Lawyers from Hell? Sri Lanka’s Legal Profession and the Case for Urgent Reform
A Crisis of Trust
In Sri Lanka, justice is supposed to be blind—but walk outside any court complex and a different reality emerges: lawyers crowding bus stops, approaching strangers, and whispering offers of legal help like touts at a bazaar . Inside, clients are handed no care letters, no receipts, and often no clear explanation of fees. Cash transactions dominate, and accountability remains a rarity .
The legal profession, once held in high esteem, now faces accusations of being the most corrupt and unaccountable sector in Sri Lankan society. From failing to provide basic client care to exploiting political connections, the allegations against Sri Lankan lawyers are severe enough to demand urgent institutional reform.
The Culture of Unaccountability
No Client Care, No Receipts
In most common law jurisdictions—the UK, Australia, Canada—a solicitor must provide a client care letter outlining fees, responsibilities, and complaint mechanisms. In Sri Lanka, such practice is virtually unheard of. Clients hand over cash, often in unmarked envelopes, and are lucky to receive even a scrap of paper in return . One Colombo-based lawyer admitted: "If I give a client a receipt, it's almost seen as odd. Everyone pays in cash. That's just how the profession has worked for decades" .
This culture of informality carries heavy costs. International embassies increasingly treat Sri Lankan lawyers with suspicion, noting their anaemic bank statements when applying for visas. One senior lawyer, asked to explain his lack of financial transactions, submitted a letter saying he was "paid in cash by clients"—his application was rejected outright .
The Tax Evasion Epidemic
According to informal assessments by Inland Revenue officers and financial crime investigators, as much as 85% of Sri Lankan lawyers under-declare their income . If a profession built on the knowledge of law cannot comply with tax obligations, what hope exists for ordinary citizens?
The Prevention of Money Laundering Act and tightening Financial Action Task Force (FATF) recommendations now require tighter financial oversight. Yet lawyers continue to transact in cash, often without issuing invoices, with the discretion of a Swiss banker .
The "Network" Problem
Clients frequently report that lawyers claim to have special access to judges—through "school connections, badgemate networks, political ties, and caste links." These claims are used to extract higher fees, suggesting that bail or case outcomes can be secured through personal relationships rather than legal merit. Such practices fundamentally undermine the principle of equal justice under law.
Inadequate Self-Regulation
The Bar Association of Sri Lanka (BASL), while quick to issue thunderous press releases on constitutional violations, has been curiously house-trained when it comes to internal rot . Allegations of misconduct—failing to represent clients, failing to issue receipts, accepting cash without documentation—are rarely investigated or punished .
Yet the Supreme Court has shown it can act when complaints reach it. In September 2024, a lawyer was disenrolled for failing to take necessary steps in two cases after receiving Rs. 4.45 million in legal fees . The court observed that the attorney had "acted in a manner unbefitting of an Attorney-at-Law" . In October 2024, another lawyer was suspended for five years for failing to appear in court as assigned counsel, with Justice Thurairaja noting: "Any attorney who cannot appear before the court must take necessary steps to appoint a competent deputy... so as to ensure that their client is not prejudiced" .
These cases demonstrate that the Supreme Court has the power to discipline lawyers under Section 42(2) of the Judicature Act No. 2 of 1978 and the Supreme Court (Conduct of and Etiquette of Attorneys-at-Law) Rules 1988 . The question is: why does the profession fail to self-regulate before matters reach the apex court?
The President's Counsel Problem
Perhaps the most glaring distortion in Sri Lanka's legal system is the President's Counsel (PC) title—modeled on Britain's Queen's Counsel but functioning as a political reward system. Appointments are often made not on merit, but on connections . Lawyers who never attended university but entered through Sri Lanka Law College have been granted PCs and now parade as "showbiz lawyers," charging exorbitant fees while flaunting their titles .
To many younger lawyers, the PC system is an insult—it entrenches a two-tier profession, dividing lawyers into the politically blessed and the ordinary .
Lawyers in Politics: Serving Two Masters
There is a peculiar Sri Lankan tradition of lawyers moonlighting as Members of Parliament—or rather, MPs moonlighting as lawyers, depending on which public paycheque they are currently cashing. In most functioning democracies, such dual roles are declared conflicts of interest. Yet in Sri Lanka, this is not just tolerated but almost celebrated .
Once an individual is elected to public office, their private legal practice should be suspended—not merely as a matter of decorum, but to prevent exactly the sort of legal-political brokerage that has eroded public trust in both professions .
What Taxpayers Can Demand
Citizens who fund the judicial system through their taxes have a legitimate right to demand accountability from the legal profession. The following reforms are urgently needed:
1. Mandatory Receipts and Bank Transfers
No payment should go undocumented. All fees should be paid via bank transfer or digital payment systems, with receipts issued for every transaction .
2. Client Care Letters
Lawyers must be required to issue formal engagement letters outlining scope of work, fee structure, billing arrangements, and complaint mechanisms .
3. Tax Compliance
The Inland Revenue Department must be empowered to audit legal practices and suspend licenses for habitual under-declaration of income . The government could mandate that law firms submit annual tax returns as a condition of continued practice.
4. Conflict-of-Interest Protocols
No lawyer should be allowed to continue private practice after assuming political or local government office .
5. Disciplinary Council Reform
An independent regulatory body, established with the Ministry of Justice, should monitor lawyers' conduct, investigate complaints, and suspend licences pending inquiry .
6. Retirement Age and Ethical Standards
Taxpayers may reasonably demand that lawyers, like judges, be subject to a mandatory retirement age to ensure generational renewal. The Supreme Court, which has "inherent disciplinary powers over its officers" , could issue rules under Article 136 of the Constitution requiring:
· Regular asset declarations
· Mandatory Continuing Professional Development (CPD) on ethics
· Transparency in fee structures
Restoring Public Trust
Sri Lanka's legal profession faces a credibility crisis. A profession that operates in shadows—with cash payments, no receipts, political favouritism, and weak self-regulation—cannot command the public respect essential for the administration of justice.
The Supreme Court has demonstrated, through recent disciplinary rulings, that it possesses the authority to enforce ethical standards. What is missing is the political will to reform the system comprehensively. Taxpayers, the judiciary, and civil society must demand that lawyers be held to the same standards they expect from others—standards of transparency, accountability, and integrity. As one senior BASL member admitted privately: "We are no longer seen as learned professionals. We are seen as hustlers. If the profession continues like this, we will lose all public respect" .
The time for reform is now. The question is whether the legal profession will finally act—or whether it will remain, in the eyes of the public, a "guild of the corrupt."