Features
Whither legal profession?
By Dr. Justice Chandradasa Nanayakkara
The recent judgment of the Supreme Court disenrolling attorney at law Nagananda Kodituwakku from legal practice for professional misconduct should prompt us to take a realistic and dispassionate look at the whole legal profession in this country.
Professional conduct is a fundamental prerequisite in any profession. Every profession has time-honoured ethical values and practices that its members are expected to observe in conducting their professional tasks and duties. These fundamental values and practices have been handed down from generation to generation. They are considered to be of fundamental importance and enduring value in any profession. The primary object of ethics in a profession is to, maintain the dignity and integrity of the profession. They also go a long way towards building trust and credibility with clients, colleagues, and the wider community.
Ethics in simple terms are the moral principles and standards that guide the behaviour and conduct of the professionals in their chosen fields. Today, we live in a time when the core values of every profession are being openly violated and treated with scant regard. The decline in professional values and professionalism has seeped into nearly every profession so much that no profession can boast of having maintained an untarnished professional reputation. This has resulted in the whole climate of opinion becoming hostile to many professions.
Professional ethics is particularly important in fields such as law medicine, engineering, and accounting. where professional conduct has a significant impact on the lives of individuals and society as a whole. Failure to adhere to ethical standards in these fields is bound to result in serious consequences, including loss of life, property, and financial loss.
In the legal profession, just as in other renowned professions adherence to ethical principles becomes very significant as every action, word, and decision professionals make has profound implications for society. As such it is crucial for lawyers to adhere to a strict code of ethics ensuring that they act with utmost honesty, integrity, and dedication.
The legal profession is one of the traditional professions characterised by certain features. Firstly, it is presumed that its members have specialised knowledge and a set of skills that are not generally available to a person who does not belong to that profession. Secondly, society accords special privileges to the legal profession because it thinks that lawyers would utilise their specialised knowledge in the best interests of their clients.
The word profession suggests a certain stature and prestige. The legal profession has been considered honourable and noble for centuries. It occupies a unique and responsible position in all civilised societies.
The legal profession has a long, distinguished, and eminent place in the history of this country. For many centuries’ lawyers have stood at the center of society and have played an important role in society. Not only in Sri Lanka but worldwide there is a high proportion of heads of state, ministers, and high officials drawn from the ranks of the legal profession. Leading the country in the right direction has fallen to the task of lawyers and it is generally the lawyers who have given leadership in our country more than any other. The future of a democratic state largely depends on the leadership provided by the legal profession.
There were eminent and patriotic lawyers in the past who fought indefatigably for the independence of this country. It is the lawyers who preserve inviolate the sacred fundamental and constitutional rights of the people enshrined in the Constitution whenever there are incursions into those rights. Lawyers have also fought valiantly to create a more equitable and just society in a period of crisis. Occasions have been many when lawyers fought for justice and equality. Therefore, there are ample reasons for the legal fraternity to be proud of its rich and glorious past.
Therefore, it is up to the present members of the profession look to the past and draw inspiration from the forebearers of the profession and keep the prestige of the profession inviolate.
Regrettably, today people witness a marked deterioration in the standard of the legal profession and the practice of law has now become a business in this country. It is important to remember that the legal profession is not a business or trade but a profession. A lawyer is expected to maintain a standard of conduct above that of a businessman.
As Thomas Shaffer, an American and most prolific author once declared. People become lawyers for many reasons. For some it is money: for some, it is the thrill of competition and desire for success: for others, it is the status that comes with it. At one time legal profession was ranked as the lowest among the professions and was considered one the most despised and hated professions in the US. It commanded little respect in their estimation. The President of the New York State Bar Association referring to the United States legal profession declared “Greed and avarice seem to permeate every facet of life in this country and practice of law too, is, not exempt.” It is no exaggeration to say that this applies equally to our legal profession. The legal profession has indeed moved away from long-established traditions and cannons of professional ethics.
In Sri Lanka, the practice of law by direct solicitation is prohibited in law. Nevertheless, how this prohibition is openly flouted with impunity by some unscrupulous lawyers can be seen if a person walks into some of the Magistrate’s Courts in the country. He will be able to see for himself how touts and other intermediaries hang around in the precincts of the courts to persuade prospective litigants to retain particular lawyers regardless of their capabilities. Such direct solicitation is bound to degrade the legal practice into a graft and destroy the confidence and respect of the community in the profession as a whole.
Some lawyers lack boundaries when stooping to low conduct, as they go to the extent of standing outside the courthouses with business cards in their hands offering their services to litigants. It is a disgusting practice degrading the whole profession, as a lawyer is not expected to solicit business or advertise either directly or indirectly.
People are appalled by the shame and disgrace to the profession and the legal profession has suffered tremendous damage to its image by the conduct of a few unscrupulous lawyers.
Moreover, some lawyers depend entirely on the police for their practice. They resort to what is known as police touting for their survival. There are also instances where defence lawyers have attempted to win over the witnesses with the cooperation of prosecuting officers intending to secure acquittals in cases.
Some lawyers are not dignified in their speech. They address the police officers on a friendly basis and address them as machan to obtain cases for them. Even some female lawyers address police officers by their first names and police officers in return address them by their first names. There have been instances when some junior lawyers have been abusive towards the senior members of the bar. It is sad to note that there are thorough misfits in the profession
However, it cannot be denied that there are exemplary practitioners in the legal profession and many lawyers are decent, ethical in their conduct and are hard-working, and maintain a high degree of integrity and commitment.
To uphold the integrity of the legal profession lawyers must be held accountable for breaches of established standards of professional conduct. It is of paramount importance that complaints against lawyers for misconduct in their professional capacity should be investigated expeditiously and appropriately dealt with if they are found wanting in their professional duties.
Although, much has been written and spoken on the deteriorating standards but nothing substantial seems to have been done to arrest the declining trend by the authorities whose responsibility it is to regulate the profession in the country.
The Bar Association as the governing body that represents the profession should have full control and powers of discipline over its members. However, the Bar Association’s failure to maintain high standards of ethics and professionalism warrants criticism.
It appears that there have been little efforts to arrest professional misconduct and malpractices committed by some black sheep and misfits in the profession. Disciplinary actions by the Bar Association to deal with professional misconduct committed by lawyers are few and far between. One can see an attitude of complacency and resignation in the face of the declining trend. There is a sense of apathy and inertia on the part of the authorities. The continued failure of the Bar Association to ensure that its members maintain high ethical standards in the practice of law has led to the decline in the profession and the corresponding decline in the public esteem of lawyers. As a result of the marked increase in the lawyers misconduct and the failure of the authorities to discipline violators, the standing of the legal profession is at its lowest. Therefore, it behoves the president of the bar association to take steps to arrest the declining trend in the profession.
The government should also be committed to safeguarding and improving a strong and independent legal profession. However, the legal profession’s independence is not a justification for immunity from public scrutiny. The government has a role to act in the public interest in setting the framework in which the self-regulating legal profession can provide an independent and quality legal service to the public.
I have adverted to some of these unpalatable truths that bring discredit and dishonour to the entire profession in one of my previous articles.
It is important to remember that the nobility of the legal profession lasts only so long as its members maintain their commitment to integrity and service to the community. The honour and nobility come to the profession through the conduct and behaviour of its members. Therefore, it is the duty of a person practicing law to maintain probity and a high standard of professional ethics and morality.
Features
Dilemmas of ‘hurting economies’ – the case of Sri Lanka
Maldives President Dr. Mohamed Muizzu was in Sri Lanka recently on what was apparently a goodwill visit and this event, no doubt, bodes very well for Maldives-Sri Lanka relations. Besides, the visit would go some distance in strengthening Sri Lanka’s claims to Non-Alignment.
However, the commentator on regional politics could be accused of simplistic thinking if he/she glosses over or ignores the regional politics nuances or undertones of the Maldivian President’s visit. In Sri Lanka we currently have a government which is eager to solidify its bridges, so to speak, with China and which, given the chance, would be courting increasingly close relations with Russia. In other words, the NPP government is likely to see itself as a ‘natural ally’ of the East and would prefer to distance itself to the extent possible from the West, if that is a realistic proposition.
Given the foregoing backdrop, it would be in some of the NPP regime’s best interests to be on cordial terms with the Maldives which is a close ally of China in the South Asian region. However, the NPP government, given the utter financial helplessness of Sri Lanka, cannot afford to distance itself politically and diplomatically from India and the West. Sheer economic necessity compels Sri Lanka to adopt this foreign policy stance. In other words, the latter has no choice but to be ‘Non-Aligned.’
This columnist was led to the above observations on listening to a lucid and comprehensive presentation titled, ‘A Global Economy in the Shadow of the Iran War and implications for Sri Lanka’s debt recovery’, by Dr. Ganeshan Wignaraja, Visiting Senior Fellow, ODI Global London, at the Regional Centre for Strategic Studies (RCSS), Colombo on May 4th. The forum, RCSS Strategic Dialogue – 4, was moderated and presided over by RCSS Executive Director Ambassador (retd) Ravinatha Aryasinha.
The forum brought together a wide cross section of society, including diplomatic personnel, academicians, public and private sector personalities and the media. After the presentation a very lively and informative Q&A followed.
Ambassador Aryasinha at the outset set an appropriate backdrop to the presentation and discussion by stressing ‘the increasing interconnectedness of geopolitical and economic developments, noting how disruptions in the Middle East could have significant ramifications for global markets, trade flows, energy prices and broader economic stability, including Sri Lanka.’
Indeed, there are occurring currently very disruptive economic and material consequences for the world from ‘the Iran War’, and with US-Iran hostilities spiraling in West Asia it may not be wrong to surmise that the worst could be yet to come, unless a peace process materializes in earnest.
Meanwhile, ‘hurting countries’ such as Sri Lanka would need to summon their best economic management capabilities to remain materially and economically afloat. ‘Economic transformation’ is what is urgently needed and not mere management and some of the insights thrown up by Dr. Ganeshan Wignaraja should have the local polity thinking.
There was the following observation, for instance: ‘Sri Lanka has achieved remarkable cyclical stabilization but faces critical challenges in transitioning to transformative growth, with 2027-2028 debt repayments looming and only $5.4 billion usable reserves.’
Needless to say, the path ahead to ‘transformative growth’ for Sri Lanka is strewn with multiple challenges and meeting them effectively is of the first importance. Sri Lanka must soldier on towards even a semblance of development in the short and medium terms and such initiatives cannot be separated from its foreign policy choices since the country’s economic partners and their growth prowess have a close bearing on the country’s material fortunes.
As mentioned, Sri Lanka will be compelled to be ‘a friend of all countries and an enemy of none’ going forward but it cannot afford to be seen as cultivating China as a close growth partner at the expense of India and other major economies of the region.
This is primarily because while India is remaining a major economic power, the current West Asian crisis notwithstanding, China’s economy is being seen as ‘slowing’. Dr. Wignaraja singled out the following in the main as the factors causing this slow-down: a bursting property bubble, increasing state regulation, and weakening investor confidence. Besides, the speaker sees production cycles moving away from China and India replacing China and Hong Kong as ‘manufacturing hubs’.
Accordingly, the NPP regime in Sri Lanka would need to craft its regional policy in particular with the utmost far-sightedness. It will need to have close economic links with all the growth centres that matter.
On the question of authentic economic transformation, the following observations of Dr. Wignaraja on Sri Lanka’s economy are of the first importance as well: ‘Foreign reserves are now at $ 5.4 billion, the cost of living is high, an estimated 20 per cent of the population lives below the poverty line of $ 3.65 per day, the recent cyber security breach at the Treasury would affect some 10 payments.’ These factors were termed ‘critical vulnerabilities’.
It is difficult to conceive of an economic transformation worthy of the phrase minus a steady economic empowerment of the populace. The above data point to the considerable magnitude of the local poverty problem. Right now, the disruptive effects of the West Asian crisis render swift poverty alleviation a most difficult proposition.
One possible way out of the present economic debacle is the forging of a national consensus by the present government on all outstanding problems that have been bedeviling the country’s advancement. That is, there needs to be a meeting of minds across current political divides. Considering the present inflammatory political polarities in Sri Lanka this would prove an insurmountable challenge.
Unfortunately, conscience-filled and civic minded sections in Sri Lanka have chosen to be laid back rather than seize the initiative, come centre stage and impress on politicians the need for enlightened governance and progressive change. There needs to be a historic coming together of the right thinking to ensure that the best interests of the people and of the people only are served by governments. In the absence of such a process, might would be projected as right and brute force would come to increasingly rule politics and society.
Features
Australia funds project to restore climate-resilient vegetable livelihoods in cyclone-affected highlands
The Ministry of Agriculture, Livestock, Lands and Irrigation, the Government of Australia, and the Food and Agriculture Organization of the United Nations (FAO) have launched of a AUD 2 million (USD 1.4 million) recovery initiative to restore and transform vegetable production systems in the cyclone-affected districts of Nuwara Eliya and Badulla.
The FAO said yesterday (5) that the agreement was formalized through the signing of the grant agreement by Matthew Duckworth, Australian High Commissioner to Sri Lanka, and Vimlendra Sharan, FAO Representative for Sri Lanka and the Maldives, alongside the signing of the project document by D. P. Wickramasinghe, Secretary of Agriculture.
Cyclone Ditwah, which struck Sri Lanka in November 2025, caused widespread devastation across the country, severely disrupting agricultural production systems and livelihoods. The highland districts of Nuwara Eliya and Badulla, key suppliers of vegetables such as beans, carrots, leeks, cabbage, tomato and potato, were among the hardest hit, with thousands of smallholder farmers losing crops, seed stocks, and productive assets.
This 12-month initiative aims torestore and strengthen climate-resilient vegetable production systems, with a strong focus on empowering women farmers and supporting persons with disabilities. The project will directly benefit more than 2,400 smallholder farmers, through improved seed and seedling production systems, small machinery, training, and market linkages while indirectly supporting thousands more.
“This initiative is an important step not only in restoring what was lost, but in building a more resilient and self-reliant agricultural sector,” said Minister Lal Kantha. “By strengthening local seed systems and supporting smallholder farmers, particularly women and vulnerable groups, we are investing in the long-term sustainability of Sri Lanka’s food systems.”
“Australia stands alongside Sri Lanka in its ongoing recovery from Cyclone Ditwah,” said High Commissioner Duckworth. “Australia is a steadfast partner in the agriculture sector with its importance for food security, rural development and climate resilience. By focusing on climate smart practices, farmer-led solutions and inclusive economic opportunities, this project will deliver meaningful and lasting benefits to affected communities.
The project will prioritize the restoration of farmer-led seed systems for beans and potatoes, support the re-establishment of both open-field and protected cultivation systems and women led seedling supply nurseries while empowering all farmers with Climate-Smart Good Agricultural Practices (CSGAP) with small scale machinery and input support.
A key feature of the initiative is the establishment of six accessible and inclusive nurseries in Nuwara Eliya and Badulla. These nurseries will serve as sustainable agri-based enterprises, producing high-quality vegetable seedlings while creating new income opportunities and strengthening local input supply chains.
By combining recovery support with long-term resilience measures, the project will help stabilize vegetable production, improve household food security and nutrition, and reduce reliance on imported seeds.
Features
War on Iran may hasten unraveling of New World Order
It took several decades for the US to realise it was losing the war in Vietnam. It took a bit shorter time in Afghanistan. And what is happening in the countries the US and Israel intervened and broke up? The US has been asked to leave Iraq. Syria is talking to Russia about establishing military bases, President al-Sharaa met with Vladimir Putin in Moscow to discuss the project, which is vital for Russian power projection in the Middle East. Libya has been divided into two competing administrative units with the Eastern section actively engaged with Russia in defence matters. The Sudanese government has finalised a 25-year deal to allow a Russian naval facility in the Red Sea in exchange for weapons, including anti-aircraft systems. On the Eastern side of the Red Sea, Yemen remains divided, with the main power center, the Houthis maintaining a staunchly anti-US, anti-Israel stance, while the internationally recognised government remains in exile.
When the Iranian Foreign Minister recently undertook a tour of Pakistan, Oman and Russia, the US wanted to meet him and got ready to send its negotiators Vice President J. D. Vance and his team to Pakistan, but Iranian FM snubbed them and left Pakistan, saying Iran did not want to talk to the US while a blockade of their ports were in place. The Iranian FM met President Putin, who congratulated Iran for courageously defending their country and then phoned US President Trump and told him further attacks on Iran would not be acceptable. During this conversation on April 27, 2026, Putin reportedly warned Trump that further U.S. or Israeli attacks on Iran would have dangerous consequences, according to Al Jazeera). Such a sequence of events would not have been possible in the unipolar world we had in the past.
Furthermore, the damage that Iran has inflicted on the US and Israel in this war would have been unimaginable in the late 20th Century and early 21st Century. Sixteen US military bases spread across Saudi Arabia, Qatar, UAE, Bahrain, Kuwait, Iraq, Jordan and Oman have been either destroyed or severely damaged. Advanced surveillance aircraft and radar systems worth more than $ 2.8 bn were destroyed. This had a far-reaching effect on the war as the US could not use these bases in the war against Iran and also in the defence of its allies in the Gulf.
The attacks on Israel have been equally damaging. In Central Israel and Tel Aviv area multiple attacks targeted military and intelligence assets, resulting in massive damage. Iranian missiles hit the Haifa oil refinery, causing a shutdown, and hit residential buildings, leading to injuries and structural damage. Residential and commercial areas were damaged in Bat Yam and Petah Tikva with significant casualties and destruction. Attacks in Dimona and Arad targeted the Negev Nuclear Research Center, with casualties reported in both towns. The Soroka Medical Center in Beersheba was hit in a strike. The strategic port and naval base in Eilat were targeted. In Rishon LeZion suburban residential areas suffered extensive damage.
Usually, Israel makes short work of its many enemies in the region, for example it took just six days to defeat the combined military of Egypt, Jordan and Syria in 1967 and grab their land as well. Hamas, Fatah and Palestinians would suffer ignominious defeats if they dare challenge Israel. However, the recent war against Hamas, following a daring wide scale invasion into Israel by Hamas in October 2023, went on for more than two years with no conclusive victory for Israel.
These significant massive military setbacks suffered by the combined forces of the US and Israel have been made possible by the unprecedented advancement in military technology achieved mainly by China and to a degree by Russia as well. Iran has been able to develop ballistic missile systems that could penetrate the “iron dome” that Israel boasted, with technological assistance from China and North Korea. Iran’s drones are very cheap yet very effective, requiring interceptors worth millions of dollars to counter them, thus making it much more costly for the US to fight this war than it is for Iran.
Further, Hezbollah in Lebanon, Houthies in Yemen and Hamas in Palestine are well equipped with advanced missiles and drones. Hezbollah has been able to destroy about hundred Israel tanks and stop their advance. According to Larry Johnson, former CIA intelligence analyst, Israel soldiers are much war weary and mentally affected and are being withdrawn. Netanyahu’s 40 year dream of a “Greater Israel” is telling on the poor soldiers.
If a person like Barack Obama had been the US President instead of the hyper egoistic, blustering, intellectually barren Trump, things may have been different. An attempt would have been made to reconcile with the fact that the world is changing, instead of trying to stop it and make “America Great Again”. Perhaps, it could be said that Trump is facilitating the emergence of the new world order by enabling the US citizens to see the reality, the futility of war and the fact that Israel is a liability because the US is fighting its war. Further, the war has enabled Iran to assert its place in the region and negotiate from a position of strength.
Perhaps, Israeli people may realise that the Palestine problem cannot be solved by militarily occupying their land, and that in a changing world a “Greater Israel” is a “pie in the sky”. They may have to agree to a two-state solution. US support may not always be forthcoming, certainly not at the level that Trump could extend, as this war is very unpopular and expensive. The other very significant fact is that Israeli settlers in the occupied lands feel insecure and one in three wants to leave and the numbers may grow when Palestinians and their sympathisers grow in strength in the new world order.
Moreover, the war on Iran has afforded China the opportunity to demonstrate with authority the fact that it stands for universal peace and does not tolerate illegal wars. Its message to the US conveyed its world view and its desire for peace in no uncertain terms. Trump cannot afford to disregard the Chinese position on the war on the eve of his visit to that country which may decide on future trade between the two countries as the US depends on China for several essential materials like rare earth minerals. Furthermore, China has shown that peace could be achieved by developing the economies of the underdeveloped countries irrespective of their alliances. It helps Iran as well as Saudi Arabia and try to build bridges between these foes. It welcomes Trump in the coming weeks and hopes to strengthen ties between the two countries despite the weaknesses of the latter.
Another important factor is the gradual decline of the critical value of the petro-dollar. Following the end of the gold standard in 1971, the US struck deals with Saudi Arabia and other OPEC nations (around 1974) to price oil exclusively in USD in exchange for military protection and arms sales. Dollars earned by selling oil came to be known as petro-dollar. Oil producers, holding large dollar surpluses, reinvest these funds in the US Treasury securities, real estate, and financial assets ensuring the recycling of petro-dollars. The system ensures a consistent global demand for US dollars, which helps fund the US budget deficit and maintains the currency’s dominance.
However, the petro-dollar system is on the decline and there are two main reasons for this, firstly the gradual rise of the new world order with organisations like BRICS, making a concerted effort to extricate from the dollar dominance by developing alternate currencies and methods to bypass the dollar. Secondly, the need felt by most countries to develop alternative energy sources to replace enormously harmful fossil fuel would eventually result in a decline in the demand for it and consequently the effectiveness of the petro-dollar. China is leading the world in both these endeavours; depolarisation process and renewable energy production. The war on Iran seems to have hastened the process of depolarisation as Iran insists that it will sell its oil for yuan only.
These revolutionary changes in the aftermath of the Iran war have their undeniable implications for the Global South, where more than 60% of the poor live.
by N. A. de S. Amaratunga
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