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bharat khatwani   31 October 2024

Role of advocates in reducing baseless legal notices

Role of Advocates in Reducing Baseless Legal Notices

In the landscape of legal practice, the integrity of the system relies heavily on the ethical conduct of advocates. One troubling trend that has emerged is the proliferation of baseless legal notices, often used to intimidate or pressure individuals without any sound legal basis. This raises critical questions about the responsibilities of advocates and the role they play in curbing this practice.

Verification of Facts and Legal Basis

If legal notices are intended as a step toward justice, advocates must prioritize the verification of the factual and legal basis for these notices before issuing them. This goes beyond merely drafting documents based on client instructions; it requires advocates to act as gatekeepers of justice. By verifying claims, advocates can ensure that the legal system is not exploited, thereby upholding the very principles of fairness and justice that they are sworn to protect. Deflecting responsibility onto clients not only compromises ethical standards but also erodes public trust in the legal profession.

Accountability for Frivolous Litigation

When advocates knowingly send baseless legal notices, they contribute to the rise of frivolous litigation, which clogs the judicial system and drains resources. Shouldn't these advocates bear some accountability for their actions? If the legal profession is to maintain its credibility, advocates must recognize their role in perpetuating or mitigating this issue. By allowing themselves to be mere facilitators of clients' questionable demands, advocates diminish the integrity of the legal process and risk fostering a culture where the ends justify the means.

Guidance on Ethical Boundaries

The importance of client honesty cannot be understated; however, this places a significant responsibility on advocates to guide their clients effectively. Advocates should not only be legal representatives but also ethical advisors who discourage baseless claims. Shouldn't it be their duty to educate clients on the implications of their actions and the ethical boundaries within which they must operate? By actively discouraging clients from pursuing groundless claims, advocates can help foster a legal environment that values integrity and respect for the judicial system.

Consequences for Groundless Notices

Lastly, the question of consequences looms large. Wouldn't a system that imposes penalties on advocates for sending groundless notices be a more effective deterrent than relying solely on client intentions? Establishing clear consequences for unethical practices could incentivize advocates to critically evaluate the cases they take on and the notices they issue. This would not only help reduce the number of baseless legal notices but also reinforce the expectation that advocates must adhere to ethical standards.

Conclusion

The role of advocates in reducing baseless legal notices is multifaceted and critical. By verifying facts, accepting accountability, guiding clients ethically, and supporting a system of consequences for misconduct, advocates can significantly contribute to a more just and trustworthy legal system. Upholding these standards is essential not only for the integrity of the profession but also for the public's faith in the judicial process. Only through collective commitment can we hope to eliminate the scourge of frivolous litigation and foster a legal culture that truly serves justice.



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 2 Replies

Dr. J C Vashista (Advocate )     02 November 2024

How do you propose to eliminate / reduce such notice(s) ?

Good essay without any dispute / problem for consideration and obligation.

bharat khatwani   02 November 2024

Originally posted by : Dr. J C Vashista
How do you propose to eliminate / reduce such notice(s) ?
Good essay without any dispute / problem for consideration and obligation.

To curb the menace of baseless legal notices, we don’t need landmark reforms. The Bar Council already mandates that advocates perform due diligence when drafting legal notices—meaning they must verify the factual and legal validity of client claims, or at least their legal validity. However, in practice, advocates often rely solely on client signatures to sidestep this responsibility. While client instructions are important, they don’t grant a license to ignore legal validity. When advocates skip this essential check, they reduce their role to that of a stenographer, merely transcribing claims without ensuring they’re legally sound. A large section of advocates shamelessly defend their lack of due diligence by resorting to questionable logic. Experiments Uncovering Ethical Lapses in Advocacy To better understand today’s ethical landscape, I conducted several informal experiments. The results were troubling, exposing a growing trend of advocates prioritizing client loyalty over ethical obligations. Experiment 1: I posed a hypothetical scenario to advocates, asking if they would draft a legal notice on behalf of a bank robber demanding their share of stolen money. Many advocates expressed no ethical concerns, citing their duty to represent the client regardless of the claim’s absurdity or illegality. [Experiment link: https://www.pathlegal.in/my/viewquestion.php?q_id=Q000000001032520] Experiment 2: I shared Bar Council Rules 4 and 5, which mandate ethical conduct. Disturbingly, many brushed these rules aside, showing a clear preference for client loyalty over legal obligation. [Experiment link: https://www.pathlegal.in/viewquestion.php?q_id=Q000000001034105] Experiment 3: To provoke reflection, I sarcastically asked, “What’s the difference between an advocate and a stenographer?” Instead of engaging with the ethical implications, most advocates offered evasive responses, revealing a reluctance to confront ethical shortcomings in their practice. [Experiment link: https://www.pathlegal.in/viewquestion.php?q_id=Q000000001032483] Discussions on other platforms echoed these findings. Many advocates hide behind “following client instructions,” ignoring the Bar Council’s mandate to act with honesty and fairness under Rules 4 and 5 and perform DUE DILLIGENCE IN DRAFTING. This disregard for ethical duties reveals a troubling trend within legal profession. It is little surprise that there are over 5 crore cases pending in Indian courts. As the saying goes, you can wake a person who is asleep, but you cannot wake someone pretending to sleep. Tackling such persons requires unconventional methods, and I invite you to join in it. Are you willing to support this cause?


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