Lawyers vs. the law(s)

1. PROLOGUE

The displayed write-up in public domain deserves to be, going by the not-so-obvious wisdom in the cryptic saying - better late than never, commended as not too late but timely. And it makes for a really inspirational and thought-provoking reading; so, might prove worth reading, mindfully so, not only by employed in-house lawyers, but also by the self-employed class of external lawyers, in practice.

2. In an independent attempt to add more spice to the subject feedback, but to save self from the hassle and arduous task of writing afresh, have chosen to reproduce, from a few of own earlier write-ups* already displayed in public domain; done so, of certain  selected portions of contextual relevance herein.

2.1.Extracts (random and selective):

The administration of justice has become so obsolescent that most people regard the law as an enemy rather than as a friend. The law may not be an ass but it is certainly a snail: the operation of our legal system is not merely slow but is susceptible to the most shameless delaying tactics, and resort to the courts has become a costly lottery which takes years in the drawing.

The Ideal of Excellence:

Lord Devlin pointed to three major defects in the present legal system in Britain: the availability of legal services depends upon wealth rather than need, mitigated only marginally by legal aid, which rightly has a low priority among the social services: justice is defined by an adversary system which is costly and primarily protects only the better-offs; and the focus of the system on protecting property tends to obliterate the social responsibility of lawyers. Those words apply equally to the situation in India. Though the problem of the administration of justice is so vast and so urgent, we have not even started nibbling at it.

There can be no excellence in the law without excellence in lawyers.

‘Professionally speaking’

The legal profession at the highest level develops absorptive and analytic capacities of the human mind and offers great intellectual stimulus. It is no small service to be called upon to defend life, liberty and the other fundamental rights.

But a large degree of equipment is needed to discharge such duties properly. A lawyer with a well- furnished mind alone can be truly a counsellor at law; he alone can, not merely look up precedents, but guide his client along the path of wisdom, even of generosities which may appear irrelevancies to the preoccupied client. In the hands of such a lawyer, the law represents the application of reason to noble and purposeful ends.

It is per-eminently a time for deep, national introspection. We must be self-critical to meet the truth face to face. The bar is more commercialized than before. Today the law is looked upon, not as learned profession but as a lucrative one. The due process of law has become less due than tortuous and unending.

Wooden – hard hard-headedness assesses a situation in terms of preconceived fixed notions while ignoring or rejecting any contrary indications. In short it is the obstinate refusal to learn from experience.

To unravel the hidden message of this cryptic quote:

What makes our mind hard and closed? Sages have said that this is an automatic front-line defence mechanism for the protection of our belief systems based on our state of ego. If we encounter an idea or a situation that is not in line with our thinking, we immediately close our mind, we put up a block against it; this is what we call mindset. Ego creates mindset. Mindset is a protective mechanism of self defence because we are scared of what others think about our notions and beliefs. Mindset is self-destructive and we have quite often experienced this. …

(Source: Article published in TOI – Discourse:Shri Shri Nimishananda)

In a manner of speaking, the quote is seemingly out of context, especially  in today’s changed scenario; for, we, after all, are ordinary mortals, not ‘Sages’ – in its profound sense.

In public affairs, stupidity is more dangerous than knavery. 

The expression “public affairs” most certainly, would take within its ambit all matters entailing “public interest” or “common good” in a profound sense.

As Lord Buckmaster observed, it would be more true to say of the finest lawyers that, so far from having a narrow outlook on the world, there is no horizon too large for them to gaze at. There is no learning that comes amiss to the lawyer; there is no phase of all the myriad mysteries of the human heart which may not be the subject of the case which he has to consider.

Above Quotes are from the published articles and speeches of the renowned greatest legal- luminary, a doyen of the Bar himself, – N A Palkhivala.    

Source: Book titled “WE, THE PEOPLE” and “We, the     Nation”)

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¨ Some advice you don’t ask for. That is what I call feedback-unsolicited opinions about you or your work those comments are sometimes more valuable than what you do ask for we tend to ask for guidance – and we want it to be positive. Feedback is usually unsolicited and often unfavourable but bit can be most valuable even if embarrassing.”

¨ Granted you can get too much negative or contradictory feedback and become discouraged but feedback, properly evaluated, from a contributor can be invaluable in gaining perspective on where you’re going.”

¨We need to measure ourselves with someone else’s yardstick occasionally if you’re getting the same feedback from several sources -either positive or negative –pay attention.”

SOURCE: Book PERSONAL EXCELLENCE - The Puzzle of... -  Be receptive to feedback - by  Dianna  Boober

We live in an age which has been increasingly and overwhelmingly surrounded by so called ‘information technology’ (IT). The IT, with its improvements devised almost with a day -to- day recurrence, refers to the tools for storing and dissemination of information, aimed at catering to, besides several others, those having an appetite or taste, real and sincere, or otherwise,  for so-called ‘knowledge’. In today’s context, the mission to spread ‘knowledge’ has reached an all time high that it won’t be wrong to call it a knowledge explosion. Even so, it is inconceivable that there can be justifiable reason or excuse to remain blinded, or be struck or stuck-up or stung; if, instead, one can easily find clues for searching and pitching at the right kind of information to suit own needs or aspirations.

Albeit, as a wise man pithily quipped, – present day knowledge is by and large narrowed down to one thing- that is, the quest to simply know which side of the bread is buttered.

Bound to be so, so long as the tendency is to try vainly or vaingloriously take the posture of being a jack of all trade. Never taking care to get to know not to bite more than what can be chewed, much less digested. In essence, solution, perhaps, lies only in ‘moderation’ in every sense. For that matter, that is a must, particularly in every sphere of human activity that has something to do with legislation and legal system impacting and impairing gravely the ‘public interest’.

Selectively, confining to the objective exercise or study on hand, intelligence so also intellect  lies in identifying what and where to look for, also which one is more likely to be largely useful or of practical value in life.

Disclaimer: The foregoing is being shared with a view to / for the sincere purpose of, provoking more thoughts in the minds of likeminded members of the law fraternity, for enlightenment and self-improvement, in their own interests, and f