TODAYS SMART LAWYERING
My couple of articles about Legal profession and Advocacy may be a bit negative, focusing on those who are entering the profession for the wrong reasons. Many people complain that “there are too many lawyers,” what they really mean is that there are too many bad ones. The large number of lawyers as locusts has resulted in the public losing faith in our legal system. The vast majority of Advocates including myself are not perfect. The following are just a few habits I have noticed from young Advocates over the years which dim the view of the entire legal profession: Most of the young Advocates after getting enrolled in the bar, the first thing they buy in a swanky bike or a car; affix Advocates logo which they look on as a beacon to violate the law with impunity. Few Advocates prefix or append before their names Karate or boxer etc. Why such arrogation? They should go somewhere else. Courtroom is not a boxing ring. court houses are not Lawyers clubs.
A section of lawyers are branded as Ambulance chasers- In case of accident he will be there before the ambulance .If clients are potential he would say that he has a pretty good case. He Indulges in poaching clients . If a client hires him he collects the money and then just wash his hands of the case, maybe passing it off to a another Advocate. He keeps the client in the dark and tells the client not to bother them. Most of the unscrupulous Advocates are the product of unscrupulous clients--the demand creates the supply. We are fiduciaries, advisers, confidantes, and we are trusted to make decisions on our clients’ behalf. The fact that we should serve clients, but they are not our masters and we should not succumb to their illegal demands. The undisputed fact is most of the younger generation are predisposed of becoming slaves to clients. The upshot is that the proportion of “good” lawyers is only going to shrink, and the “too many” will become even more numerous.
The moral fabric of our system is badly torn. Disrespect for law and order is widespread. The very principles of democratic government are being scorned and perverted. Flouting the law has almost become a hobby for a select few . No group has a greater responsibility today in helping to maintain our democratic institutions of society than our lawyer fraternity. In fact, being a member of the noble profession we are uniquely equipped through training, outlook and experience to be a leader of our fellow citizens. Our medieval Lawyers have made tremendous contribution by drawing up the basic documentation of our Nations freedom, serving as a leader in local, state and national government, participating in the affairs of community life.
How this noble tradition became a tragedy. All because of the poor quality of legal education in the majority of the so-called law colleges with uncontrolled expansion is the reason for overcrowding of ill-equipped lawyers fighting for a piece of the cake. Doyens of the profession who have abundant work, unlimited money, respect and influence did not bother to look into what was happening to the profession and allowed it to go its way.
The distance mode of legal education is a commodity purchasable in a market. It has permeated the Quality of legal Education. The current system of legal education has failed to train. Advocates to be sensitive and responsive in their dealings with clients and society. Because of the importance and pervasiveness of lawyers in our society, it is vital that there be public trust in the profession as a whole. One way to promote this trust, especially regarding Advocate competence and integrity, is the requirement of continuing legal education. If law degrees are to survive and improve their position in a climate of ‘outputs’, ‘outcomes’ and ‘accountability’ rather than succumb to a commodity mentality, they must do a better job at explaining to a broad constituency just how and exactly why legal education matters. Discipline model of legal education and the narrower professional model indeed is necessary in the years ahead’
This write up need not be considered as expostulation but a stage whisper. Lawyer ethics is not a trap for the unwary. It is not a minefield of hidden dangers. It’s pretty much common sense for anyone who has a sense of the law as a profession, rather than a business. The rules are very simple to follow-,We should know what’s best, legally, for our clients. win over the hearts and minds of clients by showing that we can bring value to basic transactions without much added cost . We should refuse to join with our clients in a conspiracy of silence. We should speak openly about our fears and resentments. We should discuss the moral doubts. Know what you’re talking about before you open your mouth. Only accept a brief if you can actually handle it competently. Never misrepresent anything to anybody, ever. This includes what you say about Judges, your fellow Advocate etc. If you think these are scary rules, or that they’re designed to make it harder for you to make a quick buck, then please do not practice law.
We as lawyer, as a member of the legal profession, are representatives of clients, an officer of the court and a public citizen having special responsibility for the quality of justice.
K.SURESH BABU
ADVOCATE
9,RAJA COLONY,SECOND MAIN ROAD,
COLECTORS OFFICE ROAD,TRICHY
lawyersureshbabu@gmail.com
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Advocates are human beings 90% of Advocates come into profession for their lively hood, where is the Professional ethics? Advocates have been branded as ambulance chasers it is not true, sofar Advocate is concern they have to have practical experience in conducting cases, for that I request the Bar Council of India take steps to enact law to train young Advocates for minimum 3 years in different branches of law so that young Advocate will have confidence to conduct cases independently. Advertising is prohibited in legal profession unless Advocate is popular among client he can not get cases. Advocates get cases through touts that has been practice prior to independence Gandhi Ji had written My Experments with Truth. Mind set of client is to get free advise from Advocate, as no Advocate in India charges fee for advises, except senior Advocates.Advocates lose their time in legal profession, Indian courts are flooded with cores of cases but not decided for decades, Advocate time is being wasted for appearing before judge for adjournments, not for conducting cases. Prosper in the legal profession depend on how Advocates acquire cases, how he manages with judges to get favourable orders, client chooses an Advocate who get favourable order from judge, Nexus between Judge and Advocate plays vital role to prosper legal profession, father, father-in-law has been practicing Advocate that may help to learn & earn legal profession within few years. Legal Profession is the toughest Profession in India. Finally justice delayed is justice denied. What Advocates does every day hardly represent before judge, simply sits in the Bar Association, cases are more even then legal profession in the Trial courts hardly fetches Advocates fee. Corporate litigation goes to Advocates who have connections with judges, Neo-Rich Feudals always buy justice. Poor client always loses is case. Whether Advocate having cases or not he has to read law, Judgements regularly to know latest law. Indian Justice system is crippled that may collapse at any time it was said by one senior Advocate. Litigant wants instance justice, he does not have time to waste to appear in the court for years, decades and wait for final judgement to be delivered after long lapse of time by Supreme court. Unless India appoints more judges to dispose of cases with in reasonable time court time, Advocates time, clients times will be saved and clients will get justice within a reasonable time. There are few Advocates who take up Public interest litigation to defend the Constitutional Rights, Human Rights, Statutory Rights of the People of India especially poor people, who have been victims of Neo-Rich Feduals entered into Executive, Legislature, Judiciary, Bureaucracy, Neo-Rich Feudals who have been looted wealth of the Nation and shared booty among themselves. Sexual offences on raise but who will arrest Neo-Rich Feudals who have backing of all Mighty persons of all four constitutional organs. MIGHTY PERSONS ARE ABOVE LAW AND LAW IS NOT ABOVE THEM IN INDIA. DEMOCRACY, RULE OF LAW HAVE BEEN DESTORYED AND ANARCHY HAS BEEN DESTROYING INDIA. Young Advocates must come forward to wage war against Corruption of all constitutional institutions, fight for reforms in all fields election reforms, FIGHT FOR SOCIAL JUSTICE THAT IS JUSTICE, SOCIAL, ECONOMIC, POLITICAL AS GUARANTEED BY THE CONSTITUTIONS OF INDIA TO BE RENDERED TO THE PEOPLE OF INDIA, OTHERWISE SOCIAL JUSTICE IS SUN SET FOR EVER AND SOCIAL JUSTICE WILL NEVER BE SUN RISE IN INDIA. The People of India must have right to employment as Fundamental right under Article 21 of the Constitution of India, the Government must eradicate Poverty, unemployment, must provide free of cost Education, Health care, Housing, Food grains, Public Transportation, that is the SOCIAL JUSTICE PHILOSOPHY OF THE INDIAN CONSTITUTION AND ALL ADVOCATES MUST STRIVE HARD TO SEE THAT SOCIAL JUSTICE RENDERED TO THE PEOPLE OF INDIA SO THAT ECONOMIC DISPARITIES WILL GO AND HAVES AND HAVENOTS WILL HAVE EQUAL WEALTH THAT IS THE SOCIAL JUSTICE PHILOSOPHY OF THE CONSTITUTION OF INDIA. ADVOCATES OF INDIA HAVE GRATEST RESPONSIBILITY ON THEM TO SEE THAT DEMOCRACY, RULE OF LAW IS RESTORED AND ANARCHY IS DESTORYED THROUGH RADICAL REVOLUTIONARY ADVENTURE OF JUDICIAL ACTIVISM THAT MUST CHANGE THE MIND SET OF JUDGES TO RENDER SOCIAL JUSTICE TO THE PEOPLE OF INDIA THROUGH JUDICIAL PROCESS AND THE PEOPLE OF INDIA EXCEPT THAT SORT OF ADVOCATES TO ERADICATE THEIR HARDSHIPS THROUGH DUE PROCESS OF LAW. ADVOCATES MUST PROVE LAW IS SUPREME AND NO MIGHTY PERSON IS ABOVE LAW AND DESTORY MIGHTY PERSONS ARE ABOVE LAW AND LAW IS NOT ABOVE THEM. ADVOCATES OF INDIA ACHIEVE THE CONSTITUTIONAL RIGHTS, HUMAN RIGHTS, STATUTORY RIGHTS TO THE PEOPLE TO LIVE AS HUMAN BEINGS THEN INDIA WILL ACHIEVE TOTAL INDEPENDENCE. OTHERWISE THE PEOPLE OF INDIA WILL HAVE FIGHT FOR SECOND INDEPENDENCE FOR SOCIAL JUSTICE THAT IS JUSTICE, SOCIAL, ECONOMIC, POLITICAL TO BE RENDERED TO THE PEOPLE OF INDIA AS GUARANTEED BY THE CONSTITUTION OF INDIA THAT RESPONSIBILITY IS ON ADVOCATES AND IF WE FAIL ACHIEVE THESE RIGHTS TO THE PEOPLE THEN THERE WILL BE CIVIL WAR BETWEEN HAVES AND HAVENOTS THAT MAY BE AFTER DECADES BUT INDIA WILL NEVER DISTRIBUTE ITS WEALTH TO ALL INDIANS EQUALLY AS GUARANTEED BY THE CONSTITUTION OF INDIA THAT IS SOCIAL JUSTICE. LONG LIVE INDIAN REPUBLIC WITH PEACE AND PROSPERITY.ADVOCATES POWER IS MORE POWERFUL THAN NUCLEAR WEAPON POWER AND ADVOCATES MUST DEMONSTRATE IN THE COURT HALLS TO GET JUSTICE TO THE PEOPLE OF INDIA, OTHERWISE WE MAJORITY PEOPLE OF INDIA WILL HAVE TO LIVE AS SLAVES TO NEO-RICH FEUDALS WHO HAVE NETERED INTO ALL THE CONSTITUTIONAL INSTITUTIONS THAT IS EXECUTIVE, LEGISLATURE, JUDICIARY, BUREAUCRACY, EDUCATIONAL INSTITUTIONS, CORPORATE SECTOR. JAI BHARAT.