Originally posted by : Nina Rakheja |
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This is how morality goes away and crime emerges..oh no..XXX
XXX |
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Rejoinder:-
Morality is a word not suitable coming out from your 2 inch mouth so keep your mouth shut ref. with me (read as till the time I am) here and do usual time pass as this forum is yours dowry to reader(s) I have realised that.
If you want to know where my ethics, morality and allegiance rests with, then, be it so; my dharma is to advocate client's interest as vigorously as possible within the bounds of the law (i.e. barest obligation to legality). I believe in let the chips roll where they may. It extends beyond adversary role to ensuring client autonomy in our complex legal system as required by the rule of law. A husband after committing bigamy comes to my chamber and confesses same to me I will still perform my dharma within the traditional conception being an adversarial advocate for a client. Each post reply of mine till date will always reflect adversarial advocacy and it is way of dharma that I have been taught to practice and have belief in. PAUSE
My favourite illustration:
Lord Brougham's 1820 defence of Queen Caroline before the House of Lords is my favourite example of the ideal in action. King George IV was trying to rid himself of Queen Caroline by alleging she had committed adultery but it was well known that the King himself had been unfaithful. Lord Brougham implied that although he did not yet need to defend the Queen by attacking her husband, if such a defence did become necessary neither he nor
"even the youngest member in the profession, would hesitate to resort to such a course and fearlessly perform his duty ... [A]n advocate, in the discharge of his duty, knows but one person in all the world, and that person is his client. To save that client by all means and expedients, and at all hazards and costs to other persons, and, amongst them, to himself, is his first and only duty; and in performing this duty he must not regard the alarm, the torments, the destruction which he may bring upon others. Separating the duty of a patriot from that of an advocate, he must go on reckless of consequences, though it should be his unhappy fate to involve his country in confusion."
This same philosophy almost all advocates in Indian legal system follows; some are expressive in internet forums some are diplomatic but heart to heart they do follow only adversarial advocacy. This is ethically justified because as long as the lawyers for all parties in any action or matter act adversarially in the narrow interests of their own client, it is said that the legal system will make sure the right outcome ensues. Indeed, I believe that - for lawyers to act otherwise - that is, to judge potential clients before they have had their 'day in court' - would be a presumptuous denial of justice to anyone who wants to use our legal system. Ours is a country follower of common law country system and I am a product of same so I cannot think otherwise.
You have no case in hand except time pass for, by and with me - well I will not fail you Lady as it is my only dharma – try harder periods will start the next time. PERIOD