PMLA effect: ‘Corporate lawyers are now forced to specialise in criminal laws’

Former Orissa HC chief justice Dr S Muralidhar said that top-notch corporate law firms have now formed a ‘specialised criminal proceedings cell’ to deal with bail-related matters.
(Representational Photo)
(Representational Photo)

CHENNAI: Growing number of raids by the Central agencies and the cases slapped under the Prevention of Money Laundering Act against entrepreneurs and others have forced the corporate lawyers to get specialised in criminal laws and run often to the subordinate courts for their clients, said Dr S Muralidhar, former Chief Justice of Orissa High Court.

Delivering the second lecture in memory of advocate K Sarvabhauman in Chennai on Saturday, he talked about the ethical challenges and professional duties of the modern day advocates.

Explaining the changing circumstances in practising corporate law in the wake of the Central enforcement agencies spreading their arms, he said, “Corporate lawyers do not practice criminal law. Today with the number of raids held by ED and CBI and slapping of proceedings under PMLA, like no other time in India's legal history corporate lawyers are attending the magistrate courts.” Justice Muralidhar added that the top-notch corporate law firms have now opened a ‘specialised criminal proceedings cell’ to deal with bail and anticipatory bail matters.

Strong Bar for efficient Bench

Stressing the need for the lawyers to adhere to professional ethics without giving room for corrupt practices, the former Chief Justice noted that without a strong and independent Bar believing in Constitutional values of liberty, equality, fraternity and dignity, the judiciary cannot be expected to uphold these values.

Dearth of talent

He emphasised the need for a continuous learning programme, which is in place in Kerala, for the lawyers to fine tune their professional skills and expertise. “There is real difficulty in finding lawyers with judicial aptitude from the Bar to be appointed as judges to the High Court,” he noted.

Technological tools

Exuding the young lawyers to be aware of the technological developments and tools like artificial intelligence, he also stressed the need for caution while using such tools. “Chat GPT has got lawyers into trouble. One lawyer in the US has been debarred from practising because Chat GPT showed up a case law which doesn’t exist,” Muralidhar said.

Sitting judges of Madras High Court Justices R Subramanian, N Anand Venkatesh and PT Asha were among the participants at the lecture, which was organised by senior advocate S Parthasarathy.

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