I had been on a visit to the family court to meet an advocate client of mine.
I saw a disturbing scene where the Man's Parents were literally at the mercy of the Lawyer and a Police Personnel who was at the spot.
The Man was dumb-founded and his wife was happily sitting on a bench, reading a Novel.
Her father was all the more casual and it was clear that he was enjoying the scene unfolding between the Man's Parents and the Lawyer and Police.
LAWYER AND POLICE - What is the Trick ?
Usually, people say it is impossible to punish an advocate and the police.
Is it true ?
The answer is a BIG NO. I shall come to the punishment part later.
First let us see how the answer is a BIG NO.
How ?
Let me explain. Bit Lengthy Post, but worth the read.
Weak Men and Women need to DISCARD that weakness.
Face it. Face Life. Even an Ant does not run away upon the sound of the trampling feet of the Elephant.
It MOVES FAST. It does not die out of fear.
Face it. Face Life. Be Brave. Be Bold. It is your Life. It is your Challenge. Face it.
Nothing is Permanent Here, except for God.
So, face it and be done with it.
But do it WISELY.
_______________________________________________________________________________
First let us see the advocate.
Strictly speaking, all that an advocate is supposed to do, is to first see the merits of the case that lands at his desk and then decide the further course of action.
But, as many would narrate, this is exactly which most of the advocates do not do.
Unfortunately today, instead of seeing the merits of the case, many advocates attempt to spot the loop-holes and map it to the rate card that they have designed for the CrPC, IPC, CPC,..etc.
Let me reproduce here, the words of a senior advocate ( expired few years ago ).
" Young Man, remember that there are two ways of approaching Law. One way is to approach it as
" APPLICATION OF MIND ". The NORMAL people do this.
The other way of approaching law is to treat it as a
" GAME OF THE INTELLECT "
The Bad members of the profession and General Public, The Pervert members of the profession and General Public, The Mischievous ones and the Criminals ALWAYS treat the sacred law as a Game.
As a Game of the Intellect.
Young Man, how can your life be a game ?
It is LIFE.
It is not a Game.
Experiments using one's intellect and picking the legal frame-work as the tool of the intellect and experimenting with your life using these, is a VERY SERIOUS MATTER.
IT IS AN IRREVOCABLE ACT. IT IS A SERIOUS CRIME.
So, first understand that it is always beneficial to have a mind-set that views Law as the APPLICATION OF MIND and also, simultaneously imagine that your opponent might view Law as a GAME OF THE INTELLECT.
So, prepare yourself to handle both mind-sets.
That way, you are safe by a large extent.
" For Criminal matters, the reference is the CrPC, the IPC and the Local State Police Act and the Manual that guides them on the method of application of the Act "
" For Civil matters, the reference is the CPC ( Civil Procedure Code ) "
" Similarly, the bare acts, the relevant laws, the guide-lines and so on and so forth, within the Legal Framework, all adhering to the fundamental life-breath of the Constitution that protects your LEGAL EXISTENCE "
The Judgements delivered in the past Thirty Years and Judgements based on the principles of natural justice thereby drawing reference judgements delivered in other countries, aid your understanding of the legal frame-work.
THE ENROLLMENT WITH THE BAR COUNCIL, THE BLACK COAT AND THE PRACTISE CERTIFICATE ARE ALL THAT DIFFERENTIATES AN ADVOCATE FROM THE COMMON MAN.
Remember Young Man that LAW IS A GENERAL SUBJECT.
In Civil Matters, you can argue the matter yourself or have another person argue on your behalf, via a power of attorney that you can assign.
In Criminal Matters, you CANNOT issue a power of attorney but you can argue the matter yourself.
The reason people prefer to have an advocate is due to the PROCEDURAL LAW.
If you stumble at some point, you cannot consume the time of the court, saying you did not know this and that and that and this, since IGNORANCE OF THE LAW CANNOT BE PLEADED AS AN EXCUSE.
Remember however that An Advocate is plainly a person who has made ADVOCACY his profession.
But, in the past Eighty Years, the various factors surrounding human existence, along with the degenerating human mind that has thrown ethics and values to the wind, have also captured the legal domain and that is the reason you get to see a variety of advocates, of whom only a handful can actually be called TRUE ADVOCATES.
The moment an advocate attempts to scare you, conceals information, mis-leads you, threatens you and tries to cloud your thinking and does all that he/she can to CAPTURE your mind, take money as fee and dumps you mid-way, that very moment, KNOW THAT PERSON TO BE AS GOOD AS A PLAIN CRIMINAL AND NOT AN ADVOCATE.
Whatever be the matter, whether civil or criminal or family matter ,...etc , the moment the advocate moves away from the spirit of the law and indulges in any prohibited act, he is no different from an ORDINARY CRIMINAL.
__________________________________________________________________________________
I asked him, at this juncture " HOW THEN TO HANDLE THE ADVOCATE WHO ERRS ? "
Here were his beautiful words of EFFECTIVE guidance.
" STOP FEARING HIM/ HER FIRST.
AS LONG AS YOU FEAR THE LAWYER INSTEAD OF FEARING THE LAW, THE BLACK COAT WILL ALWAYS BE A NIGHT-MARE TO YOU.
FIRST, UNDERSTAND THAT BETWEEN YOU AND THE ADVOCATE, THE BAD ADVOCATE WOULD ALWAYS CREATE A SCREEN OF FEAR.
REMOVE THAT SCREEN AND GO BEYOND AND IMMEDIATELY YOU WILL COME FACE TO FACE WITH THE INDIVIDUAL WEARING THE BLACK COAT.
THE MOMENT YOU SPOT THE INDIVIDUAL, FROM THERE ONWARDS, IT IS PLAIN HUMAN PSYCHOLOGY.
DO WHAT YOU NEED TO DO FOR YOUR SAFETY AND SECURITY.
A GOOD ADVOCATE WOULD ALWAYS DO TEAM WORK WITH THE CLIENT.
TAKE TIME, MEET A FEW ADVOCATES BEFORE YOU SHORT-LIST ONE WHOSE SERVICES YOU WISH TO HIRE.
FINALLY REMEMBER AND ALWAYS BEAR IN MIND TO MENTALLY REMOVE THE BLACK COAT AND SEE HIM/ HER AS A PLAIN INDIVIDUAL.
YES, ALMOST ALL ADVOCATES WOULD DEMONSTRATE VERBAL BRAVERY WHEN YOU CONSULT THEM.
BUT ONLY A HANDFUL OF THEM CAN SUSTAIN THE SAME HISTRIONICS IN THE COURT HALL.
ALL SOUND IS ONLY TO CAPTIVATE AND STUN THE CLIENT'S MIND.
THAT SOUND WILL FIZZLE OUT IN THE COURT HALL WHERE IN ADDITION TO YOUR FILE, HE / SHE HAS TO TACKLE THE ADVOCATE OF THE OP ( Opposite Party ) AS ALSO THE JUDGE.
IF YOU HAVE FACTS ON YOUR SIDE ALONG WITH SOLID EVIDENCE, NO ADVOCATE CAN SHAKE YOU OFF BALANCE. "
________________________________________________________________________________
I then asked him " How to punish the Advocate who mis-behaves and does a criminal offence ? "
Here was his reply.
" FIRST FILE A POLICE COMPLAINT.
FILE IT.
DO NOT HESITATE.
IN ANY CRIMINAL OFFENCE OR EVEN A CIVIL OFFENCE, SET THE LAW INTO MOTION.
SO, FIRST FILE THE COMPLAINT.
AN ADVOCATE IS AN ADVOCATE IN COURT. NOT IN PUBLIC.
IN FACT, AS PER THE BAR COUNCIL RULES, HE/ SHE IS NOT SUPPOSED TO WEAR THE BLACK COAT AT ANY PLACE OTHER THAN THE COURT HALL AND PREMISES OF THE JUDICIARY.
THE MOMENT THE ADVOCATE COMMITS AN OFFENCE, HE / SHE IS A PLAIN ACCUSED AND OFFENDER.
THE ADVOCATE IS NEVER ABOVE THE LAW.
THE ADVOCATE CANNOT HAVE HIS/ HER OWN LAW.
SO FILE THE COMPLAINT FIRST.
SAME DAY OR THE NEXT DAY, FOLLOW IT UP WITH A COMPLAINT AT THE BAR COUNCIL.
THERE IS A FEE THAT YOU HAVE TO DEPOSIT ( One Thousand Rupees in Bangalore ) at the BAR.
DO NOT HESITATE TO DO SO.
JUSTICE IS TOO SACRED THAT ONE THOUSAND RUPEES IS A SMALL SUM TO PAY TO NAIL THE OFFENDER.
IMMEDIATELY AFTER DOING THIS, SEND A PRIVATE NOTICE TO THE ADVOCATE BY RPAD ( REGISTERED POST ACKNOWLEDGEMENT DUE ) OR BY SPEED POST, WHEREIN YOU MUST MENTION CLEARLY THE VIOLATION OF THE LAW THAT HE/ SHE HAS COMMITTED, THE IMPACT IT HAS HAD ON YOU AND YOUR FAMILY AND MAKE IT CLEAR THAT YOU INTEND TO SUBJECT THIS TO THE LEGAL PROCESS.
DO NOT FORGET TO MENTION THAT HE HAS VIOLATED THE GUIDELINES OF THE BAR COUNCIL BY RESORTING TO UNPROFESSIONAL AND UNETHICAL MEANS AND METHODS.
REMEMBER THAT IN ANY MATTER, A PRIVATE NOTICE SENT BY YOU AS A COMMON CITIZEN, IS VERY SIGNIFICANT SINCE THAT PRIVATE NOTICE WILL BE TREATED AS THE STARTING POINT, FOR ALL FUTURE PLEADINGS.
SO, IN ANY PRIVATE NOTICE, MENTION ALL THE POINTS PERTAINING TO YOUR CASE.
BUT READ THOROUGHLY AND UNDERSTAND YOUR CONSTITUTIONAL RIGHTS AND OBLIGATIONS BEFORE YOU INITIATE ACTION AGAINST THE ERRANT INDIVIDUAL PARADING HIMSELF / HERSELF AS AN ADVOCATE.
Within Six Months to One Year, the Bar Council too would have heard the matter and although in most of the cases, the advocates are let off with a warning, be assured that you would have HUNTED DOWN THE HUNTER.
Remember that THE MOMENT THE ADVOCATE ATTEMPTS TO SNATCH YOUR CONSTITUTIONAL RIGHTS AND ATTEMPTS TO FLEECE YOU OF YOUR MONEY, TIME AND DIGNITY, HE/ SHE IS NO MORE AN ADVOCATE, BUT JUST A PLAIN CRIMINAL AND YOU SHOULD TREAT HIM/ HER AS JUST A PLAIN CRIMINAL AND NOT AS A DIGNIFIED LEGAL OFFICER.
BUT REMEMBER THAT LOT OF THREATS, SOUNDS, WARNINGS, etc etc etc WOULD EMERGE OUT OF THE ADVOCATE.
BUT THOSE ARE JUST EMPTY AIR AND GAS.
DO NOT BOTHER.
BUT YES, ENSURE BASIC SAFETY AND SECURITY OF YOURSELF AND YOUR FAMILY BEFORE YOU INITIATE ACTION AGAINST THE ERRANT ADVOCATE SINCE THERE ARE SOME SHORT-CUTS AND LOOP-HOLES THAT YOU CANNOT UNDERSTAND EASILY WHEN YOU ARE NOT A PRACTISING ADVOCATE.
BUT DO NOT GET SCARED. THE MOMENT YOU GET SCARED, THE ALERT LLB GRADUATE CAN READ FEAR IN YOUR EYES. HE/ SHE IS TRAINED TO READ FEAR. THE PROFESSION TRAINS THE ADVOCATE TO READ FEAR AND OTHER HUMAN EMOTIONS, QUICKLY AND EFFORTLESSLY.
THE MOMENT THE LLB GRADUATE READS THE FEAR IN YOUR EYES, HIS RATE-CARD METER STARTS RUNNING IN HIS MIND.
YOUR PURSE HAS A HOLE AND YOUR MIND IS IN HIS/ HER HANDS.
SO, BEWARE.
STICK TO THE CASE ON HAND, AVOID LOOSE TALK, AVOID SMALL TALK, DO NOT SPEAK TOO MUCH, DO NOT BLABBER, DISCUSS PLAINLY MATTERS RELATED TO THE CASE AND LISTEN TO THE ADVOCATE SPEAK.
ADVOCATES LOVE TO SPEAK.
SO LET THEM SPEAK. YOU LISTEN.
IN TODAY'S ERA OF TECHNOLOGY, RECORD THE CONVERSATIONS YOU HAVE WITH YOUR ADVOCATE, IF YOU FEEL THE ADVOCATE MIGHT BE A NUISANCE LATER.
BUT ALWAYS HAVE A MIND-SET OF ' NO FEAR ' WHEN YOU APPROACH AN ADVOCATE.
Remember that it is YOUR LIFE. If the advocate attempts to harm your life AND attempts to PLAY THE ROLE OF GOD by navigating the Ship of Your Life, do not hesitate to initiate action against him/ her.
JUST REMEMBER THAT
' HE / SHE IS BOUND BY THE SAME LAW THAT YOU ARE. '
NO FEAR - NO FEAR - NO FEAR -BLACK COAT- WITHIN THE COURT- BUT BLACK COAT DOES NOT MEAN GOD- REMEMBER THAT LAW IS SUPREME, LAWYER IS NOT SUPREME.
_____________________________________________________________________________
