With changes in the nature and the number of disputes, offences and crimes from inchoate one to felonies, the number of litigations and the litigants are on steady increase awaiting disposal from the judicial courts, or other decision making authorities.
Consequently the Hon’ble Judiciary, tribunals, judicature and the decision taking authorities get involved to dispose of the registered suits in accordance with the relevant laws and rules in vogue.
The steep ascent in litigation cases is due to numerous reasons, absence or lack of self-policing and self-auditing being prominent of them. Now we have crime against persons, property, morality, finances, hate crimes, white-collar crimes, organized crimes, consensual or victimless crimes, violent crimes, statutory crimes etc.
The poisonous tree of crime has grown almost full bloom as some of its fruits have earned the name of rarest of the rare. The mildest crimes are classified as infractions, more serious as misdemeanor, and the most serious as felonies.
Felonies are supported either by a heinous intent like the intent to kill or accompanied by an extremely serious result. Accordingly intensity of any crime or offence committed sketches its matching correction as provided under constitutional or statutory laws etc.
To arrive at right conclusion for awarding punishment to the culprit and compensation to the victim, or restoring status quo, the situation demands deposition and extraction of veracity of all facts before the authority who adjudicates upon the dispute between the parties.
For this the advocates represent the plaintiffs and the defendants in hearings on the subject matter after following legal prerequisites.
The whole process wheels on an application filed by what we generally call as lawyer or advocate on behalf of a complainant. Though a lawyer and an advocate are technically different, in common parlance they are synonymous and used interchangeably.
A lawyer is a person who has been from a school of law with a graduate degree. He/she is not eligible to plead in a court on behalf of clients, though can give legal advice. An advocate is a type of lawyer enrolled in any State Bar Council or Bar Council of India. This enrollment is a license to practice.
Once enrolled he/she becomes an advocate to represent clients in the courts. The practicing lawyers have prospects of rising to the post of judge by either clearing the judiciary exams or direct elevation.
Then there are pleaders who are lawyers appointed by the Government to represent it in a court of law. All provide a defence mechanism against any attempts of onslaught to the edifice of constitution and the society.
They can be of help to legislators in framing laws as not all members of a legislature are law degree holders having in depth knowledge of law and legal system.
They are supposed to advocate rule of law & principles, aware people of their rights & responsibilities towards a just and harmonious society and the Government.
They can act as advisors to fight against all odds, unlawful activities, oppression and cruelties. Anyways, whether advocates or pleaders, both are representatives pleading for justice for their clients.
They share a good amount of responsibility and importance for quick & just disposal of cases. This fraternity being more proficient in knowledge & practice of law than others is vital for getting justice done for the victim. Clients put full faith on the sympathy and empathy of their lawyer. Every litigant believes his/her lawyer to be adept, precise & agile on the true side of the case to win justice quickly.
The way they advocate can make the law rule or a ruse. They can wipe out tears welling up from the eyes, provide succor to the scourged and a hope to the dismayed. They can help save time, honour and the expenses of genuine stakeholders. Lawyers have a greater responsibility to strive for resolving cases expeditiously , else there is likelihood of suits turning into a persecution.
To any pre or under-trial case three ways are open as solution. Some may win and be victorious others may lose and be defeated. Here the ways may be long, tedious, anguishing and sometimes overrunning the pocket and person for having gone insolvent or dead.
The third is reconciliation-the shortest and the cheapest recourse to normalize. Human eyes & emotions being mostly insatiable, elements of oppression and conflict always try to disturb the smooth sail of a society.
Lawyers being in a reputable profession and deemed wise professionals have, ergo, both the opportunity and the option to prefer/advise reconciliation to reduce conflicts and the pending cases which ran in lakhs as on 31-1-2021 some even decades old.
They communicate with courts, the clients and others concerned. Though our judicial system is evidence-based, visualising the impact of the course of proceedings in a case sub-judice they may guide for either withdrawing or pursuing if there is sanguine hope of winning rightfully and unburden the adjudicating authorities/institutions also.
The nature of profession does not allow to pursue cases which by material provided by the clients appear prima-facie fake and baseless. Notwithstanding the fact that lawyers are not prohibited to represent clients who admit their guilt, they are strictly prohibited from perjury or knowingly mislead the court on behalf of their clients.
They inherit an honourable status and are one of the essential pillars of justice delivery system. They are voice of voiceless. How people view these pleaders for justice now is a debatable question, dependent on what the trustees and the clients have witnessed.
It is a healing for some and may be hounding for other. We are all from the same basket. While the advocate fraternity is to plead as if in search of exploring the truth, the litigants/deponents have equally the moral and the legal binding for making true and full averment of facts of a case before their legal advisor/an advocate to adopt a right course of action.
It should not be a money mission nor a matter of ego that a case is won but that truth has triumphed and prevailed in effect. Advocacy deserves fee for service, however, the fee charged/time taken should not be exorbitant/long to make delivery of justice expensive or delayed.
Legal ethics demand that suits be finalized quickly at costs appropriate to the case and client. Advocates, clients and the public may endear one another. It is said that justice done is more than worship. The paucity of clientele is no fear as Providence has much in His store for everyone.
The author is a former Sr. Audit Officer and Consultant in the A.G’s Office Srinagar.
Disclaimer: The views and opinions expressed in this article are the personal opinions of the author.
The facts, analysis, assumptions and perspective appearing in the article do not reflect the views of GK.