Lord Denning echoed this in Rondel v Worsley (1969), stating, “the lawyer’s duty is to the client, but it is also to the administration of justice. It is a calling that unites us all in the pursuit of fairness and right.”
Likewise, Charles Evans Hughes, former Chief Justice of the U.S. Supreme Court, underscored in New York v United States (1932), “the unity of the legal profession is essential to the administration of justice. It is through the collective efforts of lawyers, bound by a common ethical standard, that the law can maintain its strength and integrity.”
The legal profession holds a unique place in society, acting as the cornerstone of justice, the upholder of the rule of law, and the protector of rights. This role is particularly significant in The Gambia, given the country’s transition from an authoritarian regime to a democracy. In such transformative times, a unified legal fraternity is not just beneficial, it is indispensable.
The Gambian legal system, like any other, thrives on integrity, credibility, and trust. A fragmented legal fraternity risks undermining these very foundations. Collaboration among lawyers, judges, and legal practitioners bolsters the public’s confidence in the judiciary, particularly during pivotal moments such as human rights proceedings and transitional justice processes. A unified approach ensures fairness, transparency, and the absence of political influence, thereby reinforcing the integrity of our courts.
In our evolving democracy, a divided legal profession is a disservice to justice. It exposes the system to corruption, bias, and unethical practices. When legal practitioners come together under a shared commitment to ethical conduct and mutual respect, they collectively uphold the standards that define the profession. Such unity is vital for addressing the challenges The Gambia faces, including legal reforms, strengthening human rights, and building public trust in institutions.
A key driver of unity is leadership within the legal fraternity. The President and Executive of the Gambia Bar Association must be impartial stewards of the profession, representing all members, not a select few. By promoting inclusivity, fairness, and collaboration, the Bar can set an example for unity, ensuring that no lawyer feels excluded or marginalised. This is particularly crucial in our small yet diverse legal community.
Furthermore, the Bar Association must remain apolitical, serving as an impartial guardian of justice. Any perception of partisanship undermines the Association’s credibility and risks alienating its members. In maintaining neutrality, the Bar reinforces its role as a unifying force within the profession.
Unity within the legal fraternity can also address systemic challenges, such as limited access to justice in underserved areas. Joint initiatives like mobile legal clinics and pro bono services can bring legal assistance to rural communities. Senior lawyers mentoring junior colleagues during such initiatives not only expand access but also nurtures professional growth and knowledge sharing. For example, the post-TRRC legal reforms require cohesive efforts from the legal fraternity. A united front can push for necessary constitutional changes, strengthen human rights protections, and ensure that the reforms reflect the aspirations of all Gambians. Lawyers acting collectively can play a pivotal role in shaping a more just and equitable society.
The Gambian legal profession, though small, has immense potential for growth and excellence. Unity encourages an environment of mentorship where senior practitioners continue to guide younger lawyers through the complexities of the profession. This is particularly critical in transitional justice, where shared experiences and collective wisdom can ensure the profession maintains its high standards. Supporting Gambian trained lawyers for pupillage is also vital for nurturing the next generation of legal minds. Preferring non-Gambian trained lawyers over local graduates’ risks creating divisions and undermining our legal education system. A unified fraternity must champion local talent, recognising its importance to the sustainability and progress of our legal profession.
The legal fraternity also has a broader role in promoting social cohesion. By acting as a stabilising force during political tensions and advocating for the peaceful resolution of disputes, lawyers contribute to national unity and stability. A united legal fraternity can address societal challenges, such as inequality, injustice, and human rights violations, while advancing legal reforms and public policy that benefit all Gambians.
Unity must not come at the cost of professional integrity. Informal agreements between lawyers not to oppose one another are unethical and detrimental to justice. Such practices undermine the adversarial system, erode public trust, and fragment the profession. True unity requires lawyers to uphold their duties to clients and the courts, engaging in respectful but firm opposition where necessary.
The unity of the legal fraternity is the bedrock upon which the legal profession can fulfil its duties to society. For The Gambia, a unified legal profession is more than a professional ideal, it is a national necessity. By working together, upholding integrity, supporting professional growth, and promoting access to justice, lawyers can ensure that the rule of law remains strong, and that justice serves its true purpose i.e. protecting rights, ensuring fairness, and advancing the common good.
As Sir Edward Coke aptly said, “only in unity can the law serve justice.” Let us, as legal practitioners, embrace this truth, recognising that our collaboration strengthens not just our profession but also the fabric of Gambian society.
