Lawyer Vs Lawyer

WHEN ADVOCATE BUDDIES LET US DOWN

The number of Advocates and the Advocate - population ratio have increased greatly in a short time, Evidently the increasing number of Advocates would mar the profession.; evenly it can’t be gainsaid that more spaniels in the field ,the more game. The once-honorable profession of law now fully functions as a bottom-line business, driven by rapacity and the pursuit for money. This Article centers on lawyer professionalism, advocacy, and other issues touching on the great trust we have to deliver justice to the citizens After all, Advocates are only humans The upshot of it all is that many lawyers are rather naive in their perception of moral issues and values.

On occasion ethics takes a back seat, sometimes intentionally ,sometimes unintentionally, In life every one wants to prove his one –upmanship .In this process we spoil our legal relations.Our role as Advocate is not only to protect our clients –we must also protect our fraternity .In short it is important how we talk before litigants.Lets analyse how we inadvertently start playing the game of tug of war (Advocate vs Advocate). We are approached by a prospective client seeking advice on the manner in which his case is being handled and the reasonableness of the fee being charged. The client already has counsel, but wants a “second opinion” from us - we comment indirectly about his lack of experience by saying.”He is a budding lawyer “or we show total ignorance of his skills.some times even his competence and say he was my junior. Is he still practicing? We may even go to the extent of doubting his qualifications, saying he studied in a unrecognized college .How did you land up in his hands?

I’ll leave it to the readers to fill the lacunae By chance if a client who was stirred by another Advocate comes to entrust the brief. We refuse even to scan the papers and tell the client to forget all about the previous Advocate ; or shoot a line by spending an hour in studying the papers , we rummage the book shelf take out a case law which is beside the point and skimp over by enouncing that the drafting of the pleading is literally bad and then wheedle him ,that the case law will recoup his position. If the client says that his quondam Advocate was a junior under a prominent senior Advocate, we down grade and say that he was thrown out of the office for shady deals. Such skanky demeanor is bound to reflect poorly on legal profession . We can effectively engage in criticism of another lawyer’s work without getting cruddy. If we want a better relation ship between Advocates ,we should say “see contortion do happen .”This could have happened even with me “nobody wants to harm the litigants. Some of us even downplay the lawyers while cross examining the witness – we make mouths of mockery -sighing or making faces at our opponent clients.-Passing sarcastic and condescending remarks about their inexperience, presumably to put them off. What these suggest is that the prevalence of emotional distress among lawyers is one of the greatest ethical challenges facing the profession. An ethical profession confronted with the sorry state of affairs will take the health and emotional well-being of our bar members . Obviously we do the public and the profession no favours by turning a blind eye, and we do our emotionally distressed colleagues no favours ,by letting them dig a hole for themselves and risking the consequences. The legal profession is in crisis. Public perception of the profession has plummeted from once being considered a highly respected vocation ,now characterized by an increasing lack of credibility, declining ethics, and outright avarice.Law generally has honored the right of professional bodies to regulate the conduct of their members, the efforts employed for this purpose are ineffective in protecting members and promoting the public welfare. However, when the public perceives that appropriate initiative has not been displayed by members of a profession in promoting ethical standards or in safeguarding the public from abuse, the perceived deficiencies tend to be remedied through enhanced external control. A lawyer's conduct toward other lawyers should be characterized by courtesy and good faith. Any ill feeling that may exist between clients or lawyers, particularly during litigation, should never be allowed to influence lawyers in their conduct and demeanor toward each other or the parties. Personal remarks or references between lawyers should be scrupulously avoided, as should quarrels between lawyers which cause delay and promote wrangling. A lawyer should neither give nor request an undertaking that cannot be fulfilled and should fulfill every undertaking given. A lawyer should never communicate upon or attempt to negotiate or compromise a matter directly with any party who the lawyer knows is represented therein by another lawyer, except through or with the consent of that other lawyer. A lawyer should avoid all sharp practice and should take no paltry advantage when an opponent has made a slip or overlooked some technical matter. A lawyer should accede to reasonable requests which do not prejudice the rights of the client or the interests of justice. Every one has good and bad experience . Advocate pals let us take the oath of allegiance .Not to let down another lawyer, Remember the boomerang that you throw is bound to come back and hit you harder.

Fellow Advocates , ease your minds, I have no desire to treat you unkind.

If any one comes to me in need, Know that I will not break the creed.

Your trust, I know, I had to earn, and this is a bridge I will not burn.

Because I wish to be above reproach, Verily, I say, I shall not Poach.

Be content with the way you are, Have faith in yourself you are a shining star,

Whether good or bad I wont drive you mad Now it is time for us to part

You will always have a place in my heart

By K.SURESH BABU

ADVOCATE TRICHY

9 RAJA COLONY,SECOND MAIN ROAD,COLLECTORS OFFICE ROAD,TRICHY

(lawyersureshbabu@gmail.com )