Disrespect vs. compulsion: Lawyers attending VC hearings from cars

OVERVIEW

The Madras High Court ordered that if a lawyer is attending the hearing while being seated in his car, then it will amount to disrespect of the Court. The same observation has been made by Courts across the Countries.

The Courts have also observed that if the lawyers attend a proceeding dressed in inner clothes, or they are spitting on the road and smoking on the screen then this will also amount to disrespect of the Court.

However, there are arguments that advocates are forced to rely on such practices out of compulsion and not out of disrespect. Thus, it has been stated that this observation by the Court did not take the circumstances of lawyers into consideration.

PROBLEMS FACED BY LAWYERS

Many advocates cannot confine their practice to just one court, especially first-generation lawyers who have to practice across different trial courts, and the High Court as well.

Not every advocate can afford an office or space in the Law Chambers, and thus they have to carry all their reports and files from home. According to the rules of the Madras High Court Video Conferencing, users shall ensure that their site is located in a quiet place with sufficient internet. It further states that any unwarranted disturbance will render the proceeding non-est.

The disparity of income was visible in the virtual sessions of the Court. While some lawyers were able to appear in sessions easily with their laptops and newly installed software, some lawyers and even judges faced problems. They were forced to think about from where they would argue.

Not everyone was able to create a neutral background during the sessions. Women faced even more problems. During the session, they were being asked to get tea or food from their relatives because they did not realize what was happening.

WHAT CAN WE DEDUCE FROM THIS?

Nobody was prepared to appear in Virtual Courts. This was the first time when a judge or a lawyer in their professional capacity had to show their homes and personal settings during the hearing of the sessions.

If a lawyer is representing his/her client from their car then it may not be out of disrespect but because of urgency. Thus, it is evident that India still needs physical hearings.

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