixed retirement age and benefit system, ensuring financial security after leaving the profession remains difficult.
The Bangladesh Bar Council has set 35 years as the maximum age limit for enrolment as a lawyer. The decision was unanimously adopted during a meeting chaired by Bar Council Chairman Barrister Md Ruhul Quddus Kazal on 19 August.
The new rule will come into effect on 1 January 2030. Attorney General and Bar Council Chairman Ruhul Quddus Kazal confirmed the development on Tuesday, 13 October.
Explaining the rationale behind setting the entry age limit, Kazal said that the decision was taken not only in the interest of lawyers, but also in the national interest. He claimed that the entry of individuals of various age groups into the legal field has led to a growing presence of “touts” in legal circles.
He noted that some individuals join the legal profession at the age of 50 to 55 after acquiring experience in other occupations, including persons accused of corruption. In this context, he questioned whether the legal profession has turned into a dumping station for corrupt individuals.
Supreme Court lawyer Khademul Islam argued that if a maximum entry age limit is established for the legal profession, a retirement age limit should also be determined. In his view, lawyers could be allowed to remain in practice up to a maximum age of 75 years, enabling them to retire at the end of their professional life with entitled benefits.
Khademul Islam told TIMES that due to the absence of a retirement age limit, many lawyers are forced to live in miserable conditions in the final phase of their lives.
In particular, those unable to practice regularly owing to illness or other reasons find it difficult to pay regular contributions to the lawyers’ Benevolent Fund. As a result of unpaid contributions, they are classified as defaulters, which prevents their children from drawing money from the fund.
He added that fixing a retirement age would create an opportunity for lawyers to retire with financial benefits, noting that a 75-year age limit aligns with the average life expectancy of people in the country.
Md Bahauddin Al Imran, Supreme Court lawyer and President of the human rights organisation Rise for Rights Foundation, viewed the decision to set a maximum age limit for lawyers positively. However, he suggested that the maximum entry age limit could be set at 40 years instead of 35 years.
Speaking to TIMES, Bahauddin Al Imran pointed out that questions also exist regarding lawyers’ retirement age and benefits. He suggested that after providing retirement benefits, opportunities could be created for retired lawyers to work in various law-related institutions.
The recommendation to fix a maximum age limit for enrolment as a lawyer was put forward by the Legal Education Committee of the Bangladesh Bar Council. The committee highlighted the necessity of determining a rational age limit in the context of Civil Petition for Leave to Appeal No. 253/2014 in the Appellate Division of the Supreme Court of Bangladesh on 6 August 2024.
According to the committee, setting a maximum entry age limit is appropriate to enhance the dignity and efficiency of the legal profession, ensure long-term professional commitment, and keep the profession dynamic.
When the committee’s proposal and recommendations were subsequently presented at the Bar Council meeting, the members reached a consensus on setting 35 years as the maximum age limit.
Currently, under Article 27(1)(b) of the Bangladesh Legal Practitioners and Bar Council Order, 1972, the minimum entry age for the legal profession is 21 years. On the other hand, while the Constitution of Bangladesh specifies a retirement age for Supreme Court judges, there is no statutory retirement age for lawyers, including the Attorney General.
The decision to set a maximum enrolment age introduces a new rule for entering the profession. Simultaneously, it has brought to the forefront discussions regarding lawyers’ financial security in the twilight of their professional lives, Benevolent Fund benefits, and opportunities for employment in law-related institutions post-retirement.
