Indian lawyers should have restrictions

vandana7 By vandana7, 2nd Jul 2015 | Follow this author | RSS Feed | Short URL http://nut.bz/1qf6ki3u/
Posted in Wikinut>Business>Law

It is no secret that cases in this country can go on for several years. The whole world heard of December 16 gang rape in a bus. But the outcome is not yet certain.

I think like Chartered Accountants, there should be some limit on case numbers for advocates

Advocates tend to hold on to a case that they know they are likely to win, and keep on finding some excuse to defer it because if they can prolong it, they do not have to study another case, and do their homework. It is unfair practice that Indian lawyers should curtail because cases rush towards a successful advocate, whereas a any new Indian lawyer with not much experience to his or her credit does not get many chances.

I propose that

All advocates and lawyers be allowed to handle only 4 cases in any year and at least two of them should reach the stage of verdict within two years, failing which the number of cases they may handle should be brought down to 3, and so on till they are no longer entitled to handle cases. Verdict may or may not be positive but it should be reached.

Such limits will increase employment

This is because more Indian lawyers will find clients because experienced advocates cannot take up more cases. Advocates may, however, join senior advocates in any firm. But the overall number of cases that such firm handles should also not exceed the sum total of the cases that all lawyers in the firm are allowed to take up in any year.

Faster justice

Advocates will be forced to do their homework, and the speed at which justice is being done in the country will improve, enabling others to develop confidence in the judicial system. This in itself will become a deterrent to criminals who would fear being convicted. Therefore, crime rates would come down sharply in the country. This is my view but suggestions are always welcome.

Tags

Advocates, Indian Lawyers

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author avatar vandana7
Hi...I suddenly remember ABBA ..I am nothing special...hope you like what I write, and I like what you write.

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Comments

author avatar Sivaramakrishnan A
4th Jul 2015 (#)

There should be time limits set for cases to be decided by all courts.

I have known lawyers who have clout that are unfair. It is more of who you know than what you know not only in India.

We have to step up to increase the trust in the judicial process; justice delayed is justice denied, a sort of travesty of justice - siva

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author avatar vandana7
4th Jul 2015 (#)

Oh yes, that too. May be a jury system should be added too for ordinary cases. We have a case pending in Supreme Court. Now, there is time frame defined. But they do take it till the last moment because advocates and judges do not have to read and prepare much if they stick to one or few cases, and earn their regular hearing fees.

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author avatar Sivaramakrishnan A
4th Jul 2015 (#)

Vandana, I remember a time decades ago when I joined a company. I was shocked that many cases of retired workers were pending for years for payment of gratuity which was disputed as it was based on last few months of pay. I met with the workers and was shocked that many were very old even to come to discuss.

I told them I was keen to settle on a fair basis and got a positive response. What could have dragged on for years was settled within months; of course, I told my lawyer that I have a conscience to settle the matter before they departed our planet. Despite their losing the fees they said what I did was right - siva

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author avatar Ptrikha
9th Jul 2015 (#)

I recall that a few years ago, there was a widespread agitation against legal reforms by many lawyers and the reforms did not get into practice. I suspect it is a case of big fish not wanting smaller fish to thrive.

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