Advocacy - Is It A Profession Or A Business?

Ultimately, as is so often the case, it is apt to heed the words of Sir Owen Dixon in setting the 'bar': “Unless high standards of conduct are maintained by those who pursue a profession requiring great skill begotten of special knowledge, the trust and confidence of the very community that is to be served is lost and thus the function itself of the profession is frustrated.” It has been repeatedly stressed that the practice of law is not a business. It is a profession in which duty to public service, not money is the primary consideration. Lawyering is not meant to be moneymaking venture, which necessarily reaps profits. Making of livelihood should be secondary consideration of lawyers who must subordinate their interests. In Bar Council of Maharashtra v. M. V. Dabholkar , it was stated that: “Members of bar are not a guild of candle makers or butcher’s association. They are a class separate.” Then there is the theory of Professional Paradigm Shift as given by Russell G. Pierce, which states that the profession should also be treated as a trade as there is no harm to erase the line between profession and trade. Soli J. Sorabjee states his views on this point in Lawyers as Professionals . He states that at present the public image of lawyers is far from flattering. They are seen as fortune seekers rather than seeking to serve, a selfish class, who, on account of the special knowledge and expertise, provide services on such terms as they please. In short, the profession of law is regarded as a money making racket. Today people are apt to agree with Dean Swift's description of lawyers as, "a society of men bred up from their youth in the art of proving by words multiplied for the purpose, that white is black and black is white according as they are paid." No longer is the profession of law regarded as a noble one. He further goes on to say that what are the reasons for this said decline? The main reason is that lawyers, as also other professionals like doctors for example, have forgotten what is entailed in a profession and their proper role in society. It is worthwhile turning to dictionaries once in a while. Webster defines profession as "calling requiring specialised knowledge and often long and intensive preparations including instructions in skills and methods... and committing its members, to continue studies and to a kind of a work which has for its prime purpose the rendering of public service." Roscoe Pound summed up the matter with admirable aptness when he said; "historically, there are three ideas involved in a profession; organisation, learning and a sprit of public service. These are essential. The remaining idea, which of gaining of livelihood is incidental." It is forgotten that the essential difference between business and a profession is that while the chief end of business is personal gain, the main goal of profession is professional service. Of late lawyers seem to operate on the law of demand and supply and the forces of commercialism have overtaken the profession by and large. The idea that professionals are for the people and the people are not for the professionals sound like a strange and alien doctrine. Today the fees charged by some lawyers are staggering. He later says that: “I was told that a middle rank lawyer charged Rs. 60,000/- for an application for an adjournment in the Bombay high Court. The fees charged by some seniors in the SLP's in the Supreme Court are enormous. Lawyers charge fee even when they have not put in an appearance and it is a disgusting sight to see some lawyers plead with the judge to record their appearance to enable them to collect fees from their absent clients.” Apparently lawyers have forgotten that they are the guardians of noble ideals and traditions, and not mere traders in the market place, whose sole aim is the amassing of vast fortunes. It is not suggested that lawyers should not charge for their services and charge well in heavy matters where there are corporate clients. A lawyer needs to make money like any other person and it is not expected to live on love and fresh air. But his main purpose and desire should be of rendering service to those who seek his aid and also to the community of which he is a necessary part. To those unable to pay adequately or not at all professional services should be freely and cheerfully given. If doctors can free medical clinics why should lawyers not run free legal clinics atleast once a week? Lawyers must devote some part of their time and services free of charge for the benefit of the poor and oppressed. The legal profession has a social dimension. And the lawyer has the social role to play in society. The social dimension becomes a very relevant issue when we look at the manner in which legal services remain by and large inaccessible to the common man, particular in a poor country like us.

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