Lawyer's role in Indian economy- "the hidden hero or a villain"

Abstract:

When people hear the word 'lawyer' being spoken, they usually think of an individual who defends a person or entity in various legal proceedings. But, this occupation has the capacity to change lives of so many people and also can affect economic development. However, this seems contradictory, but we can't deny to this fact that law affects our life so much, and then it's obvious that lawyers also do. In this paper, I want to throw light upon direct as well as hidden influence of lawyer on Indian economy. Only after maintaining ethics of their profession, how lawyers can save qualitative human resource, make untitled assets valuable; assure companies to follow legal way and many more things related to direct or indirect economic reform. Of course, India has to cover a long journey towards improvement but the journey will never get over without lawyers.

INTRODUCTION:

When people hear the word lawyer being spoken, they usually think of an individual who goes to court everyday and stands before a judge defending the freedom of another individual. This is true in some cases; however, there are many different types of lawyers with a variety of job responsibilities and duties. No matter what type of lawyer one may be they ultimately have an extremely important role in the lives of others. So, the lawyers have a wide range of responsibilities and duties when it comes to their profession. Their role in society is even more important as they are acting as a voice for others and a social engineer having intellectual challenges.

HOW A LAWYER CAN AFFECT HUMAN RESOURCE?

Human Resource refer to the size of population of the country along with its qualities i.e. efficiency, educational qualities, productivity, organizational abilities and farsightedness. Human resource is vital from the point of view of economic development. In the first place people are used as an instrument of production and are available as factors of production to work in combination with other factors. Secondly, they are the consumers and the objective of economic development is to maximize their economic welfare. Let's take a micro level example that how a lawyer can spoil this valuable human resource i.e. vital part of economic development. Let's start with a simple divorce case of my house maid, having two sons and a daughter. She is fighting her divorce case since 5 years to get divorce from her husband. The allegations are cruelty, extra marital affairs, not giving maintenance etc. She has to pay at least 10-12 thousand or upwards every year in court fees, lawyer's fees etc. The cost of commuting to court every month, the reduction in working days would make up to another 10 thousand. This is not one side costs. She can't marry again because of her inability to marry without a divorce. So, she has a lot of mental stress because of her financial condition. Reason- Both party lawyers are stretching this case with no actual reason, with the help of tedious court room processes, that they can get a continuous definite income from this case.

Effects:

• All costs related to this case would mean approximately 25% of her income from which she can better feed and educate her children.

• Both the parties have tough financial conditions because of this undesirable expenditure.

• Reduction in working days of both parties on court date.

• Children obviously didn't getting proper nutrition and better education. As survey says, most of the criminals come from broken families, so maybe they have no bright future.

Calculation:

At least, 20,000+ 20,000 = 40,000 per year undesired expenditure of both parties.Wastage of working hours and spoiling three more instruments of future (the children) as human resource.

Analysis:

We often blame corruption and incapacitated police as a barrier of development but it's a merely the problem of processes and willpower. If wife wants divorce on a strong legal point, then what is the obstacle? Don't forget if legal proceedings are lengthy, there are also provisions to dispose them fast, but this is all about willpower of court and no doubt lawyers. This is not one of case in the infamous Indian legal scenario. There are approximately above 3.2 crore cases in High Courts and various lower courts in India and 56,383 cases (approx.) in Supreme Court of India, are pending. Also, thousands of divorce petitions are pending in various courts in India. Just image the drain on economy such kind of cases would have? Just calculate how much is the total expenditure bearing our country behind these crores of cases? How much they affect both parties and related people of these crores of cases economically and as a human resource? Like the economy theory of 'market expansion' due to convenience, people would avail more of lawyer's services and hence effectively l selfish mentality lawyer's long term revenues would not suffer.

HOW A LAWYER CAN AFFECT REAL ESTATE?

It is roughly estimated that 75% of a person's net worth is in real estate. However, when he wants to buy a house he has to either get a new one through a builder, resale one through broker or directly from the owner. The only law that regulates all these transactions is the "The Indian Contract Act 1872" and host of other acts like "Transfer of Property Act 1882" etc. There is no separate act to govern the builders or the brokers. In fact, there is no title guarantee in India, it is just title assurance. This will create a huge market for title clearance and insurance for lawyer. Once a case filed in the court it may remain pending for as long as the case is being actively prosecuted by the parties without regard to any statute of limitations and we all know how slow our judiciary system is! In this situation, if the party is in possession of any property but not have proper papers, a lawyer simply suggested him to stretch the case as he can. Results, a huge amount of somebody's earnings remains untitled, unutilised and invaluable under another's paw.

ROLE OF A LAWYER IN A COMPANY:

A Lawyer preserve, protect and enhance the goodwill of the company, prepare documents, give advice on both commercial and legal basis, direct for support staff also represent the company in community activities. Sometimes, in their interest companies wants to get any contract or solve any matter by hook or by crook and being a legal advisor using loopholes of our judicial system, ' preserve', 'protect' and 'enhance' the 'bad-will' of the company, which affects directly on Indian economy. Competition brings out the best in products and the worst in people.

CONCLUSION:

The role as a lawyer is challenging and demanding. The role of lawyer is not simply to appear in court and argue passionately on the behalf of the client, but there is a multitude of background work as well as responsibilities related to this profession especially in favour of the country and not personally. It's true that a lot of cases are pending in various courts in India are necessary from the side of justice, but it's also a truth that there is no lack of unnecessary cases creating unnecessary burden on Indian economy and only a lawyer willingly has a capacity to disposed these cases sooner. This social engineer i.e. a lawyer should not concentrate on his welfare but also on society and country. A single manipulated advice or decision can puzzle the easy process, easy life and an easy economic structure. So, they should first think of their professional ethics, then society and then country and then ultimately make a decision, what he should do? Only after maintaining ethics of their profession, a lawyer can definitely make a positive difference in Indian economy. Of course India has to travel a long journey towards the improvement, but it will never get over without a lawyer.

A journey of thousands miles must begin with a single step

Raj Prashar

 

Raj Prashar 
on 22 June 2013
Published in Students
Views : 5238
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