Advocacy in Action

 

 

About the Author

Mian Zafar Iqbal Kalanauri is a seasoned Advocate of the Supreme Court of Pakistan, internationally accredited mediator, arbitrator, and legal reformist. As a Fellow of the Chartered Institute of Arbitrators (CIArb), a CEDR-certified Master Trainer, and a mediator recognized by IMI and CMC (USA), Mr. Kalanauri has played a pivotal role in advancing alternative dispute resolution mechanisms in South Asia.

He has trained judges, lawyers, and legal officers across various jurisdictions and has contributed to modernizing judicial education in Pakistan. His writings and reform work span legal education, professional ethics, commercial law, white-collar crime investigation, and judicial reform.

As a thought leader in legal professionalism and advocacy, Mr. Kalanauri continues to inspire a generation of legal practitioners through his teaching, litigation, and publications. His vision is rooted in upholding the rule of law, fostering judicial independence, and promoting ethical legal practice. As a prolific writer and legal reform advocate, Mr. Kalanauri has contributed extensively to the development of ADR mechanisms in South Asia and beyond.Website: www.kalanauri.comEmail: kalanauri@gmail.comCell: +92-300-4511823

 

 

INDEX

 

Chapter No.	Chapter Title
Preface
Executive Summary
Introduction	The Essence and Ethics of Advocacy
Chapter 1	The Art of Attracting Clients
Chapter 2	Law is a Jungle – Specialise Your Branch
Chapter 3	Clients Run After Reputation
Chapter 4	A Sincere Lawyer is a “Case-Winner”
Chapter 5	Clients Value Optimistic Lawyers
Chapter 6	An “Influential” Lawyer is an Asset
Chapter 7	Lawyer’s “Integrity” Attracts Clients
Chapter 8	A “Bold Advocate” is Sought After
Chapter 9	Reputed Cross-Examiners Drag Clients
Chapter 10	The Art of Cross-Examination

Chapter 11                General Category of Client

Chapter 12.               Whom Clients Prefer Most

Chapter 13                Whom Client Generally Avoid

Chapter 14                Let Clients Leave us with good Impressions

Chapter 15                Legal Etiquettes

Chapter 16                Bar Vocational Course

Suggestions and Recommendations

Conclusion

 

Preface:

The legal profession has long stood as a pillar of justice, truth, and social order. As the world evolves, so too must the methods and mindsets of those who advocate for justice within it. Advocacy in Action is a guide for both new and seasoned legal professionals, offering practical insight into what it means to be an effective, ethical, and strategic advocate in the 21st century.

This book is born out of decades of courtroom experience, professional training, academic scholarship, and reformist engagement. It reflects not only the intellectual pursuit of excellence in advocacy but also the real-world challenges faced by legal practitioners, particularly within the South Asian context and more specifically Pakistan. The reader will find in these pages a blend of theoretical grounding and practical advice that bridges the gap between legal education and professional execution.

Advocacy is not merely a performance of courtroom argument-it is a discipline grounded in ethics, sincerity, and strategic intelligence. This book “Advocacy in Action: Ethics, Strategy, and Professionalism in Legal Practice” is a reflection on the enduring values and evolving practices of the legal profession, aimed particularly at young lawyers entering the field with idealism, uncertainty, or ambition. It explores not just courtroom tactics, but also the moral fiber and intellectual discipline that distinguish a true advocate from a mere technician of law.

Advocacy is not merely the practice of law-it is an art grounded in ethics, discipline, and persuasive communication. This work seeks to explore the nuanced dimensions of legal advocacy beyond procedural competency, shedding light on the personal and professional attributes that define an effective advocate. Rooted in comparative insights and contextualized within the legal framework of Pakistan, this book aims to serve law students, junior advocates, and seasoned professionals who seek to refine their practice and professional decorum

The purpose of this volume is twofold: to revive the noble traditions of advocacy by revisiting its ethical foundations, and to offer practical wisdom for legal practitioners seeking excellence in their craft. Drawing from decades of practice and legal reflection, the text captures the fine balance between professionalism and humanity, strategy and service.

It is hoped that this book will serve not only as a guide but also as a source of inspiration for lawyers who wish to serve justice with courage, intellect, and integrity.

I dedicate this work to the future advocates of justice who will shape the legal landscapes of tomorrow with integrity, courage, and unwavering commitment to the rule of law.

 

Executive Summary:

Advocacy in Action: Ethics, Strategy, and Professionalism in Legal Practice is a comprehensive legal guide that delves into the art and science of advocacy, focusing on the principles that underpin ethical lawyering and professional excellence.

The book is structured across fifteen chapters, each exploring different dimensions of legal advocacy: from client attraction and specialization to courtroom conduct, cross-examination skills, and professional ethics. With a focus on the legal landscape of Pakistan, the book draws comparisons with international standards, case law, and best practices.

The objective is to enhance the capabilities of legal professionals by offering:

·       Strategic approaches to building a legal practice

·       Guidance on professional demeanor and ethical responsibilities

·       Techniques for client communication and courtroom performance

·       Insights into what makes an advocate influential, trusted, and respected

 

The text serves as both a practical manual and a reflective exploration of the values that shape meaningful legal careers. It is particularly useful for law students, early-career lawyers, continuing legal education participants, and judicial reform advocates.

This book, examines the multifaceted role of an advocate, incorporating ethical standards, professional responsibility, and courtroom acumen as critical components of successful legal practice. It delves into the art of client relations, the importance of specialization, and the impact of a lawyer’s personality on client retention.

It provides a holistic perspective on what it means to be a lawyer in both letter and spirit. It is divided into thematic chapters addressing the essential components of successful legal practice. Throughout, the author emphasizes that while technical competence is indispensable, it is character-integrity, courage, and ethical clarity-that truly defines a great advocate. The text engages with the historical, moral, and practical aspects of the legal profession and offers guidance not only for practice in courtrooms but for cultivating a lifelong professional identity.

 

Also drawing from the Code of Conduct for Advocates in Pakistan, case law, and practical experience, this publication sets forth a framework for aspiring and practicing lawyers to navigate the legal profession with integrity and influence. Key chapters explore cross-examination, legal etiquette, and vocational training, offering actionable insights rooted in both theory and practice.

• The foundation of legal ethics and integrity
• The role of optimism, sincerity, and boldness in advocacy
• Specialisation in branches of law as a strategic necessity
• Reputation, influence, and public service
• The powerful technique of cross-examination

This work is especially relevant for young lawyers, bar association members, and law students seeking a roadmap for professional excellence.

ADVOCACY IN ACTION:

ETHICS, STRATEGY, AND PROFESSIONALISM IN LEGAL PRACTICE

INTRODUCTION

Advocacy is the cornerstone of justice. It requires not only legal knowledge but also emotional intelligence, ethical grounding, and a commanding courtroom presence. In Pakistan, the Legal Practitioners and Bar Councils Act 1973, coupled with the Pakistan Bar Council’s Code of Conduct, outlines the responsibilities of an advocate to the court, client, and society. This introduction contextualizes advocacy as a public service, where truth, competence, and dignity are the guiding values.

The lawyers and the judges wear black robes for distinction.  This convention is the legacy of the British rule but in a tropical country with extended heat of summers; should the bench and the bar persist with black colour. Exchange of unpleasantries is often witnessed and occasionally terminates into contempt proceedings. Some privileged advocates get a push to occupy the highest offices and the ordinary contemners end up behind the bars.  It is not appropriate for an advocate to suggest that how should a judge conduct his court or address a counsel but the lawyers should try to adjust to the temperament of a judge in chamber.

 

The art of advocacy requires a pleader to know the judge and adjust his sails for smooth sail through the proceedings.  Advocate should appeal to the conscious of the judge to seek justice; assist the court to arrive at the judicious decision and the approach should not be to win a case for the client.  There can be a judge who has flair for causing annoyance to the addressing advocate or observes through a remark about expression or his knowledge but it is entirely the responsibility of the pleader to keep his cool and take the remark with a smile.  Under no circumstance an advocate has a license to exhibit arrogance or confront. Of course, judge sits on a higher pedestal.

 

Advocates are nobody to analyse or appraise a judge but keep themselves abreast of the law, the latest pronouncements of the superior courts, acquire skills of effective communication to put across the point of view.  Fluent expression requires knowledge of vocabulary, phrases, maxims of law and over all command over the language, which can only be acquired through extensive reading.  The tragedy is that stagnancy has taken away the urge to acquaint oneself with the art of advocacy.  Keith Even in the introduction to his book “The Golden Rules of Advocacy” states:

 

“Skillful advocacy is a rare commodity.  Although every generation produces its small handful of great advocates and a variable crop of really competent ones, the bulk of lawyers out there, stand up in our courts, never perform us they should —— and could”.

 

Without going into the fundamentals of good advocacy and the golden rules, it is important to reiterate that while addressing the court it has to be remembered that the judge wears all laws on his sleeves. Well, there is a lurking question: “if the judge knows the law and the litigant knows his facts; how arises the need for an advocate?”  Under the present judicature as long as the universities confer the law decrees and the Bar Councils give licenses to practice; the lawyers need to adjust to the prevailing conditions as employment opportunities are scarce elsewhere. Should the judge decide to dismiss a valuable right guaranteed under the constitution on a technical ground of limitation or jurisdiction, advocate should not press compliance with the principles of natural justice or invasion upon the rights of citizen or seek aid of justice against ill-gotten gain or seek remedy for curing manifest illegality or press for reasonableness as the judges are faced with paucity of time.  They are humane and advocate should concede the humility.

 

Twenty-one students seeking permission to appear in matriculation examination, in view of a court order, apply for early hearing of the petition in view of the approaching exams, judge decides that the petition is incompetent and the office has rightly blocked it.  If the property of a widow is appropriated by an instrumentality of the State on the plea of adverse possession and she seeks constitutional remedy at law based on immunity from the pale of legislative enactments and executive acts and the judge dismisses the claim of property right, good advocacy requires to bow before the court and leave.  Lawyers must remember that the power to declare the law to be void and power to enforce the fundamental rights rests with the judge and an advocate cannot be a judge. A petition, challenging the validity of the State action with reference to fundamental rights coupled with violation of ‘status quo’ order, is not decided and the State agency accomplishes the project on the privately owned land under the nose of a court and the court has no time to hear the contempt petition, the advocate should have no grouse as he has pleaded his case. The dispensation of justice is the domain of the judge and it is always to be remembered.

 

The advocates should do their homework to assist the judge and have faith in his ability and competence and the judges do reciprocate to good arguments and formulation of law-points and they base the verdict exclusively on evidence duly received and on inferences logically drawn from such evidence.  Then why should advocates test the patience of judges which is experienced very now and then. Lord Wright in March 1944 had observed:

 

“……… judges, however, are only human beings and their patience is sometimes sorely tried by counsels and litigants.  It is always to be regretted if their patience even appear to give way.”

                                   

                                                                                                     (AIR (32) 1945 PC 38)

 

It is important to put one’s own house in order rather than to accuse the other wheel of the chariot of justice.  Advocacy, honest advocacy, is about making people see the truth and persuade people to follow the course of law.  If liberty, justice and the rule of law are to be saved and upheld, it is the fraternity of advocates who can uphold them.

 

Now, a word about the current state of advocacy. Pitfalls are to be high-lighted in order to bring about reformation.  Imagine an advocate moves a bail petition before the High Court and realizing that favourable order is not in the offing abandons the petition and obtains bail order from lower court by concealing the pendency before a superior court.  Is it good advocacy? An advocate gives an affidavit to the opposing party to the detriment of his own client’s interest. Is it good advocacy? An advocate files a stereotyped petition before the High Court a second time with a certificate that it is first petition on the subject.  Is it good advocacy? An advocate accepts a brief at exorbitant fee to get a favourable order from the court, which had earlier been refused.  Is it good advocacy?

 

Litigants are intelligent people. They employ all possible measures to succeed.  Imagine! A litigant hires a son of judge, in a matter pending before his father, in order to get the case transferred to another bench. The young advocate obliges and the cunning litigant succeeds. The young advocate even doesn’t realize that his reputation has been impaired.  Good advocacy commands that young lawyers should resist such temptations. 

 

The members of the bar lack cohesion to be a fraternity of advocates but are divided.  They owe allegiance to political parties.  They are divided by caste system.  Similarly, they are either pro-government and desirous of appointments or are pro-opposition with designs to humiliate the government. Consequently, their right to franchise in the Bar elections is remotely controlled by the tribal chief or the heads of the political parties. Can advocates with herd instinct claim to be the intellectuals- cream of the nation. Young lawyers are required to rise to the occasion in rebuilding the grandeur of the profession to which belonged the father of the nation and many others, who strived for an independent homeland. Advocates should be proud of their heritage.

 

The Lahore High Court Bar Association, along with Dacca and Karachi Bar Associations have had rare distinction of exhibiting a role of opposition in the dark era of Martial Law. Would the members like to stoop to the level of stooges with their strings remotely controlled by the political leadership of the country!  It is about time that advocates should rise to the occasion, deriving strength from their predecessors, who stood firm against the State tyranny to uphold the rule of law.  This could only be attained through hard labour to equip with the technical know-how by acquiring knowledge of law and have confidence that providence shall reward and advocates should not beg for favours from the executive.

 

Law is a living organ and innovation is the key to its development. Lawyers should not be shy to propound new concepts and develop arguments to substantiate their point of view. It is to be remembered that fiction of yester-years is science today.  Man made legislations are fickle and there is ample scope for interpretation by courts.  For example, Sales Tax Act, 1990, imposes tax on everything on Gods’ earth but on sale.

 

Young lawyers can build their confidence through hard labour and honesty of purpose. Have faith in almighty Allah who shall rewards. Do not look towards the high-ups, who are engaged in their own glorification and believe in distributing spoils of office and charity at home.  In eighteenth century, British had to go searching for the heir to the throne in the House of Hanover in Germany but the commoner was not allowed to wear the crown.  Islamic history has witnessed a dynasty of slaves, who ruled India.  Islamic culture is very rich and magnanimous.  Profession of law is noble profession and advocates shall have to be independent in approach to acquire the art of good advocacy.  The profession of law offers bright prospects as there is enough room at the top for deserving good advocates. 

CHAPTER 1

 

THE ART OF ATTRACTING CLIENTS

 

“LAWYER” IS A “ROLE”, PLAY IT WELL

 

There cannot be two opinions that a “role” not played well is a role “deceived”. No impediments coming in the way of any role in life should be a pretense to give up the role. Human life is, so constituted that from the beginning right up to the end one is required to play scores of roles the more and more his life advances ; and all of them must be discharged properly, if the life is to be called a happy and successful life.  Hence, life so fundamentally depends on various roles whether in private or public that one is always a different personality to a different man at a different time, though chiefly, he is known to the outside world by the personality of his career which he follows as a main pursuit of life.

 

So, is true with the career of law which binds oneself with the personality of a ‘lawyer’. Since the legal profession is called as one of the most honoured professions, as here, one is called upon to be in the active service of a section of public, namely, litigants or clients, the more honourably the role is played the more honourable would be its rewards.  A lawyer takes to this professional role as a “career,” and either he pursues it till his health permits or his interest in law and clients in alive in him. 

 

The role of a lawyer, thus binds one in moral relationship with his clients, whose work he undertakes on the one hand, and his relationship with courts on the other, as, he is expected to be an official of the court as well. Since every role has a field of its own, so the role of a lawyer is to be played within certain legal norms in the vicinity of courts and one’s chamber. If the role is played well, it will definitely create a reputation of his own and the lawyer shall be looked up with honour, not only among his professional colleagues, but also by the world of clients and courts, where his role is directly appreciated or at a test in his day to day dealing.

 

A lawyer has, therefore, to be vigilant all through his professional career, as a pedestrian is daily vigilant on the road, that his role as a lawyer must not be underplayed, but, should be played with such sincerity and devotion to his clients and towards courts that he should be viewed with honour and respect in the circle he works and moves. The more the role of a lawyer is played with sincerity and devotion, the more the lawyer will build up a reputation in the eyes of courts and clients, which will ultimately provide him a fillip in the profession for greater heights.

 

But, if the lawyer, is not true to his role and lacks in sincere behaviour towards his clients and courts, for reasons best known to him, and also makes no efforts to equip himself in laws and case-laws connected with the case in hand and thus the causes of his clients suffer irreparably at his hands in courts, then besides his being lowered in the estimation of clients and courts, he will be exposing himself for professional misconduct or gross negligence marring his whole professional career for future.

 

Hence, a lawyer cannot be indifferent for a single moment in his professional life, which, he undertakes with solemn affirmation in his heart for service of the clients and fulfilment of his lofty ambitions of a successful lawyer. He should take pains not to do such things which may cripple the interest of his clients at his hands for which they would singularly blame him for their disastrous consequences in courts. However, the role of a lawyer, which is played towards a section of a society called ‘litigants’ or ‘clients’ is only a part of the bigger role, the role towards the general public or the nation at large. Hence, on the true success of the greater role towards the clients and courts depends the success of the greater role towards the nation which the great lawyers have ever kept as their ambition of life:       

 

“The lawyer’s extra professional role should not be viewed in isolation from his professional role but in fact it should be considered as closely related to it. A lawyer’s role is not to be limited to the function of mere advising a private client. He has the honour to be a member of that great noble professional from whose ranks have been taken in times of greatest emergency men whose high destiny it has been not only to guide the caravan of a particular society in which they were born, but, to sustain the weight of whole mankind when it betrayed the sign of disintegration Abraham Lincoln and Mahatma Gandhi  are examples to quote from the galaxy of legal starts whose brightness of wisdom was not confined to the portals of law, but crossed its barriers to enlighten the part of humanity when it appeared to be in the grip of darkness.’’(Sanjiva Row’s “Advocates Act and Legal Practitioners Act, 5^th End. P. 367)”.

 

In a treatise on “Professional Ethics of the Bar” (2^nd Ed.1987, at p.17 published by the Law Book Company (P.) Ltd., Allah bad) Shri C.L. Anand remarks:

 

“Lawyers hold a unique place in the life of a community. Their normal field of    

             work is as Advocates in the administration of justice but their service are also                   

             in great demand in other fields and one of these is of legislation….”. The       

            Author adds at page 23, “Law is universally described as a great profession  

            par excellence. Its greatness lies not in the wealth it brings or the prospects      

            of high political offices which it affords to its members, but in its code of professional ethics. It may, however, be asked what will a lawyer gain by scrupulous observances of the etiquette of his vocation. The value of conformity to the ethical standards is not judge only in terms of money. There are also other considerations no less important.”

 

It is well said:

 

            “Lawyers render service to the community in innumerable ways. So great and varied is the role, which they play in society that their integrity is a matter of highest importance to the state. The ethical basis of conduct for the lawyers is the same as for any other members of the society. If an act or conduct is dishonour – able for a person as a man, it is also dishonourable for him as a lawyer. No one, therefore, can be an honourable advocate unless he is a good and honest man.”

 

Sharswood confirms: 

 

            “Let it be remembered and treasured in the heart of every student that no man can ever be a truly great lawyer who is not in very sense of the word a good man. A lawyer, without integrity, may shine for a while with meteoric splendour, but, his light will soon go out in blackness of darkness”.

 

He adds:

 

            “There is no profession in which moral character is so soon fixed as in that of law; there is none in which it is subjected to severer scrutiny by the public. It is well that it is so. The things we hold dearest on earth: our fortunes, reputation, domestic peace, the future of those dearest to us, nay, our liberty and life itself-we confide to the integrity of our legal counselors and advocates. Their character must be not only without a stain but without suspicion. From the very commencement of a lawyer’s career, let him cultivate above all things, truth simplicity and can dour, they are the cardinal virtues of a lawyer.”   

A lawyer’s clientele often reflects their character and capability. Attracting clients involves not aggressive marketing, but building trust through competence, ethics, and visibility in legal forums. In Pakistan, Section 41 of the Legal Practitioners Act prohibits solicitation, emphasizing that reputation and courtroom skill should naturally draw clients.

Reference:

• Pakistan Bar Council, Code of Conduct for Advocates, 2007
• Sadiq v. State (2010 SCMR 456)

        

     

                

 

 

 

 

 

 

 

 

 

 

CHAPTER II

“LAW” IS A JUNGLE – SPECIALISE YOUR BRANCH

 

The ignorance of law is said to be no excuse in the eye of law yet the common man cannot realize the extent of laws prevailing in the country. It can easily be termed like a jungle where a legal practitioner has to choose his own field for specialization. Though a lawyer is expected to know something of every law of the land, yet, for practical purposes in his field of practice he has to choose one or few branches at the most to specialize so that to the clients concerning that branch of law he should place his services with the best of his knowledge and legal talents.

 

Experience has shown commonly to lawyers that very often when they aimed to choose a certain branch of law to make their carrier as a lawyer, the destiny followed otherwise, as they could not get the work in that branch of law to their satisfaction whereas the work of other branch of law came to them which they followed sincerely and made a name in that branch. How often a young entrant, while working as a reputed lawyer on the Civil side ultimately turns into the criminal side where rests his name and fame in the profession.

 

 All this shows that a lawyer should be open minded from the beginning and he should study and digest the various laws of different branches so that he must have, at least, a bird’s eye view of all the important laws of the land and as such he should be able to fit in himself for any work of any legal branch coming to him for his services. It is well said that a lawyer does not specialise in any branch of his own accord but it is the clients who make him specialised in a particular branch. One cannot know in law as to which case, if ends, in success at a lawyer’s hand may turn his fortune and the consequent flow of clients of a particular branch.

 

It is in the practical knowledge of the author that how a lawyer having good hold on work on the civil side for about eleven years in the beginning of his career (1917) who casually conducted criminal trials as well, the Criminal work began to stream into his chambers when he marvelously conducted a sensational murder case (1928) in which a Chaukidar was murdered in broad day light and four persons were prosecuted under section 302/34 of the Indian penal Code which case was thrust to him for conduct when other toppers withdrew their hands when the trial court (later J. Rachpal Singh) sentenced to death all the accused, despite crucial evidence in favour of the accused, and which sentence was set aside by the then Chief Court of Oudh (now amalgamated with the Allahabad High Court). This case alone marked the drastic change in the career of the lawyer concerned in whose chambers the stream of cream of criminal work began to flow in and who did hold the position at the top on the criminal side till the end of 1979. (Ram Nath Shanglo of Faizabad Bar who died in February, 1980). Similar, is the example of eminence whose devotion to law and clients did change their fortune to envious heights.

 

As such despite the overcrowding in the profession or the overcrowding of laws in the land, the sincerity with the profession, if followed, will not go unrewarded. The fundamentals will remain always the same, whether, it is 1901or 1987. Truth is Truth, whatever the time, or so long the legal profession will exist.

Legal practice has expanded into specialized fields such as tax, cybercrime, arbitration, and environmental law. In Pakistan, clients increasingly seek lawyers with focused expertise. Specialization enhances efficiency, confidence, and the likelihood of favorable outcomes.

Reference:

• Jameel v. Federation of Pakistan (PLD 2018 SC 71)
• Article by M. Zubair, “The Rise of Legal Specialization in Pakistan”, PLJ Law Review (2021)

 

CHAPTER III

CLIENTS RUN AFTER REPUTATION

                                 

A reputed lawyer is always in demand in the world of litigants.  The clients, in general, whether their work is of Civil, Criminal, Revenue, Taxation or Labour in nature, always prefer to consult and engage the lawyers who are well versed in that branch of law and have built up a reputation of their own.

 

‘Reputation’ is the term, which, connotes the popularity of a lawyer, in a particular field or fields of law, recognized by others.  For a case of Criminal nature, a reputed lawyer would be one who has to his credit the success in lot of Criminal Cases including sensational ones, who will, invariably be in demand by clients involved in tough criminal cases like complicated murders, arson, rapes and even dacoities where respectable or innocent persons have been involved as accused.  So, is the case with other branches of law where the services of lawyers of reputation of those branches are required by clients.  But such reputation in any field of law cannot be achieved over-night in the profession.  It is like building of a citadel, brick by brick, wherein the lawyer has to burn mid-night oil while conducting wide legal studies and then devoting himself to the concentrated preparation of the cases in hand for a long period when the seed of reputation blossoms into a tree one day after successive successes in the profession.  The acquirement of reputation is, at times, a long drawn affair in any field of law, which despite its competitive nature paves the way in the case of a diligent lawyer, who is diligently endurant in his professional career.

 

This is the very reputation which draws litigants towards such lawyers, sometimes, from far and wide, who come and engage him in their cases with the firm belief in their minds, that, the lawyer concerned will switch his case to a successful end in the court of law. This reputation of a lawyer is, invariably, the outcome of the patient endeavor and devotion in law.  If this price is willingly paid by any new entrant in the profession, there is no reason, why, such reputation of his, could not be made in due course.

 

The more the reputation is based on solid grounds, the more lasting would be his successful career in law.  Despite, tough competition in the profession, and the theory of survival of the fittest, a keen lawyer, a devoted lawyer or a lawyer who takes the profession seriously will never find himself short of work.  A solid reputation, built on solid work, will remain solid till the end of the lawyer’s career.  But a reputation built by adopting short cut methods or using the so-called unfair means will remain short lived and hit by short duration.

 

Of course, a success looks to be a success, whether, it is obtained by sweat and labour or by short cuts but, in its intrinsic worth and durability it will differ poles apart.  A success attained after a long period of rubbing, toil, and suffering definitely has a long duration of stay and reward, but what is attained by adopting questionable means and derogatory tactics will not live for long or bear lasting fruits, as experience has shown.

 

Money is not the sole consideration of a reputed lawyer.  George Sharswood says in his “Legal Ethics” that the institution of mere money making lawyers is “one of the greatest curses with which any state or community can be visited.”  He adds:  “The usual function of advocate is to advise clients respecting their legal rights.  He may occasionally dabble in the field of public affairs but the Bar as a body do not take interest in such question as law reform and improvement of the legal system.  Advocacy by its ancient honourable traditions, however, is a career of service to the community, and the extent of this service is not limited by what the advocate does in the conduct of his professional duties in the court of law.

 

What Chief Justice of the State of New Jersey.  Arthur T. Vanderbilt states about the functions of a great lawyer must be kept in mind: “Many lawyers fail to attain full growth.  Indeed, many of them never glimpse the vision either of what is rightly expected of the legal profession or of them individually.  For them, alas, their responsibilities begin and end with serving their clients and then for the law is only a set of mechanical rules which they attempt to manipulate for the interest of their clients.  A lawyer with such an outlook on his profession is not likely either to attract clients or to serve them well, nor will he even enjoy the solid and durable satisfaction that come from a well-round complete life in the law.

 

Hence, the reputation which hovers on the mind of an honest client before he enters into the chamber of a reputed lawyer, is the all-round reputation of the lawyer, and not only that reputation which tells him, that, his lawyer wins the case by hook or by crook, whatever its ultimate fate in higher courts.  Reputation, as such, walks before the lawyer walks, speaks before the lawyer speaks, and rewards the lawyer before he actually does the work.

 

Reputation is an intangible asset, built over time through consistent performance and ethical conduct. In Pakistan’s legal circles, reputations often precede advocates, affecting client selection and peer recognition.

Reference:

• Code of Conduct for Advocates, Rule 2
• Syed Ali Zafar, Legal Ethics and Professional Responsibility in Pakistan, 2022

 

 

 

 

 

 

 

 

 

CHAPTER IV

A SINCERE LAWYER IS A “CASE-WINNER”

           

It is invariably an inherent wish of a client, whatever, his category and whatever, the nature of the case, that the lawyer whom he has engaged to look after his interest in the court of law, should be the one who must conduct the case best to his capacity and ultimately win it in the law court.  No client engages a lawyer, whatever the lawyer’s status may be, if his conscience does not allow him, or his purse does not permit him, to engage.  Even, if his purse allows him to engage the lawyer, yet, if he entertains a lurking suspicion in his mind that he has no chance to win the case at his hands, he will make a pretense of seeing him again and go away.  Hence, it is a precondition, that, when a client hands over his file to a particular lawyer he should develop, then and there, a faith in him, after due consultations with him about his case and the possibilities of success at his hands, before he parts with his papers and the settled fee.  In other words, if any new client enters in one’s chamber either he has already come mentally prepared to engage him, and if not, then he first consults him and then according to his intelligence makes up his mind whether to fix him up for the case or not.  The moment he is convinced that the lawyer with whom he has discussed his case in detail, and also received his valuable opinion about the successful conduct of the case, then he may make up his mind or take help of his associates, who, often join him, in coming to a decision, and then may engage the counsel.

 

A lawyer is habituated to such usual scenes in his office when he receives new clients who come to engage him whether for defence or the prosecution, or whether for plaintiff or for defendant in cases of criminal or civil in nature or any case whatsoever.  The more the lawyer is of standing and holds a reputation in a particular field of law the more the clients of that branch are likely to come and engage him, to conduct their cases.

 

\A sincere lawyer, unmindful of his personal interest, must give to the client his candid opinion regarding the merits of the case before accepting a brief.  Judge Sharswood says in his ‘Legal Ethics’:

   

“It is nothing but selfishness that can operate upon a lawyer when consulted, to conceal from the party his candid opinion of the merits, and the probable results.  It is fair that he should know it; for he may not choose to employ a man whose views may operate to check his resorting to all lawful means to effect success.  Besides most men when they consult an attorney, wish a candid opinion, it is what they ask and pay for.”

 

Judge Sharswood rightly adds:

 

“Entire devotion to the interest of the client, warm zeal in the maintenance and defence of his rights and the exertion of his utmost learning and ability – these are the higher points which can only satisfy the truly conscientious practitioner.”

 

Of course, such a position of the lawyer is not attained overnight in the profession, but, it mainly depends on his utter sincerity and devotion with which he has stuck to the profession from the day he has joined his career and worked with heart and soul together.  This sincerity, which is another name of blind devotion, works wonders for a lawyer.  It is said in other words, that the success or failure in the career of law is always guided by the measure of devotion which a lawyer gives to the legal studies and handling of the case work.  There are cases which require initially a lot of devotion and mental exercise to chalk out a line of defence and to locate the concerning witnesses to prove a fact; and, the more the lawyer is in the habit of putting in the due concentration on the pros and cons of a line of action by taking complete instructions from his client and then marshalling the facts in view of any latest amendment, or, case laws, there is, no doubt, that he would ultimately win the case and satisfy his client’s hopes and confidence in him.

 

Success in any field, and no less in law, is not a matter of chance but of complete fidelity and devotion to each and every case in hand coupled with the thorough study of the concerning uptodate case laws, leaving no efforts on chance or luck.  The term ‘chance’ at the most only stimulates an opportunity when one has solidly attained the requisite qualities by dint of hard work, indomitable will, and constant devotional interest in matters of law and cases in hand.  The more, the case is of complicated nature, the more attention, perception and the Herculean preparation it requires on the part of a lawyer, which, if put in, no doubt, the success in the case, lays ahead.

 

Hence, ‘Sincerity’ cannot be underestimated in the success of law and for permanent attraction of clients.  It is an old adage that “Law is a jealous mistress.”  As a jealous wife always demands sincerity and devotion from husband at home before he can lead a happy married life so the success in law is desirous of “Sincerity” – sincerity to the case, and to the client; but, for which, no lawyer can be rewarded from the jealous mistress of law.  Like a faithful husband to his wife, a faithful lawyer should be-have with the mistress of law before he can dream of laudable success in his career.

 

Of course, the client’s in interest should be in the heart of a sincere lawyer, yet, a higher ideal also pervades in him during the conduct in court.

 

Lord Atkin said:

 

“A lawyer should avoid confusing his client’s interest with the still hire duty of observing trust.  A lawyer is an officer of court, a co-operator with it in the search for truth.”

 

The life of great lawyers all over the world, what to say of India alone, is replete with examples of sincerity and devotion to law, sacrificing the present for the future. The day any lawyer, whether even at the top, turns his face from the required sincerity and devotion in law, whether due to additional interest in politics or otherwise, the laurels of success also turns its face from him and the personality of the lawyer begins to curve in the equal measure of his diminishing sincerity in the profession.  Sincerity, therefore, is the first and the foremost ladder of success in law.

 

Clients value sincerity as much as knowledge. A lawyer who honestly appraises a client’s case gains credibility. Pakistani courts often commend lawyers who present facts candidly rather than mislead the bench.

Reference:

• Malik Riaz Hussain v. NAB (2015 SCMR 456)

 

 

 

CHAPTER V

CLIENTS VALUE OPTIMISTIC LAWYERS

   

A lawyer, if once engaged, his relationship with the client begins.  It more or less verges on the same theme which governs the relationship of a doctor and patient.  If a doctor, diagnoses a patient, with a pessimistic outlook and creates a phobia in his mind that his disease in somewhat incurable and that by medicines he can only lessen tension, the patient will lose confidence in him and despite the doctor’s reputation, will not like to go in for his treatment.  Likewise, is the case of a lawyer, who, while going through the records of a case, whatever its nature of litigation, outright advises his client that the case is not likely to succeed or must end in ala probability in conviction, if it is a criminal case, and further gives him no hope of any turn in any eventuality, the client would be the last person to stick to him, unless, his implicit faith in the lawyer is such that he prefers to lose the case or be convicted or even sent to gallows if the case is of murder but his case must remain in the hands of a particular lawyer.  Of course, this exception would apply only in rare cases with rare clients and with rare lawyers of eminence.  The experience has shown with concrete examples, that such blind faith of clients, very often, was rewarded, more than once, when their eminent lawyers put their heart and soul in such cases, accepted under duress, or trust on them, as during the trails such eventualities were cropped up when the hostile courts of the beginning changed their attitude and began to appreciate the defence version of the case on production of certain prosecution witnesses, who were exposed in the cross-examination to such an end that the lost hopes were turned into smile of fortune on the accused.  It has been true not only with the criminal cases but also with cases of civil nature, when clients’ implicit faith in their lawyers were rewarded.  But leaving aside exceptional clients or exceptional lawyers, the common belt of clients cannot tolerate for long a pessimistic opinion of a lawyer who gives more chances of losing the case than providing hopes of winning the client’s case.

 

A pessimistic lawyer is one, who is afraid of taking any bold defence in a criminal case where it is specially needed under the circumstances as he has no faith in himself that he may ever prove it from the mouth of prosecution witnesses by his diligent cross-examination.  Hence, any pessimistic view of the case, in hand, will devour the hope of any chance of success in that case.  A case is more often, won or lost, in a court of law by the weight of optimism or pessimism which the counsel attaches to the case.  Even a worst criminal case is often found taking a different shape before the stage of argument is reached, when diligently conducted by a determined lawyer.  As no groping in the dark always end in failure so no concentrated efforts even in a worst case of defence goes without results.  Also, as one can begin to perceive while standing in jet darkness, so a lawyer experiences, often, in worst nature of cases, the light of success dawning on the case, which, ultimately turns the fortune of his client.

 

However, the optimistic attitude should be kept at the top by a conscientious lawyer when tackling a client, and despite all drawbacks and weaknesses in case, which he may unveil before his client as a honest lawyer, he must also sort out form the records his strong points on which depend the chances of success.  If nothing strong is visible to him, even then, he must not openly dishearten his client, but should try to make further efforts to search out and bring out some favourable facts which may be later developed in court.  In exceptional cases, if all seems to go wrong, he must so tell the client and withdraw himself.

 

It is well observed:

 

“Where a litigant engages a member of the legal profession to conduct a case, broadly speaking, a relationship is brought about between them according to which the litigant legitimately expects in return for the remuneration paid that the lawyer, whom he has so engaged, would carry out his duties and obligation in connection with the case with the utmost good faith and with all due and reasonable diligence”.

 

From time to time the High Courts have well observed that the confidence of client in his counsel must be discharged faithfully.  If it is established that a counsel instead of discharging his duties faithfully like a person of trust and favour, has betrayed his trust in consequence of which a client has instituted proceedings for misconduct against him such Advocate will be dealt with severely.  The members of the legal profession should stand free from any suspicion whatsoever.

 

            According to the words of Cockburn C.J., it is the duty of an Advocate “to the utmost of his power to seek to reconcile the interest he is bound to maintain and the duty it is incumbent upon him to discharge with the eternal and immutable interests of truth an justice.”

 

A hopeful lawyer, an optimistic lawyer or a determined lawyer will invariably be in demand by the client world despite numerous weaknesses and apparent flows in the client’s case as he would come and engage him believing, firmly, that he will try his best to make all efforts to turn his weak cases into strong ones.  He will be confident in his lawyer’s intellectual capacity that his lawyer will find out such circumstances in his case and elicit such favourable answers from the mouths of witnesses produced from the other side, which, may shape a different picture of the case in his favour.  Thus, the client will repose implicit faith in him as his life, property and liberty rest safe in his hands.

 

Hence, the optimistic attitude of a lawyer is one of the chief qualities of a successful lawyer, as it is bound to throw him into the arena of success in the legal profession.  No one can advance to heights of success in law or in life unless one deliberately cultivates the quality of optimism in his mind, whatever, the shortcomings or failures in the way.  Unmindful of the present setbacks, or even heart breaks if any, an optimistic personality of a lawyer or a lay man goes up and up in law or in life as the time goes on without a break.  To kick out optimism from one’s mind, is to kick out all chances of a successful life, or a successful career at the Bar.

Optimism fosters confidence, but it must be rooted in legal possibility. Lawyers in Pakistan who balance hope with realism tend to secure better engagement from clients.

Reference: Commentary in “Winning with Integrity: A Lawyer’s Guide,” by S. Amin, 2020

CHAPTER VI

 

AN “INFLUENTIAL” LAWYER IS AN ASSET

 

 

What makes a lawyer influential in the eyes of clients?

 

The common dictionary meaning of “Influence” is “power of producing effect” or “controlling power”.  This means that the lawyer who holds a power of producing effect or controlling power commands influence in the eyes of clients and courts.  How this power is attained or developed truly in a lawyer is not by any short-cuts but it is only through a long process of patient endeavour and whole-hearted devotion to the legal career.  The more he is popular for his qualities of legal acumen, gentlemanliness and boldness as an advocate, the more he will command the influence over the clients and the courts.  The quality of blowing hot and cold, not simultaneously, nut at opportune times, in the service of litigants alone, and showing invariably the due regards to courts of law under every eventuality, makes others to realize the true stuff the lawyer is made of and which consequently enhance his influence, specially over the client world.

 

An influential lawyer always commands love and respect of his colleagues and juniors at the Bar and is out to help others, whenever, his services are required.  He is, on the one hand, devoted to the profession and his clients where he leaves no stones unturned for the honest causes he pleads in the courts of law; and on the other, he is ready to give his services for all good causes which his conscience approves.  His inherent qualities are such, that, the courts of law, where he puts in his appearance invariably, welcome his presence with a glit in the eyes and give him the due audience and such patient hearing which to common eyes cannot be hidden that the lawyer gets some exceptional treatment at the hands of the courts.

 

An influential lawyer does not employ any other method while dealing with the clients or the courts, but does combine in himself sobriety with gentleness, tact with honour, sweet temper with diligence and has a solution to any problem facing either his client or any member of his profession who looks forward to his contribution to solve the problem.

 

Tact is among the main ingredients of professional success for lawyers. Mr. Aiyar observes:

 

“Above all he must be tactful.  What exactly is meant by tact? Essentially it is thoughtfulness or consideration for others.  It is that quality that steers us through life, hunting, humiliating, inconveniencing as little as possible.  Tactfulness is really a habit of mind, which can be developed.  We shall become tactful as we remember to do, or refrain from doing certain things; for tact is simply that, practically speaking, without doubt, this subtle desirable quality is the very lubricant of harmonious living.”

 

Whether the influential lawyer is a member of any political party or not or has any voice in the political administration is any capacity, he purposely avoids that status or proclaims its public exhibition while dealing with the interest of his clients in the courts of law.  Further, he never tries to influence any member of the judiciary, otherwise, than on the strength of his case in regard to any proceeding, in a court of law.

 

An influential lawyer is a fearless lawyer.  What Lord Chief Justice said in 1864 is still true today:

 

“An Advocate must be fearless in carrying out the interest of his client: but I coupled that with this qualification and this restriction that the arms which he wields are to be the arms of the warrior and not of the assassin.  It is his duty to strive to accomplish the interests of his clients per jus, but not per nefas, it is his duty to the utmost of his power to seek to reconcile the interests he is bound to maintain and the duty it is incumbent upon him to discharge with the eternal and immutable interests of truth and justice.”

 

A true influential lawyer is one, who never works for creating influence for influence’s sake, nor he is ever conscious of his own influence over other; but only remains conscious of his duties and obligations while doing any work of litigants in the court of law, or, his honest relationship with the Bench.  He does not move about in the court campus with any idea of his personal influences in the mind but the true influence follows him wherever he goes, as a shadow follows a man.  He is an asset to the profession.

 

Where, a lawyer commands influence over clients and courts, he has a reputation of its own, built up on solid foundations of his past working.  The clients, whose, main ambition in every litigation whether Civil, Criminal, or Revenue or otherwise is to win their cases in courts of law, smell out such personalities in the profession, and, provided their means permit, they prefer to entrust their cases in the hands of such lawyers who are reputedly influential in the eyes of litigants and courts.

 

Influence in this context refers to legal stature, not unethical advantage. Senior advocates and those with experience before superior courts are often perceived as more effective.

Reference:

• Asma Jillani Case (PLD 1972 SC 139)
• Professional conduct discussions in Bar Council Disciplinary Proceedings, 2019

 

 

 

 

 

CHAPTER VII

 

LAWYER’S “INTEGRITY” ATTRACTS CLIENTS

 

 

Litigations form a client world of their own. It is simply for their benefit that the judiciary as well as the judicial system have come to exist.  Since the legal disputes are of various categories the clients too form different categories and classes.  Like various diseases the treatment also differs widely so the various disputes in law courts have created various branches in the judiciary and the judicial system with their different codes of procedures.  The client world, is, of course, divided into various branches, who take recourse to the legal aids of Counsels practicing in those branches of law.

 

A conscientious lawyer, who has taken law as his career seriously, and works hard to build up a citadel of reputation and aims at high success in the profession will always prefer to pick and choose out of the briefs which he thinks he would handle successfully in the courts of law.  The lawyer of integrity has no time to waste his energy in fruitless pursuit of seeking work but devotes his leisure in delving deeply into the legal studies and legal research or case-laws so as to be fully equipped prior to any engagement in a case.

 

A lawyer of integrity or say an honest lawyer is invariably honest to the profession, honest to his reputation and honest to clients in his dealings with them.  Once reputation of honesty and integrity is built up by the lawyer, then, no client who has malafide intentions regarding legal rights or is truly involved in a criminal case will dare to come to the lawyer of integrity with concocted version as client knows before entering into his chamber and seeking his advice that his case will not be accepted on his terms.  If somehow, the client sticks to his engagement to defend him in a case of serious nature then he will have to stoop dawn to the terms of the lawyer for his engagement in the case.

 

Abraham Lincoln once scribbled a random note in one of his sleepless nights:

 

“Resolve to be honest at all events, and if, in your judgment you cannot be an honest lawyer, resolve to be honest without being a lawyer.”

 

An unscrupulous litigant who, wants to lodge a false complaint against his old enemies in order to harass them, will be looked down upon by a lawyer of integrity.  A scrupulous lawyer’s chamber has no place for dishonest clients seeking legal assistance for false complaints or plaints on fictitious grounds.  Only the true cases, either launched by litigants or to be pursued by litigants in law courts will be liked into by the lawyers of integrity.  In criminal cases, the accused charged with crimes with serious allegations, will have special tests with the lawyers of integrity holding reputation on the criminal side.  How often it is found that a dignified lawyer in order to satisfy himself with the veracity of the innocence claimed by the client cross-examination him or his pairokars in his chamber and on receiving convincing replies makes out a line of defence and accepts his case.  It is his special trait that when he is convinced himself about the accused’s defence or innocence and decides that he has sufficient materials to convince the court of trail then only he nods for acceptance of the case.

 

A lawyer of integrity is not a runner after clients nor after money by hook or by crook.  He is a gentleman first and a gentleman last.  He takes the law as a ‘Goddess’ and his career as ‘Worshipper’. He, under no circumstances of life or in any ups and downs at the profession, shows his helplessness or resorts to such questionable practices which he has openly abhorred in his career.  Once he accepts a case, after satisfying himself to the core, he puts in his best efforts and ability right up to the end without flinching in the least on no ground whatsoever.

 

The eminent author Sanjiva Row warns well:

 

“But such rare or exceptional cases apart, members of the legal profession should keep themselves at a respectable distance from their clients in such matters, because if they do not observe such restraint, complications are bound to arise, and the noble traditions and the high standards which members of this privileged profession are expected to maintain, are put in jeopardy.”

 

Justice Donavan gives memorable remarks:

 

“In your intercourse with clients act with great caution upon the statements that they themselves make.  Sift those statements carefully; cross-examination your clients as to the facts, and be careful to ascertain not only what they deem the facts of their case to be, but what they can prove them to be.  Some clients are stupid, and some are not disposed to be frank with their own counsel.  If opinions are rashly given upon the partial and imperfect statements of clients, it will often be found that, though the opinion upon the facts stated was sound, yet that some fact not stated changes the whole character of the case an defeats the action or the defence, and the lawyer often bears the responsibility of an error that should rest with the client”.

 

So, follows C.L. Anand:

 

“If, after investigation, the Counsel thinks that his client’s case is weak and untenable, he should tell him so.  He should not give him false hopes or plunge him in ruinous competition.  But in deciding upon the course, it should not be forgotten that what appears to him trivial and unsustainable may be accepted by the Judge as cogent and plausible.”

 

It is all because a lawyer of integrity is so scrupulous in his private life that he refuses himself to be swayed by any general current of falsehood and deceit, whatever the temptations.  He believes, all through in the fundamental principles of life as practiced by stalwarts of the profession in the past and often stands alone to stick to them despite oppositions.

 

A dignified lawyer follows what Mears C.J. of the Allahabad High Court observed in ‘A Vakil, in the matter of’; “A Counsel is entitled to accept the instructions of the client subject to this, that as a matter of prudence and one’s own reputation, it is not well to associate oneself with reckless charges of fraud and criminality or to indulge in abuse; and Counsel should explain to client that these charges, if unproved gravely injure the case, and prejudice the judge….”    

 

This outlook of his professional life creates a reputation of his own and clients who have real and true causes to contest in courts always run to him for his legal services as they confide in him most.  A lawyer or integrity is always a gainer in the long run at the hands of honest clients, renowned business concerns or state engagements in sensational cases.  How often the lawyers of integrity have been picked up by the Central Government for such coveted appointments like the Judgeship of the High Courts in India as a tribute to this special trait in their career of law, is not hidden from the legal profession.

 

The words of the former Judge of the Supreme Court will always inspire keen lawyers at the Bar.  Shri H.R. Khanna, the then Chairman Law Commission of India while addressing in a General Meeting of Ahmedabad Bar Association on 17^th November, 1978 observed “…. One is also conscious of the great past of the profession, the imprints of the members of the Bar have left on the sands of time and the glorious role they have, on occasions, played as sentinels of cherished values and basic liberties.  The members of the Bar, there can be no doubt, are inheritors of great traditions.”

 

Integrity builds enduring trust. Pakistani disciplinary rulings emphasize that lawyers must uphold honesty in client dealings, billing, and presentation of facts.

Reference:

• Punjab Bar Council v. Agha Advocate (2020 PBC Decision)
• Pakistan Bar Council Code of Conduct, Rule 6

 

 

 

                                                

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHAPTER VIII

 

A “BOLD ADVOCATE” IS SOUGHT AFTER

 

The boldness of a hoodlum and the boldness of a lawyer are poles apart like truth and falsehood in life. A boldness, which, verges on the ruthlessness and causes inhuman atrocities and commits diabolical crimes against others is deadly opposed and often washed off by force and cannot be tolerated for any moment by  any sane section of the  society. This type of boldness is not only a taboo or punishable deterrently in the eye of law, but, also remains a law and order problem for state to tackle.

 

But the boldness of a lawyer, in the conduct of his cases in courts of law, is always regarded a special trait of his professional life and not only he, but also his clients, reap its rewards. Whatever the line of action he adopts in the case of his clients in court proceedings, he pursues it to the end, creating all circumstances of its upholding by the court, whether by cross- examination of witness or by leading evidence to establish his line of defence and never shifts from the old stand taken after full deliberation. If he is conducting a criminal case, where his client’s instructions are, that he acted in the right of private defence, through, he did not receive any injurious on his person or on his side, the bold lawyers will act on the plea, which, despite any supporting evidence or a police report in his client’s favour, may create such possibilities from the cross-examination of the prosecution witnesses, which would show to the trial court that the accused did act under the right of private defence. A bold advocate is invariably l: e, who, is very often, a voracious reader of up-to-date laws of his branch, which, provide him intense confidence in what he does for client in courts. A bold advocate, whatever his side of practice, will take boldly such line of action or defence in cases at his hands, which by sheer dint of his merits alone, paves the way of his client’s success in court. As a swimmer who has to his credit a long practice of swimming even in deep waters, becomes confident for greater feats so a well-versed lawyer in laws and facts of the case, boldly stands in tough cases with confidence. The more the lawyer is experienced on sound footing, the bolder he becomes in handling even bad cases of his clients, after getting them turned into strong ones and obtain favourable verdicts of the courts.

 

“The genius of success is the genius of labour. You cannot gain the rewards of        diligence without suffering its fatigues. He who does not work neither shall he eat, says Art. 3 of the U.S.S.R. Constitution. Work is in communication with an indefeasible right.’’ 

      

Denning L.J. observes in Abbot v. Sullivan.

 

            “No doubt, the experience smooths the way in all profession. The only way,                             

            however, to develop the germ of future excellence in the young lawyer is    

            assiduous industry. The legal profession is not a bed of roses. If you have no   

            roses.”

 

       A bold advocate under no circumstances, becomes ruffled during the pendency of any case in a court nor even the worst situations, cropped up suddenly in courts against his clients, ever shake or unnerve him from the stand point he has taken.  He has a reply and a capability to meet any confusing situation created by a witness from the other side or from his own side, and has a knack to swim out of the troubled waters successfully without any delay. A court cannot casily discover whether a bold lawyer feels handicapped under any situation in a court proceeding because of his unperturbed temperament which is his special trait in the face of any problem arising in the court.

 

A bold lawyer, at every place, has been in demand by the clients in general, and the clients of his field in particular, who flock to him for engagements in their cases, reposing complete faith in him. They are confident that their cause will be safe in his hands and under no circumstances in court he will give up the struggle for success of his clients.

 

His Lordship Agarwala Ag. C.J. of the Patna High Court observes:   

 

“A person who derogates from the high standard demanded of a legal practitioner must not be permitted to be in a position where he can harm the interest of his clients, and the reputation of the profession to which he belongs, and, at the same time, the reputation of the court for administration of justice. Lawyers are officers of the court and their misconduct cannot but affect that trust which litigants are entitled to place in the conduct of legal proceedings.”

 

Even under duress or any pressure a bold lawyer, if accepts any brief, he loses no time and opportunity to see, that nothing is left out in his marshel-ling of the facts of the case in hand and his ingenious mind works out with such devotion in court that the court very often beings to conclude the case of his client not only a strong one but also quite trustworthy.

 

An illustration follows from the life of Abraham Lincoln:

 

“He had the ability to perceive with utmost intuitive quickness, the decisive point in a case and the wisdom to throw away all the trappings, no matter how brilliant they might be, and cling to that one main point as a shipwrecked seaman clings to a lonely spur.”

           

Hence, a bold advocate has always been the pride of the legal profession, the pride of the place where lies his abode of practice in law, and the pride of the Bar to which he owes his honourable membership.  The reputation of his boldness in law spreads out like a wild fire, all round, and this boldness opens the door of his influence over others in measures beyond estimation.

 

In addition to all a bold advocate is in the habit of making fearless submissions in Courts.  In an English case Munster v. Lamb, it was observed:

 

“Words spoken by an advocate in the course of the defence of his client, however defamatory they may be of the prosecution, are not actionable, provided they be relevant to the matter in hand, and spoken in good faith.  An advocate has been allowed very extensive latitude in matter of the freedom of his speech before a court concerning the action in which he is employed.”

Advocates must defend their clients fearlessly within legal bounds. Boldness includes challenging precedents, asserting rights, and maintaining composure under pressure.

Reference:

• PLD 2005 SC 602 (Justice Iftikhar Chaudhry on judicial boldness)
• Excerpts from “Advocacy in Adversity,” LUMS Law Journal

 

CHAPTER IX

 

REPUTED CROSS-EXAMINERS DRAG CLIENTS

 

The cross-examination is often said to be “the rarest, the most useful and the most difficult to be acquired of the accomplishments of the Advocate.”

 

Lawyers practicing in the mofussil courts or say lower Courts cannot be oblivious of the importance of the art of cross-examination, which if once acquired with due confidence in oneself many an impossible case at its face may turn into possible ones and pave the way for unexpected success in the courts of trial.  The more value of the cross-examination will be felt whether it is a criminal or a civil case.

 

Specially, in criminal cases which initiate at the lodging of the First Information Reports and where the witnesses are examined first during the investigation under Section 161 of the Code of Criminal Procedure and then produced in the trial courts before a Magistrate or in Sessions, the prosecution witnesses are witnesses are examined and cress-examined one after another.  The winning or the losing of a Criminal case in the trial court mainly depends on the capability of the cross-examiner whether he demolishes the case of the prosecution or not.  If the cross-examiner has not been able to throw inherent doubts on the prosecution version or make the defence case looked more probable than the prosecution, the courts, will believe the prosecution case and convict the accused.  This is not hidden from a criminal lawyer that the fate of the accused in offences charged and supported by oral evidence mainly, whether direct or circumstantial, if not made untrustworthy by the force of cross-examination, no other substitute can demolish the prosecution case.

 

Mr. Cox in his work entitled “Advocate” says:

 

“Cross-examination is commonly esteemed severest test of an advocate’s skill and perhaps it demands beyond any other of his duties the exercise of his ingenuity.  There is a great difficulty in conducting a cross-examination with creditable skill.  It is undoubtedly a great intellectual effort, it is the direct conflict of mind with mind; it demands not merely much knowledge of the human mind; its faculties and their modus operandi to be learnt only by reading, reflection and observation; but experience of a man and his motives derive from intercourse with various classes and many persons and above all, by that practical experience in the art of dealing with witnesses, which is worth more than all other knowledge, which other knowledge will materially assist, but, without which no amount of study will suffice to accomplish an Advocate.”

 

Mr. Cox adds:

 

“To the onlooker, a cross-examination has much more of interest, for, it is more in the nature of a combat, with excitement that always attends a combat of any kind, physical or intellectual, man against man, mind wrestling with mind…….”

 

The reputation achieved by a lawyer as a superb cross-examiner depends on his long experience of working in courts and dealing with variety of witnesses whose cross-examination he has conducted from time to time.  His close and minute observations of the witnesses mentality has taught him how to handle and demolish a particular witness falsely deposing a particular fact in a particular type of case.  His experience tells him what type of witness will hide the truth and how to elicit it from his mouth and further which witness in tutored and how to discredit a tutored witness and expose him before court.

 

The art of cross-examination, as such, depends upon thorough preparation of the facts, of a particular case in hand, coupled with the thorough study of human nature and the witness in particular.  The deeper the preparation of human psychology the concentrated would be the cross-examination of the witnesses and the more likelihood of gaining the crucial points in favour of one’s client.

 

Mr. Ijaz in his “Criminal Trail” observes wisely:

 

“..Hence, it is, that it must call to its aid so many other elements than mere knowledge of law.  Experience of human nature, judgment of chances, knowledge of the case, tact of manner – all these things and more have to do with the art… To cross-examine or not to cross-examine that is the fundamental question, which springs from the essential nature of the process and arises anew for every part of every witness’s testimony.  The greatest cross-examiners have always stated this as the ultimate problem.”

 

The reputation, as a cross-examiner, once built up by a lawyer will pay dividends beyond estimation.  The client’s whose case, mostly depends on oral testimony, would search him out from the score of lawyers lacking in this art and fix him in his case.  An accused in a criminal case, especially involved in a murder, whose means allow him to engage reputed lawyer to defend him cannot take risk to go otherwise, but deploy the services of renowned cross-examination.  It is day-to-day experience in courts of trials that cross-examiners of repute have busy engagements in sensational criminal trials as their services cannot be dispensed with by both literate or illiterate clients as they are confident that the prosecution allegations could be turned to the advantage of the accused only if they could engage the services of the talented cross-examiners.

 

The cases of criminal nature in lower courts, especially in the Sessions courts, which have no judicial sanction of being reported in law journals as they are not the final judgments or the final observations, are replete with examples when the prosecution cases alleging the incidents at a particular hour of a day were by astute cross-examiners exposed and proved by various circumstances on record, to have occurred during dark hours of a night and the trial courts being convinced of the fact acquitted the accused.  Hence, a seasoned cross-examiner is rarely allowed to sit idle at any time during his long practice at the Bar.

 

Cross-examination thus plays a vital role in all criminal trails, especially in sessions trials before Session Judges or his subordinates.  Shri H.R. Khanna, the then Chairman of Law Commission in India, while addressing the General Meeting of the Ahmedabad Bar Association on 17^th November, 1978 observed:

 

“While speaking to the members of the City Civil Courts Bar, I must not fail to stress the vital role of the trial courts.  If an evaluation were made of the importance of the role of the different functionaries who play their part in the administration of justice, the top position would necessarily have to be assigned to the trial court judge.  He is the key man in our judicial system, the most important and influential participant in the dispensation of justice.  It is mostly with the trial judge rather than with the appellate judge that the members of the general public come in contact whether as parties or as witnesses.  The image of the judiciary for the common man is projected by the trial court judges and this, in turn depends upon their intellectual, moral and personal qualities.”

 

David Paul Brown lays down “Nine Golden Rules for the Art of cross-examination,” the extracts of which will be of great use to the lawyers in general everywhere:

 

“(1) Except in indifferent matters never take your eye from that of the                       witnesses.  This is a channel of communication from mind to mind, the loss of which nothing can compensate…..

 

(2)    Be not regardless, either of the voice of the witness…..

 

(3)    Be mild with the mild; shrewd with the crafty; confiding with the honest; merciful to the young, the frail or the fearful; rough to the ruffian, and a thunderbolt to the liar.  But in all this never be unmindful of your own dignity.  Bring to bear all powers of your mind not that you may shine, but that virtue may triumph, and your cause may prosper.

 

(4)    In a criminal, especially in a capital case, so long as your cause stands, well, ask but a few questions; and be certain never to ask any the answer to which, if against you, may destroy your client, unless you know the witness perfectly well, and know that his answer will be favourable equally well, or unless, you be prepared with testimony to destroy him, if he plays traitor to the truth and your expectations.

 

(5)    An equivocal question is almost as much to be avoided and condemned as an equivocal answer, and it always leads to, or excuses, and equivocal answer.  Singleness of purpose, clearly expressed is the best trait in the examination of witnesses, whether they be honest or the reverse.  Falsehood is not detected by cunning, but by the light of the truth, or if by cunning, it is the cunning of the witness and not of the counsel.

 

(6)    If the witness determines to be witty or refractory with you, you had better settle that account with him at first or its items will increase with the examination….. But in any result be careful that you do not lose your temper, anger is always either the precursor or evidence of assured defeat in every intellectual conflict.

 

(7)    Like a skillful chess player, in every move fix your mind upon the combinations and relations of the game, partial and temporary success may otherwise end in total and remediless defeat.

 

(8)    Never undervalue your adversary, but stand steadily upon your guard, a random blow may be just as fatal as though it were directed by the most consummate skill, the negligence of which often cores and sometimes renders effective, the blunders of another.

 

(9)    Be respectful to the court and to the jury, kind to your colleagues, civil to your antagonist but never sacrifice the slightest principle of duty to an overweening difference towards either.

Cross-examination is often decisive in criminal and civil litigation. Those skilled in exposing inconsistencies or verifying facts gain court favor and client attraction.

Reference:

• Qanun-e-Shahadat Order 1984, Articles 132–134
• Zahid Bukhari v. State (Cross-examination practices, PLD 2008 Lah 62)

 

CHAPTER X

 

THE ART OF  CROSS-EXAMINATION

 

 

“The issue of a cause rarely depends upon speech and is but seldom even affected by it.  But there is never a cause contested, the result of which is not mainly dependent upon the skill with which the advocate conducted his cress-examination.”

 

This is the statement given, long time ago, by one of England’s greatest advocates at the close of a long and eventful career at the Bar.  It is even more true at the present time, when what was commonly reputed a “great speech” is seldom heard in our courts.  Cross-examination is generally considered to be the most difficult branch of the multifarious duties of advocates.  Success in the art, as someone has said, comes more often to the happy possessor of genius of it.

 

To quote an authority,

 

“It requires the greatest ingenuity; a habit of logical thought; clearness of perception in general; infinite patience and self-control; power to read men’s minds intuitively, to judge their characters by their faces; ability to act with force and precision; a masterful knowledge of the subject-matter itself and above all, the “instinct to discover the weak point in the witness under cross-examination.”

 

THE MANNER OF CROSS-EXAMINATION.

 

In discussing the methods to employ when cross-examining a witness, let us imagine ourselves at work in the trial of a case, at the close of the direct examination of a witness called by our adversary. The first inquiries would be:

 

·                     Has the witness testified to anything that is material against us?

·                     Has his testimony injured our side of the case?

·                     Has he made an impression with the jury against us?

·                     Is it necessary for us to cross-examine him at all?

 

If the cross-examiner allows the witness to suspect, from his manner toward him at the start, the he distrusts his integrity, he will straighten himself in the witness chair and mentally defy him at once. If, on the other hand, the counsel’s manner is courteous and conciliatory, the witness will soon loose fear all witnesses have of the examiner and can almost imperceptibly be induced to enter into a discussion of his testimony in a fair minded spirit, which, if the cross-examiner is clever, will soon disclose the weak points in the testimony.

 

THE MATTER OF CROSS-EXAMINATION.

         

            If by experience we have learned the first art to control our manners, if then becomes important that we should turn our attention to the “matter” of our examination. Whatever we do, let us do it with quiet dignity, with absolute fairness to the witness; and let us frame our questions in such simple language that there can be no misunderstanding or confusion. Unskillful questions are worse than none at all, and only tend to uphold rather than to destroy the witness.

 

The experienced examiner can usually tell, after a few simple questions, what line to pursue. All witnesses are prone to exaggerate to enlarge or minimize the facts which they take oath. Thus, it is for the examiner to picture the scene in his mind; closely inquire into the sources of the witness’s information, and draw his own conclusion as to his mistake arose. Exhibit plainly your belief in his integrity and your desire to be fair with him and try to beguile him into being candid with you. Then when the particular foible which has affected his testimony has once been discovered, he can easily be led to expose it to the judge. His mistakes should be drawn out often by inference rather than by direct question, because all witnesses have a dread of self-contradiction. Under no circumstances put a false construction on the words of a witness; there are faults in an advocate more fatal with a judge.

 

David Graham, a prudent and successful cross-examiner once said, “A lawyer should never ask a witness on cross-examination a question unless in the first place he knew what the answer would be, or in the second place he did not care.” Certainly, no lawyer should ask a “question unless he is reasonably sure of the answer.

 

Sometimes, again, it is useful not even to suggest the vital the witness has left the witness chair and has gone half-way to his seat. Then suddenly call him back as if you had forgotten some detail and quickly get the answer wanted amidst his excitement in having to resume his testimony.

 

Here, it would be interesting to mention a case of murder, to which the defence of insanity was set up, a medical witness called on behalf of the accused swore that in his opinion the accused, at the time he killed the deceased, was affected with a homicidal mania, and urged to the act by an irresistible impulse. The lawyer on prosecution side, first put some questions on other subjects, and then said, “Do you think the accused would have acted as he did if a policeman had been present,” to which the witness at once answered in the negative. Thereupon the judge remarked, “Your definition of an irresistible impulse must then be an impulse irresistible at all times except when the policeman is present.”

 

RULES OF CROSS-EXAMINATION

           

David Paul Brown, a member of Boston Bar laid down nine “Golden Rules” for the examination of the witness, which are reproduced below:

 

RULE # 1

Except indifferent matters, never take your eyes from that of the witness this is a channel of communication from mind to mind, the loss of which nothing can compensate

RULE # 2

Be not regardless of the voice of the witness, next to the eye this perhaps is the best interpreter of his mind.  The very design to screen conscience from crime the mental reservation of the witness is often manifested in the tone or accent or emphasis of the voice.

RULE # 3

Be mild with the mild; shrewd with the crafty, confiding with the honest, merciful to the young, the frail or the fearful; rough to the ruffian and thunderbolt to the lair.  Being to bear all powers of your mind not that you may shine, but that virtue may triumph, and your client’s case unless you know the witness perfectly well.

RULE # 4

In a criminal case, so long as your case stands well, ask but few questions, and be certain never to ask any, the answer to which, if against you, may destroy your client’s case unless you know the witness perfectly well.

RULE # 5

An equivocal question is almost as much to be avoided and condemned as an equivocal answer.  Singleness of purpose, clearly expressed, is the best trial in the examination of witnesses.

RULE # 6

 If the witness is determined to witty or refractory with you, you had better settled that account with him first or its items will increase with the examination. But be careful not to lose your temper; anger is always either the precursor or evidence of assured defeat in every intellectual treat.

RULE # 7

Like a successful chess-player, fix your mind upon the combinations a relations of the game; partial and temporary success may otherwise end in total and remediless defeat.

RULE # 8

Never undervalue your adversary, but steadily be on your guard; a random below may be just as fatal as though it were directed by the most consummate skill, the negligence of one often cures and render effective the blunders of others.

RULE # 9

 Be respectful to the court and the jury, kind to your colleagues, civil to your antagonists, but never sacrifice the slightest principle of duty to an overweening deference towards either.

 

 

SOME MAXIMS OF CROSS-EXAMINATION

 

Following maxims shall wind up our discussion on the art of cross-examination.

 

NO SUBSTITUTE FOR PREPARATION

 

Plan and re-plan the sequence of your questions.  Every witness should have a cress-examination sheet that includes; what you hope to accomplish, factual building blocks needed to accomplish your goal.  The factual building block must have specific citation to an affidavit, disposition etc.,.

 

WATCH OUT FOR THE JUDGE

 

Do not anger the judge; Make non-responsive objections in accordance with the judge’s prior rulings; if the judge rules in your favour do not seem happy or relieved, and if the judge rules against you do not seem upset or annoyed.

EXERCISE SELF-CONTROL

 

No matter what the witness says, never show surprise at any answer.  You should always appear like the answer that was the answer that you expected; always take a damaging answer as matter of course and let it fall flat.

 

AVOID ASKING ONE QUESTION TOO MANY

 

Never argue during cross-examination.  Lay out the facts and admissions that you need for your argument.  Never attempt to get the witness to agree with your characterization of a certain situations.

 

Never ask any witness to explain anything ever! No attorney should ever utter the words ‘How’ or ‘Why’ on cross-examination.  If you lay out your questions correctly, the facts you elicit will argue for you.

 

DO NOT BE INDIGNANT

 

It is all right for you once in a while to act indigent.  But never be indigent’ Judge Learned Hand.  Never get angry with any witness no matter what they do.  Letting your anger show will only hurt your score on cross-examination.  It much better to proceed calmly and respectfully in establishing how the witness has ‘misbehaved’.

 

CONSIDER TIMING

 

Always look for a high point to end your cross-examination on even if you have not finished.  Of your questions a damaging admission can be better to end on especially in mock trail.  Plan your sequence to put your strongest point last in your examination.  Your final point should be possible for the witness to disagree with (i.e. a direct quote from their affidavit).

 

AVOID FLIP REMARKS AND PETTY POINTS

 

Never make a comment after an answer to a question.  Never say ‘I see…,’ ‘Interesting,’ ‘Hmmm…,’ or ‘Thank You’.  Do not go after trivial inconsistencies that came out on directly.  Only impeach if the contradiction is obvious and important for your case.  Only bring up negative personal characteristics of the witness if it is relevant to your case.

 

STARTLE WITH SILENCE: THE PIN-DROP EFFECT

 

When the witness makes a material admission during cross, stop asking questions for moment to let the answer sink in. After you ask your last cross question; which will hopefully be your strongest point, always pause at least for three seconds before saying ‘no further question’.

 

 

 

 

LISTEN TO DIRECT EXAMINATION

 

Concentrate, focus, total attention! When the opponent witnesses testify, there must be no interplans.  No conferring with co-counsel or clients, minimum note having, no dozing.  We listen for inconsistencies in the witness observations.  Although we have prepared a cross-examination, we must be needy to modify our plans, to add new area, to delete others.

Mastering cross-examination involves psychological insight, legal precision, and tactical restraint. Pakistani jurisprudence recognizes effective cross-examination as pivotal in adjudication.

Reference:

• PLJ 2016 CrC 85
• Abdul Ghafoor v. State (2021 SCMR 345)

 

CONCLUSION:

 

The preparation of the cross-examination must be looked upon as being infinitely more important and the maxim of Napoleon should be born in mind, “When you have resolved to fight a battle, collect your whole force.  Dispense with nothing.  A single battalion sometimes decide the day.”

 

It would be unwise for a soldier to engage in a battle without arms or ammunitions, as for a lawyer to undertake to try a case without having to prepare an excellent cross-examination.

 

 

 

 

 

 

 

 

 

 

 

CHAPTER XI

 

GENERAL CATEGORY OF CLIENTS

                                     

SYNOPSIS

 

1.   Rich and poor clients.                                    6.  Fixating and depending clients. 

2.   Literate and illiterate clients.                         7.   Male and female clients.

3.   Honest and unscrupulous clients.                  8.   Village and city clients.

4.   Cunning and tricky clients.                            9.   Jail birds and court addicts.

5.   Talkative and quiet clients.                          10.  “Village barristers”.

 

1.     Rich and poor clients – Though there are numerous categories of clients, yet, broadly. They may be divided into rich and poor clients. Of course, the cost of litigation does not affect a rich client than what it affects poor ones. The rich client, no doubt, looks for the best talent among the lawyers to conduct his case, which. Is not the option given to poor clients. How at times, it is found in courts of law that even the worst cases, or tough cases of clients, which really need the engagement of senior and most competent lawyers, who could help out the clients far better than the inexperienced ones, yet, the poor clients engaged the junior lawyers due to acute poverty. Of course, in such situation the duty lies on the juniors to handle such cases with best of their ability, and, which. If done well, there is no reason why the juniors, will not handle successfully, their cases in courts of law. Further, when among juniors, there are exceptional juniors as well, who are endowed with talents and devotion and their capability is recognised by the clients.

 

Whether a lawyer, is a junior or a senior, experienced or inexperienced, provided, one has put in the best of efforts and due preparations in the case, one is bound to create such materials in favour of the party engaging him that the court shall have no option but give favourable verdict for his client. 

 

Every case needs a thorough preparation, and once, it is done by the Counsel appearing for a party or for an accused in a Criminal case he is sure to give advantage to his client.  Of course, one difference may remain between a junior and a senior and i.e. of the experienced mind which really goes much in favour of the Senior Counsel.  But even this drawback can be bridged over to an appreciable extent in case the sincere junior, while handling difficult cases, puts in additional labour to look into and closely study some previous recorded cases published in the legal journals containing such issue involved in the present case.

 

A rich client has no such handicaps.  His choice from the very beginning falls on a senior and recognized lawyers and hence to tackle such client’s work in law courts, of course, casts greater responsibilities on the shoulders of senior lawyers.  A rich client is, no doubt, a good pay master and his only ambition is that whatever attention his case requires it should be given to it, whether he himself is present or absent in court, and in no circumstance he should lose the case for want of proper attention by his lawyer, unless on merits his case is discarded by the court.  Of course, he will be totally unaffected by any adverse order or judgment of a lower court as his scope of efforts are as wide as the appellate or revisional stairs of law courts provide, which is, of course, nil in the case of poor clients.

 

Hence, a lawyer, conducting rich client’s case, usually puts in his best efforts, as his own reputation, and a rich clients confidence in him, is involved, though, while conducting cases of even poor clients, no lawyer, worth the name, ever leaves any efforts on his part to see their cases accomplished with success in the law courts.

 

2.         Literate and illiterate clients. – The clients coming to the office of a lawyer to consult or engage him is either literate or illiterate. A literate client is one, who knows much about the details of his case against him since he possesses various documents in his po session the contents of which he has already gone through and understands his case well even before he enters into a lawyer’s chamber. While giving instructions to a lawyer he refers to his papers containing the relevant matters concerning his case and the lawyers in turn takes more interest in his verbal instructions and form an early opinion about the merits of his case. He is thus very helpful to his lawyer in preparation of his case. A literate client, who, in other words, is an educated client, may not be highly educated, puts often queries to his lawyer during the course of engagement, the answers of which, if he gets satisfactory, he makes up his mind and engages him outright. It is the chief trait of the literate client without opening the whole case before the lawyer and without receiving his hopeful replies regarding his prospective success in the court, he will not decide then and there about his final choice or engagement of the lawyer concerned.

 

But all this process is conspicuously absent when a lawyer welcomes an illiterate client charged with some serious offences or crimes or has civil disputes. The illiterate client does not grope in much, but, simply after stating the facts of the case in his knowledge and putting his papers before the lawyer, waits only for a hopeful assurance which if he gets to his mental satisfaction, he expresses out his wish that he should conduct his case and settle the fee. An illiterate client, therefore, looks like a simple client, who, does not bother much about his case like a literate client, but leaves his fate with full confidence in the hands of the lawyer.

 

            A lawyer, therefore, has to be as duty-bound and faithful to his illiterate client and to his work in court as to his literate clients, because, the illiterate one blindly depends on his lawyer’s own efforts which faith the lawyer must conscientiously discharge till the end of the case.  Lawyers’ attachment to the work of their clients, once they are finally engaged, have always been a matter of pride with clients as generally they have been extraordinary duty-conscious towards them and their work in courts of law.

 

3.         Honest and unscrupulous clients. – A lawyer who has put in even a few years of practice at the Bar will not deny that in the conduct of his professional career he has to meet often special categories of clients.  That is why it is said that the study of human nature is one of the greatest lessons which the practice at the Bar teaches one in his career.  The profession of law, often, has been singled out the only profession or a career where different types of human nature are very often to be met and dealt with successfully by a lawyer.  It is not only the contract with different categories clients that the study of human nature widens but also while conducting cases in courts the lawyer has to experience varied types of witnesses who form different classes of their own.  A lawyer, hence, cannot close his eyes to the fundamentals of human nature of which he gets practical experience first from his own clients whose cause he pleads in courts from the day he enters into the profession.

 

An honest client is a normal client who is always a boon for a lawyer to whom he has to be not only faithful but be as courteous as his duties demand. Once the honest client form a good opinion about the lawyer to whom he has entrusted his case for successful conduct in court and the lawyer gives due attention to his work with devotion and sincerity, whether the is won or lost ultimately, the honest client will never blame him but shall value the best efforts his lawyer has put in the case.

 

A lawyer himself feels normal while facing and doing work of a honest client who comes to him and reposes faith in him. An honest client’s appreciation for his lawyer will count much for the lawyer which may pay, him dividends in the form of reputation at his hands.

 

However, an unscrupulous client needs no introduction or any definition with a lawyer of experience, who during the course of his legal career very often meets with such clients, whose ambition is to get his work done and his objective attained whether by fair or foul means. His engagement for a lawyer is not aimed at for putting up his best efforts to conduct and win his case but his case but his objective is to take the aid of his Counsel either to win over the witnesses against him or make such efforts, whether, by hook or by crook, so as to get him success in his case, whatever the short-cuts applied.  Since such a client is always a nuisance for the lawyer the sooner he is disposed of and shown the exit door, the better it is for the lawyer concerned.

 

How a client is discovered as unscrupulous or dishonest will not take much time for any lawyer of even a little standing or for a lawyer of strong common sense.  The clients ulterior motives will be out of his mind only by the way of his initial talks coupled with his facial expressions and behaviour which a lawyer of little experience will never take time to smell out at once.                     

     

An unscrupulous client is in the habit of throwing out some alluring temptations as well but before this eventuality arises the conscientious lawyer should see that he is out of his chamber for all times or till he does not become a normal client.

 

4.         Cunning and tricky clients. – A lawyer’s ingenious brain should not be only alert in court while he is conducting any proceeding but also very often in his own chamber where he has to receive clients specially when cunning and tricky clients or any abnormal client comes to him for consultation and engagements.  Apparently they look like normal or honest clients but in the course of consultations or passing instructions to a lawyer they will make such gestures or talk in such a way which would caution a seasoned lawyer that he was not talking to a normal client.

 

A cunning or tricky client will try to take lawyer’s precious time in discussing the whole matter and taking his opinion, if possible, on the main issues often putting him certain queries for clarification and after receiving all what he wanted he may tell the lawyer to see him again and may fix a fictitious date.  In such situations the lawyer often finds himself in a fix realizing that simply his time was wasted for nothing and that some other important work of his had suffered.  The lawyer thus finds generally that the so-called cunning client takes leave all of a sudden making false promises for the future.

 

However, before this eventuality may arise a lawyer can save himself specially from such clients provided he has already fixed some consultation fee for all clients and which should be intimated to client’s in general before they discuss their briefs with him.  The cunning and the tricky clients will, of course, never be in a position to accede to the terms of consultation fee unless their necessity is genuine and they have not come to waste the lawyer’s time. 

 

By fixing some consultation fee, which a lawyer can forego in special cases of poor and honest clients, he will be avoiding the time-consuming cunning and tricky clients from entering into his chamber.  Any hope of future engagement or coming next day for engagement on their part unless their complete papers are left by them with the lawyer, should not be at all believed by the lawyer as such clients have rarely stood to their words and empty promises remained empty forever.

 

A seasoned lawyer rarely meets and talks to every Tom, Dick and Harry among the clients at the first instance but very often leaves to his juniors to tackle them, and unless his presence is specially needed for consultation or acceptance of the case, the seasoned lawyer does not make appearance before any client.

 

A lawyer’s time whether in court or in chamber, if valued by the lawyer himself, must be valued by his clients accordingly, and the more one has value of his time the more the clients will observe the rule without exception. 

 

5.         Talking and quiet clients. – The chamber of a lawyer is always a meeting place of different types of clients in the course of his practice at the Bar. Variety of human natures come in contact with him and demands his professional services for legal work in courts of law.  The type of talkative and quiet clients also grace his chamber, now and then, either for consultation or for engagement, whom he has to dispose of in regular course.  The talkative client is, of course, an intelligent client whose manners either attract the lawyer’s attention or the lawyer anyhow forms the idea that he should be disposed of at the earliest and must not be allowed to take precious time unless he is in a mood to appreciate him much.  If the talkative client pays due respects to the lawyer occasionally and gives the impression that he has come to engage him for the case talked about and that he was not whiling away his time, the lawyer will, no doubt, hear him patiently and make a reply to his queries when required.

 

Whereas the quiet client looks to be more serious about his case and very often without muttering any words he puts his papers and the concerning file before his lawyer quietly, and asks him directly to take up the case and defend him or prosecute on his behalf, as the case may be.  He only speaks a few words about the facts of the case in his knowledge and unless asked in detail by the lawyer himself, keeps mum mostly.  It is because he has a quite temperament and also owes high respects to the lawyer he is consulting.  The lawyer due to his special trait of quietness and sobriety looks into this file himself, after asking a few relevant questions and gives his opinion about the acceptance of the case.

 

However, the difference between a talkative and a quiet client lies mainly in the fact that the talkative client hears less to his lawyer than he wants that the lawyer should hear him in detail, whereas, a quiet client mainly wants to hear his lawyer than to speak out himself unless his lawyer desires.

           

Of course, under no circumstances, whatever the type of client, a seasoned lawyer welcomes such client and gives his due attention to his case both before and after engagement.  The seasoned lawyer has the insight to read a client’s intention coming to his chamber and if he finds that the client’s intention is not bad, he may allow certain latitude which he thinks proper.

 

6.         Exacting and Depending Clients. – Before a lawyer accepts a brief for pursuing a matter in a court of law his foresight tells him whether he is engaged by the exacting client or a depending client.  Though a devoted lawyer will sacrifice his precious time in preparation of the case in hand after he has received full instructions from the client, yet, the exacting client will visit his chamber more than he is required by the lawyer with a view to go on additionally instructing him even if his lawyer does not require further instruction.  The exacting client, by his nature, is the client, who, even after he has passed on his file/papers and settled and deposited the fee with the lawyer is desirous to see that his lawyer should open the file and prepare the case every time he visits his office.  Perhaps, he has a suspicious nature that unless he is present his lawyer may not do full justice to his case.  Under such circumstances, the gentleman lawyer in order to satisfy his whim’s provided he has spare time opens his file and prepares his case afresh along with him.  The exacting client is, no doubt, unduly serious about his case as very often he has a duplicate file with him and prepares his own case and often jot downs a list questions to be asked to the witnesses on the opposite side which list he places before his lawyer.  Sometimes, his private file is a bulky one, and, it becomes often taxing to a lawyer when he begins referring to the contents of that file to be brought on record of the pending case.  Whether the facts are relevant or irrelevant for the purposes of the present case does not matter at all to him.  On the dates the purposes of the present case does not matter at all to him.  On the dates of hearing too his lawyer does feel a heavy pressure on his mind.

 

Whereas, a lawyer feels quite normal while conducting the case of a depending client who is a true prototype of a quiet client and contrary to the exacting client, in the way that after complete instruction he has given to his lawyer, he implicitly believes in his wisdom and does not bother about himself unnecessarily any more.  He does not prick his lawyer again for taking further instructions unless his lawyer asks him to repeat again.  To do his work is always a pleasure for every lawyer, who for his depending nature puts his heart and soul to his work in court so that his client’s complete dependence on him must be fully justified.

 

Hence, though the work of the exacting and the depending client is done with full zeal and devotion by the lawyer, yet, in the exacting client’s work he feels a kind of continuous mental strain and pressure whereas in case of depending client he strains himself with pleasure without any feeling of fatigue.

 

     

7.       Male and female clients._ The male and female clients, forms a general category under which comes other categories of clients. Since the female clients have certain special characteristics they are required to be treated differently and with more sympathetic and gentler outlook than the male clients. Female or woman clients do not usually figure in courts unless they are made parties or accused of offences along with their male counterparts in cases of Civil, Criminal or revenue in nature or even individually where they are employed as labourers or governed by provisions of wages or industrial Disputes Act, etc.

 

However, the female clients usually picture independently in divorce petitions under Hindu Marriage Act, Special Marriage Act or Muslim Women Dissolution of Marriage Act etc. and also under cases of maintenance under section 125 of the code of criminal procedure or where they are involved in serious criminal cases like 302, I. P. C. for causing murders of their husbands or in rape and abduction cases where they figure as prosecutrix or victims or molestation or assault. Where the female clients come specially in picture and their matters are directly dealt with by the courts of Civil or criminal in nature, their cases require special attention of lawyers engaged on their behalf and thus they require special treatments at the hands of their lawyers.

 

These woman clients either belong to literate or illiterate classes, and sometimes highly educated, who require lawyer’s services for court’s work. Besides, every decorum which, the lawyer maintains in their dealings with them, they require lawyer’s keen attention on their cases and often with concessional outlook in matters of fees and court expenses if they are not earning members themselves.

 

The specialty of the female clients, are that, they, as a class, are devoted clients because they take their work in courts more seriously and tenaciously than their male counterparts. When they come to contest a case they spare no efforts in being faithful to their lawyer as they implicitly rely on them and provide them all instructions which their lawyers require for successful conduct of their cases. They are punctual in their attendance in chambers and in courts and are duty-conscious towards other obligations to the Counsel’s engagement.

 

They are, of course, sentimental clients and often in divorce petitions they begin to tell tales of their woes and acute sufferings to their counsels with tears and pathos in their eyes and thus gain special sympathy from lawyers.

 

The lawyers who deal with their cases in courts do take lot of precautions not to miss any relevant instructions given by them and leave no efforts in successful conduct of their cases in courts.

 

Like male clients they never act carelessly on any issue and are faithful to their commitments to lawyers and give them no cause of dissatisfaction or annoyance in the matters of their case work. The male clients, of course, often lag behind in regard to complete faithfulness to their lawyers in compare- son to their counterparts when they take the strings of their personal cases in their own hands.

 

Even in winning or losing of a case of female client in court of law, a lawyer is found to be more concerned because of her attachment to her personal case and lawyers in general are found under the circumstances, to renovate their efforts for their success in the higher courts.

 

8.         Village and city clients. – The general classification of clients can well be made again in village and city clients like male and female clients.  They have, no doubt, certain special characteristics separately which are commonly felt by lawyers in general, which, of course, caution them to mould their behaviour accordingly to suit the convenience of each.  Since more than eighty percent of the population of India resides in villages or townships, the volume of clients coming from village far exceeds the volume which cities provide.  Further, due to growth of vast industrial and business classes after the attainment of independence specially in cities and its vicinities, various enactments or laws besides old ones have come into force governing Labour Courts, Industrial Tribunals, Income Tax, Sales Tax, Rent Control and Eviction Act, Motor Vehicle Act cases etc., and some new types of works have arisen which are mostly looked into by specialized lawyers in these branches.  The cases under these Acts or other allied Acts mainly govern the business, labour or landed property holders living in the cities and hence the lawyers conducting their cases do experience not only differently, but, find often vast changes in the mentality of the city and the village clients.

 

Of course, the volume of crimes committed in villages as well as civil disputes or landed disputes pertaining to revenue matters mostly concentrate among the village clients as they have to depend mostly on landed property as their livelihood, and, hence, are unusually particular about their property rights and thus now and then so many claimants come up to establish their civil rights in courts, and hence make the property as the bone of contention in all such disputes.  Very often the property matters cause some to commit heinous crimes like murders, dacoities, dacoities with murders, arson, robbery etc., besides other criminal offences with which the law courts are usually flooded everywhere.

 

These cases, mostly, are governed by the Indian Penal Code, and allied penal and civil laws based on long procedures under the Code of Criminal Procedure, the Code of Civil Procedure and Revenue Court Manual etc.  However, such cases governed by the aforesaid provisions do also crop up in cities but their volume is not so staggering as in villages. 

 

Of course, a lawyer practicing on any special branch has to deal with clients of his branch mainly and his experience mostly confine to the category of clients he deals with unless he practices generally in all or many branches of law.  If his work mainly concentrates on Labour, Industrial, Factories, Income Tax, Sales Tax, Rent Control & Eviction Act or Motor Vehicle Act matters his experience will mainly confine to the city clients belonging to business or labour communities which is quite different from those who practice exclusively on the criminal or civil or Revenue sides when they are expected to deal with majority of village clients than that of city as aforesaid. 

 

A village client mostly leaves his fate in the hands of his lawyer, but the city client, who, is more worldly wise, shrewd and intelligent enough is rather keener of his success in courts and hence very often becomes exacting on his lawyer.  The village clients, leaving a few exceptions aside unlike city clients, are not so shrewd and once they engage any lawyer they do not change quickly their minds unless they are not satisfied by their previous engagements.  Hence, under no circumstance, the village clients should be allowed to experience a lesser treatment from the hands of a lawyer than the city ones and their work should not suffer from any step-motherly treatment by the lawyer.

 

However, both the village and the city clients require whole-hearted devotion of their lawyers for their causes in their hands and any sincerity of purpose on the lawyer’s part will give him greater publicity of their achievements with village clients than that of city clients.

 

Even if the nature of work is the same, there is definitely a marked difference between a village client and a city client as the city client while residing closer to his lawyer in the city very often becomes exacting in his work which is less expected of a distant village client.

 

Further, often in cities some special natures of crimes are committed due to much political and religious influence wrapping over the cities like communal riots, arson, looting of shops and other political crimes, as anti-social activities are more prevalent in cities than in villages, and hence, they are constantly dept in vigil by the law and order enforcing authorities. 

           

Hence, whatever, the lawyer’s own experience in this regard, he has, of course, to maintain the complete equilibrium in his behaviour and sense of duty towards both the village and city clients alike, and should not discriminate in any way due to certain inherent differences in outlook or mental standard of village and city clients.

 

9.         Jail birds and court – Addicts. – A Criminal lawyer’s experience, no doubt, far exceeds in the legal experience, no doubt, far exceeds in the legal profession as he has very often to meet with and face varied criminal natures, as clients in his Chamber.  Criminal law and its practice at the Bar, of course, paves the way for a criminal lawyer, often to tackle the cases of even degraded human natures with which the police and the Administrative authorities generally deal with coercively to maintain law and order problems in the society.

 

The jail-birds, as it apparently denotes seem to have their next abodes in jails where they frequently visit and stay for short or long periods and then come out only to stay for short periods.  They are exceptional type of clients, well adept in breaking the penal laws of the land time and again, when they are hauled up by the police and put behind bars, and on acquittal or conviction as the case may be, they come out after serving the sentence and then again commit crimes and are sent back to jails.  The jail-birds, who, learn by heart many provisions of the penal code, are often found to advise the co-prisoners or those undergoing trial in courts what their criminal natures can think better in their interest.

 

The jail-bird, when out of jail, often comes to lawyer’s chamber either for himself or for his well-wishers involved in some other criminal case and thus tries to influence the concerning lawyer to take up his case on the term he chooses.  Often the situation arises that the concerning lawyer has not to accept on the terms chosen by the jail bird.  If the lawyer finds the case a good one or it can find good response in a court of law, he often modifies his terms and conditions and accepts the brief.  But, if it is otherwise, and he finds that he cannot do the work on the terms laid by a jail-bird, he takes leave of his case and does not accept any engagement.  A senior counsel under such circumstances will not like to play in the hands of a jail-bird client and will never accede to any influence or even request where he finds that under the circumstances he cannot do full justice to the case.

           

Similar is the case with court-addicts who like lawyers, clerks, typists or court employees are habitual court-visitors either in the shape of clients or professional witnesses in court proceedings.  Being court-addicts, such clients try to become friendly with lawyers, belonging to their vicinity, and, they often exercise certain influence on those with lawyers, belonging to their vicinity, and, they often exercise certain influence on those with whom they try to become friendly.   They rarely resort to the legal services of reputed lawyers, who, besides their high standard, charge exorbitant fees for their services in courts.  These court-addicts often try to aim at short-cuts in their cases and try to get their cases conducted on nominal fees as they are mostly short of money to engage senior and reputed counsels.

 

The lawyers of standing generally avoid taking up their cases unless their engagement is finalized on handsome and lucrative terms, which though rare, yet possible where they are involved either in serious crimes or claims of their huge property matter are at stake in civil or revenue courts.

 

10.       “Village Barristers”. – The lawyers, everywhere, are often found to refer to a class of clients and colloquially name them as ‘Village Barristers’, which, of course, form a category of their own.  They are usually the persons who have some inherent interest in matters pending in courts or matters getting ripe for being taken to courts for decision.  The “Village Barristers” are the so-called “jack of all trade; and master of none” personalities and very often give their services to prospective litigants of their vicinity, who are bound for court proceedings to settle their disputes, without any apparent reward to themselves.  These “village barristers” mostly solve their personal problem, if any, outside the court, but in matters of others they always prefer that they must tap the doors of courts so that they should themselves accompany one party or the other and enjoy their trips to courts at the expense of the prospective litigants. 

 

Very often, such “village barristers” join the real litigants and come to the chamber of a lawyer to consult and engage him.  It is often easy for a lawyer of experience to quickly discern, whether the client is associated with a so-called “village barrister” or not.  If his presence is there a lawyer shall conclude that the client would be guided by the advice of the “village barrister,” and, if he is convinced then his engagement would be final.  Often, the lawyer will come to understand that the accompanying “village barrister” will give the litigant a long round of different chambers of lawyers before one’s engagement is finalized, provided the time consumed in their consultation do not hit the period of limitation involved in the case, if a new case is to be launched.  However, the concerning lawyer is the best Judge under the circumstances as he may cut-short the long process of consultation and if convinced about his engagement, he may give further time to such clients.

 

Of course, the “village barrister” somehow rules and influence the psychology of the accompanying litigant to such length that he cannot form any decision of his own in regard to any engagement of a Counsel, but at the advice of the “village barrister” alone, who if tackled well by the consulted lawyer, his engagement would be final, otherwise, all the time devoted in consultation would be a colossal waste of time of the honourable lawyer.

 

Clients vary from laypersons to corporations, each requiring a tailored approach. Understanding their background, expectations, and pressures improves client-lawyer relations.

Reference:

• Ghulam Murtaza v. Advocate General Punjab (2022 YLR 310)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHAPTER XII

 

 

WHOM CLIENTS PREFER MOST?

SYNOPSIS

 

 1.     Hard working lawyer.                                    6.    Punctual lawyer.

 2.     Sweet tempered lawyer.                                 7.   Lawyer commanding respect.          

 3.     Duty-conscious lawyer.                                 8.    Unruffled lawyer.   

 4.     Sympathetic lawyer.                                      9.     Lawyer above suspicion.

 5.     Concessional lawyer.                                    10.    Lawyer’s honest clerks.

        

 

1. Hard working lawyer.  Once a client engages a lawyer and hands over his case to him for successful conduct in the court a lawyer- client relationship is formed and the client becomes entitled to visit his chambers off and on in correction with the preparing on hearing of his case. As such, the more he visits his lawyer’s office or the more he comes in touch with him and his working, he unconsciously beings to study so many things and his mind begin s to appreciate and form conclusions accordingly.

If the client finds in most of his visits that his lawyer is busy at his table with preparation of cases in hand and devoting long hours either in discussions of cases or study of laws and case-laws all this create an impression in him, so favourably, of his lawyer that he concludes that his choice has fallen on right lawyer who will be devoted to his case in the same way as he is devoting on others.

 

In other words, the hardworking lawyer always leaves a lasting impression on client’s mind. His faith in him develops and his attractions for him become deeper in his mind.

 

A hard working lawyer creates a reputation of his own and the client who comes to consult him for engaging him has somewhat pre-knowledge of the fact that the lawyer whom he is going to entrust his case will spare no efforts to see that he gives him the very results which he wants. If the client is involved in a criminal case of serious nature he becomes pre-confident that the lawyer in whom he has reposed his faith will see him acquitted by putting in his best talents in the trial court. If he has a civil nature of case or a case of any other branch, the client’s advance faith in him will draw the client towards the lawyer. Such is the reward to every hard working lawyer, whatever the nature of the case, and such is the mental set up of every client, whatever his category, that his mind will invariably be attracted to his fundamental quality in a lawyer. Nay the hard working attitude has been the stepping stone to success in every field of life, what to say of law alone. The doors of success in law if ever opened, one after another, was to a hard working lawyer alone. The first and the foremost condition to win any case in a law court is to put in complete devotion and hard work even more than what the case requires. How can it be hidden from the view of a sincere client who runs for a sincere lawyer alone?

 

2. Sweet-tempered lawyer. It will not be out of place to interpret here that parallel to the tongue, the taste of the mind also exists. If the sweetness is welcome in our eatables, it rather far exceeds in value, in our actions. How sweetness of the mind or the sweetness of thoughts work wonders in social behaviors of a man, is not hidden even to a ruffian. A man who is sweet-tempered, whatever his handicaps has always a place in a society; and, very often the achievements of life which become a cry for the moon for even capable persons, become approachable to persons of sweet-tempered, is a matter of common experience. To see humour in various odds, and vicissitudes of like makes a man sweet-tempered in life.

 

A sweet-tempered lawyer, thus, has a special advantage over the litigant world than those who possess other qualities of a successful lawyer and lack in this conspicuously.  A sweet behaviour of a lawyer casts such favourable impressions, whether with as client or court, that things which look going against at the outset miraculously take a favourable turn and the purpose of the lawyer is achieved.  All this does not go unnoticed by the keen insight of clients, in general, and his clients in particular, who is present in the court during his case proceedings.

 

How to inculcate the quality of sweet-temperedness is neither a problem nor unknown to any aspirant, provided, he has a will to beautify his temperament like a painter who beautifies his model with the doses of sweetness.  A lawyer, who has an ambition, and a driving will to think in this regard, there is no reason why he would not contribute to this indispensable virtue in his temperament and a valuable feather to his cap of achievements.

 

 There cannot be two opinions that very often the lonely quality of sweet-temperedness in a lawyer may stand him above many of his colleagues even in situation, from where to wriggle out, successfully, is not an easy job.  This is one of the superb human quality in a lawyer, which he can cash on any counter of life, what to say in law with clients or courts.  This quality cannot be dispensed with by a lawyer, but, at the cost of client’s work and one’s personal reputation at the Bar.  The importance of sweet-temperedness cannot be exaggerated whether in life or in law.  It, of course, requires special attention of a lawyer to add this quality to his professional career, which even if acquired by practice, the true dividends of it will be reared not by the lawyer alone till his career at the Bar, but in equal measure by his clients as well as in their court work.

 

3. Duty-conscious lawyer. A client, whether from village or from city, has enough sense to understand whether his lawyer is duty-conscious or not.  Duty-consciousness is the quality, which, a lawyer, who, takes to his professional career seriously, is associated with ‘Devotion’, which in other words mean the concentration of the mind in the work in hand.  A duty-conscious lawyer is invariably in demand, mostly by the literate client world, in any field of law.

 

Devotion of a lawyer does not confine only to the cases in hand but it includes the study in a particular field which the lawyer has made as its citadel.  Of course, the duty-conscious lawyer, once his engagement is final, sticks to the preparation of that case on facts and laws with such tenacity that he leaves no efforts from his side to win the case of his clients on merits by all legal means.  Whether the client is present or not, he takes up the particular file at his leisure which requires his further attention and goes on making his preparations, in view of the instructions already received from his client, and till he is not fully satisfied, taking down special notes, here or there, he does not leave the file may it involve a few such sittings on his part.  He never shirks from devoting such time, not only in the interest of his client, but, also to satisfy his own duty-conscious nature which singles him out from others.  No deviation from the duty is possible at his hands because he is, over all, a conscientious lawyer.  Unless, he finds himself fully responsive to the case against his client he is the last person to enter in a court of law and begin to plead the cause.  Actually, the cause, which he goes to plead and win in courts, is already won in his duty-conscious mind by his thorough preparation.  Unpreparedness or half-hearted preparation of any case, in his hand, is alien to his sharp nature because he is true to himself, true to any work undertaken by him, and true to the court where he makes appearance for his client as self-respect is first clause of his personal ethical code. 

 

4. Sympathetic Lawyer.  A client is, somewhat, under a mental strain when he has to face a court for any of the legal remedies whether in civil, criminal, revenue or any other branch of law.  To minimize this mental strain or tension and to win his cause in the court of law he needs the services of a competent lawyer who tries to extricate him out from the problems hovering on his mind or have encircled his circumstances and provides his legal aid to him to obtain favourable results in a court of law.  This is the mental state which, grips a client’s mind, in the ordinary course, when he leaves his home to engage his legal benefactor-his lawyer.

 

To this extent the client may be termed, a patient of mental tension and the tension is to be lowered and removed, as much as possible, by the engagement of a proper lawyer.  The lawyer, who, takes up his case with full confidence to do his best, does lower his tension to a sizeable measure.  Of course, the client, under such circumstances, should be shown sympathetic outlook from the outset so that the client should realize it in his state of tension.  This sympathetic behaviour, by the consulting lawyer, can be best shown if he gently enquires from him the details of the case or receives instructions and even shows appreciation of his past conducts, if any, where he had exercised exemplary patience or charitable outlook for his opponents.  He should take pains not to criticize him openly or speak harsh words to him for any slackness on his part which has even aggravated his problems at his own hands.

 

Any sympathetic treatment by the lawyer, at the outset, no less than what a good doctor does to his patient, will really make a place in the heart of his client, and its reward may be felt, then and there, first in the form of his quick engagement in the case, and then in ways more than one.

 

5. Concessional Lawyer. How often, it is experienced in a lawyer’s chamber that on coming of a new client and hearing him in detail about the concerning case when the client makes up his mind to engage the lawyer, the question of lawyer’s fee coupled with miscellaneous expenses comes in the way.  The client shows his intense desire to engage the lawyer but on a concessional fee as his pocket does not allow the lucrative fee as desired by the lawyer.  When the prayer of concessional fee is made by the client, more than once, then it does clearly show that the client is not in a position to retain the lawyer’s services on the fee claimed.  Now the only option for the lawyer is whether he should let go the client and ask him to engage somebody else or he should show sympathetic outlook and cut down the size of his fee to the convenience of his client.  Of course, despite his strict principles in the matter of fee, if he comes down to the terms of his client or make modifications in his fee so as to accommodate him, thus making considerations for his poor circumstances, and his ardent desire to engage him and nobody else, no doubt, he will be doing a great service to the legal profession in general and his client in particular.

 

The professional career of a lawyer is such, that in one’s long duration of practice at the Bar, one has to come across certain types of clients, who are nabbed in the net of laws, under special circumstances of life, and when it comes to fight for one’s legal rights or claims or save himself form false criminal charge, the client finds that his pecuniary circumstances are so hopeless that, in spite of his esteem for the talented lawyers, he cannot afford to hire their valued services.  Under such circumstances, if the lawyer takes the discretion of lowering his fee in the service of a client or clients in this poor country of ours, where, millions do not get two-times meals a day he would be, of course, doing laudable service to the litigant world.

 

Under no circumstances, a lawyer should enhance the fee already settled if the work load in a particular case is enhanced by no fault of the client concerned.  To this effect a sound warning has been given in matter of fee in an old case Brojendranath v. Luckhimoni, wherein it was held that once the fee was settled and engagement made it was not honourable for a lawyer to revise or increase the remuneration subsequently.  So subsequent variation could be made on the basis that the work was heavy which could not be foreseen.  Nothing more should be demanded nor accepted by the advocate.  No respectful counsel should accept a present from the grateful client because of favourable result in his litigation.  A present should be declined except in very exceptional circumstances.

 

When the system of legal aid is catching the attention of our Government and the judiciary then making some concessions in the fee to suit the convenience of the poor will be highly laudable. 

 

Shri M.K. Nawaz in his learned Article “Prospects of Legal Aid” observes:

 

“The twin objectives of legal aid apparently are, the knowledge of law among the indigent and, secondly, to provide them equal access to courts.  The rule of equality before the law and equal protection of laws would only remain constitutional shibboleth if a person cannot secure legal protection, because he is poor.  So conceived, legal aid becomes an integral part of the war on poverty.  No society can remain half-poor and half-rich any more than a nation can remain half-slave and half-free.  Islands of prosperity cannot survive in an ocean of poverty.  Legal aid offers a challenging opportunity to a society to redress grievances of the poor and thereby lay the foundations of an endurable rule of law.  We cannot, for sure, build a foundation of rule of law on mass ignorance of law.”

 

6. A Punctual Lawyer.  A punctual lawyer is invariably a duty-conscious lawyer.  If a lawyer lacks in the quality of duty consciousness he will be hardly punctual in Courts and will not be available to his clients when they require him most.  A punctual lawyer is conscious enough to be present in the vicinity of courts, if not, in the court itself, where his clients would easily search him out and he will lose no time in reaching the court when a client’s case is called out.

 

Another special trait of a punctual lawyer is that he never  goes into a court unprepared, like a duty conscious lawyer, in any case in hand nor he will try to apply for adjournment on personal round, unless special circumstances crop up beyond his control. A punctual lawyer is always an asset for his client and his presence is appreciated by the court because he does not keep the court waiting at all.

 

A client, who is forced to run after his counsel in his search, here or there or in other courts or even at his house, in rare cases, when the case is called out in the court, is deeply distressed in his mind till his counsel is not located and comes in court.  Besides other tensions, it causes adverse effect on his mind and his mental peace goes off, when in fact he has engaged hiss counsel of his choice to be present in court to conduct his case. Very often, a bolt from the blue is added to his worries when he returns to court only to find that his civil case is either decided ex-parte or his criminal complaint is dismissed in default due to his being out form the Court.

 

No honourable lawyer will ever create such a situation for his client which will harass him for nothing, and, in addition to all, will cast serious reflections against him by his client or other on lookers, what to say of courts.

 

A punctual lawyer is above all this.  He does not play with his time of work nor plays with the court’s time.  He never thinks, even in dream, to see his client roaming from one place to another in his search.  His client sitting in the court’s campus will know, even before, where his counsel will meet him if his case is called out by the court.  In case, the punctual lawyer finds, that, he will be held up in a particular court for long, he will make arrangements to send information in other courts, much in advance, and inform the clients accordingly that their cases will be taken up only when they come in court, otherwise not.

 

As such the punctual lawyer will never be playing with the client’s work in court at any cost.  Punctuality thus forms an importance of which equally effects the lawyer himself, the clients, and the courts concerned.  To be guilty of unpunctuality will be a slur on his reputation which he can never attribute to his character.  He knows that in court’s work unpunctuality has been fatal at times and what professional citadel has been made in years of hard work the demon of unpunctuality raises it to the ground.   

 

7. Lawyer commanding respects. Commanding high respects in the eyes of courts, by a lawyer, is a gradual process in his career at the bar. A reputed lawyer, an unruffled lawyer, a hard working lawyer are a few examples who usually command high respects not only in the eyes of the courts, but, also in the eyes of their colleagues, as well as of clients in general. They build up this personality by and by through their devotion to legal erudition any many inherent qualities, which, when publicly recognized they begin to east fluence in the eyes of courts as well.

 

A lawyer, who, commands respects is not hidden to the client-world as no client moves about in search of a reputed lawyer for his case, unless, he has heard about his reputation or has personally seen him talentedly working which has mentally impressed him much.  A lawyer’s reputation, built up on his merits, cannot be hidden in the circle he works, moves or appears as a lawyer.  It is just like an open card to be seen by all. It is because this reputation of a lawyer of commanding respects, is mainly, built up in the open atmosphere of law court, and hence, it is always remains open to the public view, of course, the courts of law, as a routine give due regards to each and every member of the Bar, who makes his appearance in their courts, yet, in cases of reputed lawyers or the senior recognized members of the Bar, they go a few steps further, in giving audience to them, as the strong Bar has always been an asset to the Bench in the legal profession.

 

The client, who while looking for engagements of their saviours in courts, try to search out such personalities only from the Bar who, in spite of all their achievements of the past, are looked with honour and whose sheer appearance in cases is duly respected by the courts.

 

A respectful lawyer is devoted lawyer to his client, and, is universally in demand by the clients of that branch where he matchlessly holds a reputation of a successful lawyer.  All this culminates in giving a super status to him in the profession, and hence, a most deserving claimant of some special treatment, call it a V.I.P treatment, at the hands of the honourable courts.  The practical example of these personalities is not at a distance from any lawyer, as, no strong Bar is devoid of such personalities at any time whose fragrance was not felt by all.

 

Clients, therefore, finalizing their engagements in their cases become hopeful and sanguine of the fact that their cases will not only be conducted by the best hands, but also, their interest in courts are safe in the hands of such lawyers.

 

8. Unruffled Lawyer. To have unruffled mind is to have superb mind.  Hence, an unruffled lawyer is not only a boon to the profession of law, but also a boon to his family members and acquaintances.  A common mind is mostly swept away by his feelings and circumstances of life which heightens his emotions to such an extent that he may go either way to extremes in his actions.  Good circumstances make him happy at once and the bad ones immediately throw him out of gear.  This is the helpless nature of a common mind of a common mind of a common man.  How a common man’s outlook towards money and property is a matter of gross attachment and a little set back in personal losses, whether at the hands of his closest relations in life or from outsiders, totally unnerve him to such an extent that his mental balance comes deep downwards; often behaving as an arch litigant in a Civil Court or taking law in his own hands and committing worse crimes of life. But this is never the state of an unruffled mind, which though rare to find yet, the mighty earth is not short of them.

 

A lawyer, cannot acquire the quality of an unruffled mind unless in private life he is not an unruffled man.  Hence, to be an unruffled lawyer is to be unruffled at home where one is obliged to experience all sorts of ups and downs. The career of law is such that one cannot expect the constant equilibrium in flow of clients, flow of case work, flow of success or flow of reputation without a break. As nature is not static and season changes one after another, summer is followed by rainy season and rainy season is followed by winter so in the profession of law a lawyer’s success and reputation, his professional demand or professional income move like a pendulum from time to time. They go up and down in one’s professional career and no unruffled lawyer likes to take much notice of them. He believes that the pendulum of success or failure must move on and it cannot remain stagnant. It must go on moving like good or bad times.  If one’s mind takes undue notice and care of the professional ups and downs, he is bound to be ruffled in his professional behaviour. But if he keeps his mind totally unaffected, admitting the truth of natural phenomenon of ups and downs attached to any independent career in life which, by no means, one can stop happening, he will, by all means, remain unruffled. This is the very quality which every unruffled lawyer possesses deep into his mind much before any possible set back forces him in his professional career, which, of course, singles him out from the crowd of lawyers.

 

9. Lawyer above suspicion. Thanks to the legal profession that the lawyers have been generally above suspicion and cases have been very rare that once the lawyers had accepted briefs of a client nothing could deviate them from their duty and never they turned their sides. Only in exceptions, some infringement of duty occurred by a few on finger tips when their dereliction was governed by the provisions of Section 126 of the Indian Evidence Act or by Bar Council Rules. Section 126 of the Evidence Act leaving aside its illustrations, provides as follows:

 

“126. Professional Communications. – No barrister, attorney, pleader or vakil, shall at any time be permitted, unless with his clients express consent to disclose any communication made to him in the course and for the purpose of his employment as such barrister, pleader, attorney, or vakil, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional employment or to disclose any advice given by him to his client in the course and for the purpose of such employment.

 

            Provided that nothing in this section shall protect from disclosure. 

 

            (1) any communication made in furtherance of any illegal purpose,

 

(2) any fact observed by any barrister, pleader, attorney or vakil, in the course     of his employment as such showing that any crime or fraud has been committed since the commencement of his employment.

 

It is immaterial whether the attention of such barrister, pleader, attorney, or vakil was or was not directed to such fact by or on behalf of his client.

 

Explanation.-The obligation stated in the section continues after the employment has ceased.”                

 

By Section 127 of the Evidence Act the provisions of Section 126, also apply to the interpreters, and the Clerks or servants of Barristers, Pleaders, Attorneys and vakils.

 

However, no lawyer of conscience ever is found guilty of any professional misconduct or dereliction of any duty as he never commits any breach of the bond of faith between him and his client.  Lawyers, in general, have strictly adhered to their onerous duties which they owe to their clients and their work and always try to stand true to the faith the clients have reposed in them.

 

Yet, the less intelligent clients or the clients who suffer from suspicious nature have been often found often misunderstanding their lawyer’s openness and familiarity in behaviour with opposite counsels during the proceedings of a case or afterwards or with the opposite parties, who happen to call on them, though very rarely, in some other connection.  However, a conscientious lawyer takes all due precautions never to meet the opposite parties of his clients during the pendency of their cases under any circumstance, whatsoever, in the interest of his clients.

 

The conscientious lawyer, is above any suspicion and even the suspicious client’s causes remain sage in his hands as nothing can divulge from him or his office to the other side under any circumstance.

 

Once a conscientious lawyer accepts any brief from a client he not only becomes the custodian of his client’s causes, but, also makes all efforts to see them successful in courts on which depends his further reputation in his professional field. Lawyers as a body are utterly faithful to clients and their causes in their hands. They, as a class, cannot tolerate any injustice with their clients specially in courts.

Clients prefer lawyers who communicate clearly, are accessible, and maintain case confidentiality. The emotional and financial stakes for clients demand compassionate professionalism.

10. Lawyer’s honest clerks.  A lawyer’s general reputation very often binds him with the personal staff he keeps. The staff of a lawyer mainly constitutes of his clerks who often play active roles as they keep his files up-to-date on regular dates along with performance of other miscellaneous work concerning the clients, which, of course, they have to do as their duty. A busy lawyer, no doubt, cannot do without a competent clerk or clerks whom the clients very often take into confidence directly in order to make appointments with counsels for engagement in their work. The importance of good clerks cannot be minimized as lot of miscellaneous work attached to every case form office to courts; the clerks have to perform day to day.  Though a senior counsel is very often assisted by his juniors, both in office and courts, yet the lawyer depends wholly on his clerks in matters of file preparations and certified copies of court records concerning every case.

 

The clients, after engaging the counsels, have to deal directly with the concerning clerks when they ask them to deposit the fees and the files and also to deposit certain miscellaneous expenses to be incurred in collecting the papers or certified copies of certain documents relevant to their cases as suggested by their lawyers. To this the clients readily agree so that their counsel should not feel handicapped in any way during the preparation or conduct of the cases.

 

If the clerk is duty conscious, as he ought to be, and also obliging by nature, he will not unnecessarily tax the new clients or harass them in any way on frivolous court expenses, but, if he is otherwise, the clients may have to face a lot of trouble and harassment, which he may rarely intimate the counsel, being a normal client.  Besides this often a harassing clerk calls him at intervals only in connection with preparation of file etc., which could be done only in the first visit thus saving his unnecessary expenses.

 

However, where the counsels have already given special instructions to clerks that clients should not be troubled in the least and their conveniences must be placed at the top, the clients do feel much relieved and saved from lot of mental botherations from bullying Clerks. Where the Clerk is, by nature, already sympathetic and reasonable, there is no necessity of his lawyer’s intervention as things already run smoothly there.

 

The clerk, therefore, very often, adds to all round reputation of his lawyer, only, if he tries to be as helpful to clients as he could, which would, no doubt, create homeliness among the clients and redouble their confidence in the lawyer.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHAPTER XIII

Whom Client Generally Avoid?

S Y N O P S I S

                

1.         Mercenary lawyer.                                          6.         Evasive lawyer.

2.         Hot tempered lawyer.                                     7.         Criticizing lawyer.

3.         Unsober lawyer.                                              8.         Abusive lawyer.

4.         Hasty lawyer.                                                  9.         Timid lawyer.

5.         Quarrel-some lawyer.                                     10.       Shabby lawyer.

 

1.Mercenary lawyer. A client, even if he is an illiterate or a downright villager, has the common sense to understand whether his choice has fallen on a lawyer who is attached more to his work or to his money.  In his initial meetings with his counsel, he is in a position to form an impression about the service or the mercenary attitude of his counsel.  Of course, the lawyers are generally devoid of mercenary attitude in the profession as whatever is settled comes to them only as a legal remuneration.  Their first attention is on the work, the success in which creates their reputation.  No client ever likes the pure mercenary attitude of his counsel as the idea is not only repulsive but also alien to any lawyer of conscience.  No conscientious lawyer ever gives any impression of mercenary attitude to any client whatsoever.  Once his fee is settled and deposited he should not cast additional burden on the clients shoulders.  Even if additional expenses are required by the clerk of the Counsel the lawyer usually likes to the convenience of the clients.  If the client is not in a position to meet such expenses, he should be asked to do it at his earliest convenience, which is usually done by a duty-conscious lawyer.

 

Nay, a client’s convenience should be looked into at all times and he should never be allowed to feel that he is unnecessarily taxed by the clerk or the staff of the lawyer.  Once he will form a good and honest impression of the lawyer engaged he is bound to be sure that his work will be safe in the hands of his lawyer. A good impression always counts much and as such no controversy about court expenses should be allowed to come in between the client’s work and the lawyer. Money is never the main consideration for a lawyer of conscience as it is always a secondary affair.  Once the attitude of a lawyer is known to his client he will not only redouble his faith in him but also will depend on him without any reservation.

 

2. Hot tempered lawyer. A hot tempered lawyer is, of course, un-common in the legal profession at any grade of practice, whether, practicing in the lower courts or the higher courts. A lawyer, who, is given to hot-temperedness in personal life may naturally be the same in the professional life. Any habit formed in one’s general behaviour cannot escape in the career at the Bar. How the qualities or disqualities, chiefly attached to one, day and night at home, in relation to his dear ones or to himself, can leave him when he plays the role of an advocate.  Invariably any habits of temperament specially reflect in professional life with tenacity or vengeance where one has to meet mostly with clients or strangers.

 

A hot tempered lawyer often excites suppressed laughter of one’s close associates in the profession when they find him showering volleys of hot works on clients causing some mistakes or blunders in courts or otherwise or during examining witnesses before producing them in other words, impatient nature or intolerance for certain conduct, which though commonly tolerated or by-passed by others, yet, not by the hot-tempered lawyer.

 

Ill-temperedness in a person is a serious draw-back in his personality and no less than in a lawyer. Any bad tempered behaviour with clients is always the outcome of lack in tact on the part of a lawyer. A bad temper in a lawyer is never welcome by any of his colleagues, what to say of clients, or courts. A bad tempered lawyer loses even a best case of his client in a court of law as his presence is never welcome, with due respects, in any court who has had the experience of his outbursts previously.

 

A bad tempered person or a lawyer may be very good at heart, but he always creates troubles for himself, for his client or for anybody who depends on him. Bad temperedness creates trouble for nothing and very often it brings storm in a tea cup in human behaviours and so is true of a lawyer.

 

An example will not be out of place here for our benefit. How a late eye-witness Advocate, personally known to the author described an anecdote of the last twenties of this century, happened at Luck now, about a late topper of the appellate side of the then Chief Court of Oudh to whom an Advocate from outstation came to engage in a murder appeal. The appellate lawyer, who was busy then in preparation of another murder appeal, called in the concerned. Advocate in his office, took the judgment of the lower court, turned a few pages here and there, and put to the outstation Advocate only five questions asking every time, “Did you ask this in cross-examination of the complainant or an eye-witness”  and the reply came every time, “No”.  by the time the fifth denial came the appellate lawyer’s face became red and then he threw the judgment at once on the ground bursting:  “Then what hell did you ask the witnesses in cross-examination”. The outstation Advocate morosely collected the judgment from the ground and went out of the office to the dismay of others including the late eyewitness advocate whose criminal appeal was being prepared for arguments.

 

What is this, if not the hot-temperedness, on the part of the appellate lawyer.  A lawyer, whatever his other achievements or position in law must eschew any aggravated form of hot-temperedness, especially in his initial stages at the Bar, if he wants to retain his name as a lawyer of repute.

 

Hot-temperedness is, of course, very injurious at the early stages of one’s career in law, when it can mar one’s ambitions to become a successful lawyer, though among the toppers or the outstanding personalities of lawyers, it can be swallowed to a great extent where his services seem to be indispensable for clients because of his matchless and forensic ability as a lawyer-when the clients flow towards him despite his any temperamental weaknesses.

 

A lawyer of this leaving mentality is often found cut off from the circle of his colleagues, and the clients, in general, lose faith in him and his capacity of winning their causes in courts of law.  The clients, actually require true legal aids when they come to engage lawyers, and not those, who spoil the very atmosphere through which any legal battle is to be won in a law court.

 

3.Unsober lawyer. Sobriety, coupled with alert mind, is one of the chief qualities of a successful lawyer.  A sober personality is not a stiff-necked personality, but a personality who takes his job in all seriousness.  A lawyer of sobriety may be a most humorous at leisure and friendly with all but on the table during preparation of the client’s case and its conduct in court he leaves no stones unturned by way of slackness which may affect his client’s work.

 

An unsober lawyer, moreover, acts carelessly as he lacks concentration in cases and often whiles away his time in other pursuits when his duty requires to prepare and concentrate on a tough case in hand.  Insobriety, in temperament of a lawyer and consequently in his client’s work may end in fatal results often which cannot be repaired later when the opportunity is gone.

 

An unsober lawyer may not, often concentrate himself while taking full instructions from a client and in majority of cases he is found to leave this important investigation from his client on his clerks or others, not much competent, in extricating right information from clients.  All this may result in serious lacunas left in the preparation of important or border line cases which need whole-hearted preparation on the part of a lawyer.  This may further result in loss of cases in courts, but, for the complete and correct instructions from the clients directly by the trial lawyers.

 

Insobriety, in a lawyer, therefore, may cause havoc at times in regard to legal interests of his clients in cases of civil nature for which the client may, always, throw complete responsibility on the shoulders of his lawyer.  Hence, any drawback of insobriety must be shun in the interest of one’s clients and their cases, if the lawyer has ever aimed at sound legal practice at the Bar.

 

4.Hasty lawyer. As haste is not the quality of a reasonable man, it must not be given a place in the mind. Any haste in action or haste in a judgment must be detested like haste in eating. 

 

A client’s work cannot be prepared in right earnest, unless, after, all instructions have been received from him, a lawyer spares the time to ponder over the facts and the instructions so received and then plan the line of action or defence as the case may be.  It, of course, requires a cool tempered lawyer and, a hot a hasty lawyer, when client’s difficult problems require grappling with them for a solution.  Any hasty judgment or line of action taken by the lawyer during the preparation or trial of a case, without looking into the full pros and cons may affect the success of a case.  Hence, a hasty lawyer, who forms a hasty decision, is invariably open to criticism at times by the clients and the courts.  Follies in producing weak evidence or a tutoured client but results fatally very off and on.  A hasty lawyer, but for this temperamental defect alone, loses even good and strong cases of his clients which casts irreparably of his growing reputation or building up a successful career.  It, often, results in his clients, leaving him for another lawyer, in the midst of the case, losing faith in him.

 

A cool-tempered lawyer is, thus, an asset to the clients, who repose infinite trust in him, sometimes to such an extent that any suggestion from his lawyer’s side throws such weight on them that they are ready to obey them verbatim without any shadow of doubt.  The client runs to cool-tempered lawyer who invariably think’s twice before he leaps to any line of action in the interest of his client.  His cool judgments are mostly rewarded by success in courts and his clients even do not mind at heart it there case, are lost on merits despite their lawyers best efforts for winning them.

 

5. Quarrelsome lawyer. A lawyer’s reputation of quarrelling nature spreads like a wild fire in the campus of a court. The courts very often come to know of the presence of such a lawyer even if he has not made his appearance in those courts.  A client’s work in a court of law demands full attention of a lawyer from the stage of preparation to the conduct of the case in a law court.  Quarrelling nature, though rare in lawyers, is a great handicap in the process of achieving a reputation, as a successful lawyer.  It is, perhaps because, the case work in a trail court is just like cooking of a good food.  If the cook is not a cool-tempered one and does not form a right judgment while mixing spices and the vegetable oils and also misuses the quantum of fire, the fate of the food will not be hidden from anybody.  Similarly, a quarrelsome lawyer, whatever his other qualities, if loses his temper in a court on a slightest pretext and comes to a cross with a court at once, the court’s attitude will naturally become prejudiced as against him and his client and his cause may be really hit for no fault of the client.

 

A dignified lawyer, even if he finds facing a hostile court, does not make it personal, but, somehow or other creates such circumstances in the case, in hand, that the court changes its angle of approach and turns on his side with favourable reactions.  Only in rare cases, where there is not left any option and in order to save his client’s interest he goes in for a transfer application under duress, without showing any discourtesy to the court.

 

Such is not the case with a quarrelsome lawyer.  He wants to settle every issue in one and the same court and thus adopts such an attitude which spoils even his strong case for no fault of his client.  He may or he may not resort to transfer application as an alternative, but he works under the impression that the court is hostile when apparently no hostility is shown by the court on simply disallowing his question in cross-examination or observing it to be irrelevant for the purpose of the case.

 

It never pays to be quarrelsome in court, whatever the reasons. It is because more than any breeze between a lawyer and a court under any circumstance one’s general reputation of being quarrelsome with courts, is more dangerous to his successful career at the Bar, which, must be avoided at all cost in the interest of one’s clients which lie in the hands of courts.

 

6.Evasive lawyer. An evasive layer is an exceptional lawyer who very often recourses to adjournment application on one ground or the other in a court of law.  Sometimes, it goes on without a break regularly when the court or courts begin to reject such applications when the lawyer is compelled to make appearance and take up the case, often even half-prepared or not prepared at all.  The evasive lawyer thus becomes a bane for his clients in general as they have to cope with his exceptional nature sometimes at heavy cost of frivolous journey to courts without any work.

 

Once or twice no client minds moving of such adjournment applications in courts but when this becomes, more or less a regular feature with a lawyer then he begins to show his disgust and resentment.  Even if for adjournments he has not to incur any additional expenses or fee to his Counsel, yet, his feelings come out on surface when he detests such practices and often makes another choice of a lawyer to conduct his case.  This all affects the growing reputation of  a lawyer as such and client opens out his feelings publicly which cannot be checked in any other way.

 

Even if the payment of dues is the4 cause of evading a court the caution should be taken from the Calcutta High Court.  Once an Advocate has accepted the brief of a client and the Vakalatnama on his behalf in a court it becomes his duty to attend on the day fixed for hearing even if he has not received any fee from his client unless the client terminates the contract or there exists a specific provision that his counsel would appear only after the full fee is paid as settled.  In the absence of such a proof the mere fact that no fee was tendered or paid is no justification for any refusal to attend the clients’ interests in court.

 

No lawyer of standing, will ever be found resorting to such practices excepting on rare occasions and on personal grounds, otherwise he will never ask the court to adjourn the case.  A duty-conscious lawyer is never an evasive lawyer as in equal measures of his clients interest in court he looks forward to the convenience of his clients as well.

 

It is well said:

 

“When a Counsel finds that his hands are full and he will not be in a position to attend his client’s case when called, he must ask the client to make an alternative arrangement and thus engage a lawyer ready for the occasion, if need be.”

 

7.A Criticising Lawyer. Healthy criticism is always welcome by any client of any category at the hands of a lawyer whom the client either goes for a change or meets at the first instance for consultation and engagement.  But any criticism for criticism sake to lower one in the eyes of others, whether of a previous lawyer engaged in the case or the very client who has come to engage one and keeping himself an exception above all, is, at least not welcome to any dignified client. Criticising ruthlessly, the new client on his previous counsel’s acts on omissions in the case and making him responsible for various weaknesses or slips in the conduct of the case and then showing that they cannot the repaired, is not only to cast apprehension in the mind of the client but also to create a hostile atmosphere against himself and his own engagement.

 

A client, whatever, his previous omission or even blunders, does not like to be openly admonished which, if he has any sense of self-respect, may not only take it ill but may revolt internally to entrust his brief in the hands of the lawyer, if he is to be criticized for his wring choice of his previous counsel, it should never be done openly at any cost, nor in the way that may hit the pride of any counsel or his reputation as a lawyer.  A gentle criticism with a substitute remedy will be welcome to every client in the interest of his own case and shall invariably create good impression on him instead of causing hidden revolt in his mind against the consulted lawyer.

 

A reasonable lawyer, generally, never hits down any of his colleagues or juniors in the profession even if he feels at heart that some blunders omissions were committed in the lower court proceedings or any previous proceeding.  His ingenuity lies in the fact that after locating such omissions or deficiency he may intimate the client gently about it and by suggesting such things, which he thinks fit, he may rectify the wrings so done.  It is because a lawyer has to be dignified and a gentleman first, whatever his short-comings which shall carry him undoubtedly towards the road of success.  As no gentleman ever harms other’s interest at his own hands so no lawyer, worth the name makes ruthless criticism either of the client coming to him or his previous lawyer.  A naked criticism digs out his own faults before others never realizing what counter reactions it will be causing on the client’s mind with what immediate or remote consequences.

 

8.An abusive lawyer. Abusiveness is an aggravated form of hot-temperedness, and is very rare among lawyers, who, as a class are renowned for good and responsive behaviour towards their clients.  In rare cases, only the clients have reported their such experience when they came across an abusive lawyer and it was on this every account they had to leave them in the midst of their cases as they lost faith in them.

 

Of course, the sense of self-respect is not only the monopoly of literate clients but equally it is the treasure of even illiterate clients, though in lesser degree, who come to engage lawyers for the successful conduct of their cases. Hence, even rank and file among clients rarely tolerate any abusive nature on the part of their lawyers or even they tolerate it for their selfish ends they feel aggrieved in their hearts and remember such treatments for long.

 

Those who even rarely suffer with this heated trend of mind, of course, have to pay back a lot in loss of reputation and the consequent success at the Bar.  No client, worth the name, unless, he has suppressed his own feelings of self-respect, much before any such incident arises, rarely swallows the intentional slips of tongue of his saviours in courts. Those who are much touchy in nature any tolerance is impossible for them under any circumstance.

 

Any abusive nature, on the part of such exceptional lawyer, may create other problems for him often with serious consequences with his cherished career in law if the client is a person of status or a man of means.

 

However, besides other legal consequences for an abusive temperament a lawyer suffering from this great defect may lose in the practical sense so heavily that his successful continuation of the legal career may become next to impossible and the only alternative would be whether to leave the career outright or to shun this aggravated temperament once and for all.  The sooner it is shaken off the better it is for one’s career at the Bar.  All legal acumen and the acquirements in law will be set aside unrecognized so long any iota abusive nature would persist in one’s career.

 

9.Timid lawyer. Timidity is the disquality born of one’s lack of confidence in himself.  A lawyer who is timid in the profession is the lawyer who has not yet gained the confidence because he has not put in the due theoretical and the practical lessons, which he ought to, as a member of the legal profession.  The more and more one gains strong foot-hold in legal acumen by reading voluminous literatures comprising of the main codes of a particular branch along with the up-to-date case-laws and then puts in equal measure of practical work, whether as assistant to some senior counsel or by himself, he will not be able to put off the lack of confidence born in his mind. 

 

Examples abound when one-time shy lawyer or lawyers with timid nature in course of time were outstanding personalities in law when they gripped the interest in law, legal literature and the case work in court with exemplary devotion. 

 

So long any timidity or shyness will persist in a lawyer he will not be the chum of clients of any professional branch.  But the day the lawyer takes to law seriously and his service to clients as his chief interest in law, the timidity or the so called shyness of the mind will evaporate into the thin air.  The more his confidence and the interest in law goes up higher and higher, the more the clients will begin to hover round him and the courts will look to him with due respect. 

 

So long the timidity exists, he shall, of course, experience the pangs of seclusion and unrecognition by clients who may feel neither any fetish for him nor they will entrust him with their cases.  Not merely this, he may be often open to rebukes by the courts which would add insult in the eyes of clients in general and his clients in particular.

 

So, advises C.L. Anand:

 

“If the advocate has lost confidence of the Bench he will soon lose that of his clients.  A rebuke from the Bench may be fatal to his chances of securing a high standing at the Bar.  Similarly, if the judge has lost confidence of the Bar he will soon lose confidence of the public”

 

Hence, the sooner the timidity is turned into diligence in law, the better it is for the interest of the lawyer and his successful career at the Bar.

 

10. Shabby Lawyer. Many a quality or disquality of a lawyer may be hidden in the public eye but not the disquality of looking shabbily dressed which is as apparent as a crystal water.  If a lawyer’s proper dress and appearance adds to his appealing the clients and the courts alike then his shabby looks or the shabby dress will in equal measure react on them.  Even if a client himself belongs to a poor category and is himself shabbily dressed, yet, he will not prefer to go and consult or engage a lawyer with shabby looks and dressed unless he knows him since quite long and has had occasions to hire his legal services with full satisfaction.

 

All this forecasts that a lawyer should appear in courts in proper dress, unless special reasons demand otherwise.  Besides often, the client being themselves allergic to shabby dresses the courts are found more allergic to it even in Mofussil (Lower) Courts, and thus shabbiness may cause any adverse remark by a court to the prestige of a lawyer.

 

As it is said that justice should not only be done but should appear to be done so one is not a lawyer by simply enrollment or a degree but should also appear to be a lawyer by keeping himself properly dressed in courts. 

 

Shabby dresses are not generally worn by lawyers who as a class remain in full kids of the courts including the gowns where they are required.  It is only in exception that the shabbiness comes in the way of those who, perhaps do not realize its acute importance at all in public places including the courts and in all public dealings including the clients.

Clients avoid unprepared, dishonest, or excessively arrogant lawyers. In Pakistan, anecdotal and survey evidence from legal aid clinics confirms this pattern.

Reference:

• Lahore High Court Bar Survey Report, 2023
• PLD 2019 SC 271 (remarks on professional behavior)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CHAPTER XIV

Let Clients Leave us with good Impressions

A lawyer’s direct relationship with a client begins from the date he is engaged in his case and lasts till the day all is over in the court or till before if the client leaves him and engages another.  Though his direct relationship finishes one day, yet, on the lawyer remain certain obligations regarding previous instructions to him by his client as governed by Section 126 of the Evidence Act. The duration of lawyer-client relationship is deeper and more lasting than a doctor-patient relationship.  Both the relationships exist and feed on the fidelity of each other. The moment one’s faith is broken in the other the relationship gets a serious jolt, and if not repaired at the earliest it is bound to be broken, though in a case of a lawyer even after the break the moral obligations in regard to client’s instructions still continue under certain conditions. In regard to the prohibitions to be engaged by the other party the directions of the Allahabad High Court should be kept in view, where, of course, in order to prevent Counsel from making appearance for the other party, he must have a definite retainer with a fee paid or he should have had such confidential information from the first party as would make it improper for him to make appearance for the other party.

 

However, the clients come to engage lawyers only under certain legal necessity and that legal necessity ties down both so ling proceedings in the courts continue or the services of the lawyers are retained by the clients. This relationship more often lasts for longer period i.e. the total period consumed by a case in court.  There are also, very often, engagements of Counsels even for short periods or say for a particular work i.e. for a certain hearing like arguments or cross-examination of particular witnesses, whether, this relationship is short-lived or long-lived but the fundamental ties so formed bind them with certain obligations with each other.

 

However, when all the process of the law court comes to an end in any proceeding, whatever the nature of the case, then a day comes when the clients take leave of the lawyer for good.  The more the case has lasted for a longer period the more such ties will have its own importance.  A lawyer has to see that the client should be left with good memories about him in selfless devotion to his work and his work and his sweet-tempered behaviour towards him with which he conducted his proceedings in court, whatever the ultimate results in his case.

No client, whatever, his category or nature, should be ever ill-treated at his lawyer’s instance whatever his deliberate act or omission causing offensive against his lawyer.  Lawyer’s chamber is part and parcel of the temple of justice, as he himself is an officer of the court where he receives all types of clients-good or bad, honest or dishonest, gentle or ruffian but he is to all of them a gentleman first and a gentleman last.  No client especially at the time of leaving at the end whatever, his weakness or omission regarding payments of fees or ever withholding of a portion of fees should not be given any rebuke or harsh rebuff unless something extraordinary the lawyer feels or can justify himself for his harsh conduct, which can be permitted only in exceptional circumstances alone.  The post-case experience shapes future referrals. Providing clarity on outcomes and billing, regardless of win or lose, upholds professional dignity

CHAPTER XV

Legal Etiquettes

 

There is the common saying that the Legal Profession is a golden link between law and justice.  It can be expected that any state can pass good laws and make the effective administration without the help of the eminent lawyers.  The judiciary cannot hope to administer even handed justice and prevent abuses and the future vicious circle without the help and cooperation of the able and intelligent lawyers who can be produced only by a well-planned and properly maintained legal profession.  It is like a breeding farm, which produced many states-men, politicians, eminent judges and lawyers of distinction in the past and which every civilized country in the world should feel proud to possess and maintain at all costs.  The surest way to rank and position in the state generally lies through the portals of the bar.  The Pakistan nation can never forget the major role played by the legal profession to win an independent homeland for the Muslims. After independence the law graduates continued the struggle for establishing the supremacy of the law in the country.  Their services in implementing the concept of Islam, economic and social justice in the country is commendable.  In the process, their sacrifices for this noble cause are unmatched.  Since the legal profession has always stolen the eminence, the law and rules are passed regulating the conduct of lawyers.  In fact, no other order is as perfect and useful to the society as the legal profession.

 

The entry in the legal profession requires the proper education and qualification known to all concerned and under the Legal Practitioners and Bar Council Act, 1973, the requirements and duties have well-being enumerated and explained.  In addition to the said codification and relevant rules which need to be gone through one as to keep in mind the matters which play the important role in the making of an advocate.  In this regard this is to be expressed that during the court hours and even after wards an advocate should be well clothed and neat in his appearance and should be correct in his habits.  As directed by the Lahore High Court, Lahore, black coat and black neck-tie with white shirt and trousers or while shalwar and white shirt with black achkan is the court dress.  A black gown is also to be worn while appearing before the superior judiciary.  However, a proper and neat dress thereafter is also the need of the hour.  A shabby dressed advocate after court hours may lose the impact he had attained with the proper court dress during the court hours.  His clothing must be quiet and refined in colour, cut and style.  He should cultivate good taste in his dress and appearance.  Long hair, big hats and childish manner may help a person in selling the spurious medicines in the public, but the same would not assist in the making of a successful lawyer attracting the good clients.  An advocate should take great care to be dressed like the people of his own age.  The proper dress would present the pleasing figure of an advocate.  In short his life should be discreet and sober, avoiding excess and extravagance of dress and demeanour.

 

It is proper to sermonize that kind words, written or verbal and polite behaviour cost nothing, but secure a conquest over hearts.  Harsh and irritating words do not break the bones but those certainly break the hearts and when the heart is broken it is immaterial if the bones are intact.  Even if provoked a young lawyer should not enter into array with the bench or bar.  An arrogant colleague or a self-conceited Presiding officer can well be moulded with decent manners.  The wise and sane persons of the Bench and Bar can always tackle an ticklish situation.  It shall always be remembered that a pleasing figure has perpetual letter of recommendation, which is the pillar in the struggle of success at the Bar.  The people and the friends always like a young man, with good address, good appearance and good bearing.  The habits and conduct of a young lawyer before the bench play a vital role towards the attraction of prominence in the relevant field.  The young lawyer must always give weight to the friendship of his contemporaries.  It is the experience of life that the more friends one can have, the more people one has who are advertising the young lawyer and recommending him to those who have to seek the assistance of a lawyer.  It is a source of success in this field.  Every young lawyer should take this step to enlarge the number of his friends and well-wishers to whom he should give proper time and show respect.  A sort of probationary period is to be faced by every young lawyer when he has to suffer the pangs of unemployment, but the same should not affect his pleasing figure which is required of him and he should behave with other in a decent way by keeping in the mind the maxim, “Do unto others what you would have done unto you.”

 

The conduct of a young lawyer in his office and his private life as well as upon street will have a marked effect upon his career.  During the early days of his career as a young lawyer, he is watched by the public in every sphere of his life.  The position to be given to him by the public would have positive or negative projection which is to be accorded to him.  In addition to his conduct in his office, private life and upon the street the manner he spends his evening or nights is also to be considered if an evening is spent by a young lawyer in the playground in the company of sporting people and soon after he sits in the room of the club playing cards or billiard it would adversely affect his clientage.  However, his presence in the playing ground with the sporting people would build his health and would be source of convenience to him while working in his office after the evening.  A young lawyer has to demonstrate the moral courage to withstand the temptations in the allurements of vices by avoiding the society of those having evil habits and bad repute.  He should show the determination to lead a good life keeping in mind that the Almighty God and his creatures are seeing him.  In case he falls prey to bad habits and enters the vicious circle that would result in ruining hopes and ambitions.  However, if he leads a pious life with regular habits of decent manners and with well-mannered persons he shall command the respect and support of those persons commonly known as his clients whose appreciation is always desirable.  It is commonly said that ‘a person is known by the company he keeps’.  A young lawyer’s clients would project the class of people with whom he has the company.  A sporting young lawyer may have the clientage from the sports people.  If he goes to saloons and billiard halls his clientage would be amongst his associates from there.  A lawyer should always avoid the loitering in the street corners as in such a state of affairs his clients would leave him in the lunch.  As a building is constructed with perseverance of long time and can be demolished within no time, the reputation for loose moral and neglect of business is also acquired easily and obviously a lawyer of this reputation will not be cared by his clients and that would be nothing but be facing a career of failure in life.

 

The office of an advocate is a place of doing the business.  It is a workshop in which he must perform his work.  The office of a lawyer is a place where he must meet his clients and others who come in contact with him on business.  The office of an advocate is not the place for holding the social gathering or social intercourse.  He should not entertain his friends in his office.  The office of an advocate is not a place for gossip.  A lawyer must keep his office open during the business hours and it should be in a fit condition for receiving his clients so that whenever they arrive there they are welcomed by smiling face by the lawyer himself or his clerk.  An important aspect of the matter is that the considerable portion of the litigation revolves around the affairs of the ladies like family matters or cases of administration of property.  As such whenever the lady happens to be in the office of the lawyer she should come across a fine atmosphere and surroundings and no objectionable matter should come into her notice.  In case she has to face inconvenience in the office of the lawyer she would not repeat her visit there. In our Islamic society and Islamic State this aspect of the matter should be given more importance.

 

It is a common scene that a young lawyer has to face the presence of his friends who simply enters his office for chit chatting or smoking.  In this manner the friends only do the injury to the young lawyer because the office would not look to be a workshop of doing the business.  If a refined lady who has to seek the assistance of a young lawyer in the matter of her problem or case arrives there in the office the presence of the crowd of the young or other friends would simply drive her away from there and obviously it would adversely affect the progress of unfortunate young lawyer who on the one side has to spend on the entertainment of his friends and on the other hand has to lose the clientage.  If an advocate is busy with some client, the other male or female client(s) may wait and it would also enhance the reputation of a young lawyer, as the idea would be inculcated in the minds of the waiting clients that he is gaining the experience and is intelligent person.  However, an office full of personal friends is not liked by the clients.  Such a situation can be avoided by discouraging social gatherings in the office at the very beginning though firmly but politely.

 

The visits of a young lawyer from his office to the neighboring office of another young lawyer also bring bad result to both the relevant offices of the business.  The absence of a young lawyer from the place of business would discourage the arrival of clients while the presence of more people in another office for amusement would make the clients of that office despair, the negative results can well be imagined thereof.  The time and tide do not wait and likewise the clients need not wait.  The client who has to pay from his own pocket the fee of an advocate is entitled to the privilege of making the period of waiting much less.  The tendency to neglect the office by spending the time in social intercourse indulging in gossip and noise must always be avoided, as it would breed up the poor work and less output with no positive results.

 

A laborious and active lawyer always finds success of high degree.  Sometimes extraordinary efforts are to be made after the disposal of a matter to go quickly to the higher Forum.  Unless the prompt action is taken, the clients may face an irreparable loss.  The active and laborious mind would take the action quickly by grasping the details of the case through the application of correct legal principles adopting the proper remedy.  Obviously the mind of a lazy person that works slowly cannot take the prompt action.  He fails to rise to the occasion and if the action taken and the performance is so poor that the results are also poor.  The advice to the young lawyers is that they should always work with alert mind, should be active and raise themselves to the occasion promptly while fully armed with legal knowledge and the correct application thereof.

 

An industrious lawyer is sure to succeed in the field.  His honesty towards his client, case and cause is another feature, which would prove to be a pillar of success.  Industry means a continuous effort and an attempt to rise and progress with a definite goal.  With hard labour the shortcoming of the absence of the building can be overcome.  If a person is brilliant but is not industrious and laborious, the reputation, which is expected of him and desired by him, cannot be achieved.  The honesty to client, case and cause would attract the clientage as the same surely builds up a reputation for reliability and credence.  A young lawyer should toil hard to acquire both traits and qualifications as well.  An industrious and laborious young lawyer will always appear to be busy.  During the recent days some young lawyers read fiction or newspapers etc., during court hours at the place of business.  For a while the acquisition of fresh news can be a normal desire, but reading of fiction during Court hours/ office hours is simply uncalled for.  A young lawyer should study all law books or the latest case law while sitting on his desk.  The clients do not engage an advocate who has little knowledge or nothing to do.  A busy lawyer always attracts a large number of clients with reasonable fee.

           

The general depression which is the outcome of the unemployment arising out of the conduct of overlooking by the clientage is faced by those lawyers who are not known to be polished, well mannered, correct in habits, neat in appearance and courteous in manners.  There is a keen competition in the legal profession.  The competition is a salubrious aspect as it eliminates incompetent persons and revolves around the dictum of the ‘survival of the fittest’.  The struggle for existence is an important feature in life.  There is no guarantee when and where the difficulties of the lawyer will stop.  The full benefits of the fair justice cannot be enjoyed without prominent legal mind.

 

The overcrowding in the legal profession is not faced by those young lawyers who make themselves good lawyers.  The legal profession requires certain special qualities and aptitude, which are not possessed by all and a young man with his aforesaid type of traits is sure to succeed in the profession.  A young lawyer need not promise his success and belittle his opponent.  He should not confuse himself.  He should keep in mind the difficulties of the profession and should appreciate the same.  His painstaking efforts and careful wisdom would overcome the failure of sincerity to the profession and honesty of purpose would place him on the Victory Stand.

 

In the end it would be proper to refer to some of the legal ethics to be followed for successful and respectable career.  An advocate should show respect to the regulations of or duly constituted professional bodies that are set in authority over him by the laws of the country or by the rules of those societies of which he is voluntarily a member and he should obey them in spirit as well as in letter.  He should regard with respect professional opinion and not stand aloof from movements designed to promote the interests of the profession.  If he is unable to agree to the course adopted by the majority he shall abstain from manifesting publicly his differences by addressing letters to lay newspapers.  In all dealings with the clients their interest and advantage within the limits of the law and rules should alone influence his conduct towards them with secrecy.  His obligation toward his clients must be given the proper weight and any single failure is discreditable.  An advocate must not only deal honestly with his colleagues of Bench and Bar, but he is expected to show more than usual benevolence towards them.  He should cherish a proper pride in his profession and avoid lowering his honour and prestige by act or word.  Rather he should endeavour to increase the public esteem and honourable traditions in which the legal profession is held and is to be held in future.

From dress code to courtroom conduct, legal etiquette reflects the respect for the judiciary and the profession. Pakistani High Courts enforce dress and behavioral codes.

Reference:

• High Court Rules and Orders (LHC Vol. IV)
• Pakistan Bar Council Ethical Guidelines, 2022

      

 

 

 

 

 

 

 

CHAPTER XVI

Bar Vocational Course

 

THE ADVOCACY TRAINING SKILLS

Chapter 16: Bar Vocational Course

Pakistan currently lacks a uniform post-LLB vocational bar course, unlike the UK’s BPTC. However, reforms are underway to introduce structured bar exams and training.

Reference:

• Pakistan Bar Council Proposal on Legal Education Reform, 2021
• HEC & PBC Joint Committee Recommendations, 2020

Preliminary Note:

These Notes state general principles relating to case preparation, speeches, and witness handling.  Each case encountered in practice is different.  The skill of the advocate is to adapt these principles to the requirements of each individual case.

 

(1) CASE PREPARATION

           

Effective preparation must be directed, first towards the identification of the real issue or issues in the case, and thereafter to discovering, marshalling and presenting in evidence the facts in support of that issue.  This involves the disciplines of Case Concept (sometimes known as the Theory of the Case) and the Case Analysis.

 

Effective case preparation requires the following:

 

(a)        Identifying the primary issue or aim in your case, together with any secondary issue that arises.

 

(b)       Identifying the facts in the case.  At this stage we are only concerned with facts, not inferences or conclusions.

 

(c)        Evaluating the facts in the light of the issues:

 

(i)        Which are helpful in supporting your case?  Which unhelpful? Are the “good facts” wholly good or can they be deployed by the other side?  Likewise, are the “bad facts” all bad?

 

(ii)       What are the most important facts available in support of your aims?  Select only what you need, and, when doing so, have well in mind that the burden of proof lies on the prosecution.  Put these facts in order.  Where in the order do they cease to have anything more than a marginal relevance?

 

(iii)      Are there facts that need to be established before inferences can be drawn?

 

(iv)      Are any of the facts inadmissible?

 

(d)       Structuring the case:

·      From what source can you get the relevant and important facts into evidence?

·      Do you have choices?  e.g. from one witness or more than one; from one of your or from an opposing witness; or from documents.

·      Could you get an admission?  If so would it make the same impact?

·      Which source is the most persuasive; which the least dangerous; which the most reliable?

·      How can you avoid calling a vulnerable witness by eliciting from another witness (on either side) the evidence which he would give?  You may need to consider how to narrow or close issues in the pre-trial stages by reference to applicable procedure.

·      What questions do you need to ask in order to establish the facts necessary to your case?

·      In what sequence will you ask the witness those questions both to assist the witness and to make the point most effectively?

·      Are there any maps / plans / schedules / documents which will focus the witness on the matters about which you are asking or which will assist his/her accuracy and will improve the presentation of the case?

·      In what sequence will you call the witnesses?

·      How do you wish each witness to be viewed by the tribunal?  Honest and reliable; honest but muddled; biased or neutral; wholly dishonest or only in relation to certain aspects?

 

(2)       OPENING SPEECHES AT TRAIL

 

The purpose of the opening speech is to attempt preliminary persuasion, and to identify the issues, the prosecution’s (or claimant’s) and defense’s propositions of fact and law, and the witnesses to be called on their behalf.  But it is tactically unwise either to seek to be too persuasive I Opening, or to be too confident in anticipating how the evidence will turn out.

 

Applicable procedures provide for whether or not the defence in either a criminal or civil case makes an opening statement.

 

(3)       CLOSING SPEECHES AT TRIAL

 

The purpose of the closing statement is to persuade the Court in favour of your case by the precise identification of the issues and by the concise marshalling of the evidence.  For this purpose, the advocate must be able

 

(a)        precisely to identify the (remaining) issues in the case,

 

(b)       precisely to identify the propositions which he puts forward in support of his case,

 

(c)        to have a thorough grasp of all the evidence, to stress the evidence favourable to his case and, so far as is proper and possible, to diminish the importance of the evidence which is unfavourable,.

 

(4)       WITNESS HANDLING

 

EXAMINATION-IN-CHIEF

 

Guidelines and Techniques:

 

1.     Keep questions short and simple, especially if the witness is not co-operative or is reluctant.

2.     Beware of repeating a question to which you have not received the answer which you require.

3.     Leading questions should be avoided in examination-in-chief.  A leading question is one which suggests the answer or which contains an assumption as to the answer.  There is in any event a good self-serving reason to avoid leading questions, namely that the answer to a leading question sounds as though it has been put by the questioner into the mouth of the witness, and is therefore worthless.

4.     Don’t rely on “What happened next?”  This abandons control of the witness.

5.     First, think of the answer which you want to obtain, then work out the question/s which is/are necessary to obtain the desired answer.  On most occasions, the form of the question will be determined by identifying the desired answer.

Second, and where appropriate, build your questions on the preceding answers to assist control of the witness who in turn can follow the structure.  In addition, a comprehensive and memorable picture is being painted for the Court receiving the evidence.

6.   Examination-in-chief is essentially simple.  It is a private, somewhat formalised, conversation between the advocate and the witness being conducted for a public audience.

 

 

 

 

Form of Questions

 

1.         No leading questions.  Use open but focused questions.  Frame your questions by words such as Who … ?, What … ?, Where … ?, Why … ?, and How … ?, or interrogatives such as Describe … , Explain …, Tell … .

 

2.         Short simple questions: One point at a time.  Remember: everything you ask has to be translated.

3.         Aim the question at a specific answer.

4.         Use of language: appropriate to the witness’s understanding.

5.         Establish facts not conclusions or opinions.

 

Sequence of Questions/Structure

 

1.         Help the witness to tell the story.  Focus on the witness.

2.         Help the Court to follow the account.

3.         Use of maps, exhibits, plans, photos etc.

4.         Identify issues before asking questions – relevance.

5.         Listen to the answer.

6.         Link question to content of previous answer (picking up last answer, or part of it, as basis of next question).

 

Control of Witness

 

1.         Know your material

2.         Form of questions – short and focused (see above).

3.         Demonstrate clear direction.

4.         Transition questions/headings to highlight new topics.

 

General Matters

 

1.         Highlight important issues: (Case Analysis).

2.         Use of notes to assist not distract.

3.         Include the Court.

4.         Use of Language – words that communicate and persuade.

5.         Do not interrupt witness.

 

Example:

 

The witness is being called by the prosecution in a criminal case to say that he was looking out of the first floor front bedroom window of his house at 10:30 a.m. on 2 February when he saw a young boy throw a stone through the window of a toy shop directly across the road, take a toy gun from the window and run off to the right and out of view.  A young boy is on trial for the offence and is relying on an alibi.

Having got the witness to give his name, the next answer the advocate will want is for the witness to give his address.  Question: “What is your address?”

 

The next answer he wants is that there is a toy shop directly across the road: the assumption is that there is not a plan (which there should be).  This cannot be obtained by a leading question and will take three non-leading questions to obtain it.  Thus:

 

Question:        “Are there any building on the opposite side of the road from your house?”

Answer:          “Yes”

Question:        “Is there any of those buildings on the other side of the road which is directly opposite to your house?”

Answer:          “Yes”

Question:        “What building is that?”

Answer:          “A toy shop”

 

There were no assumptions in any of those questions.  If the question “Are there any buildings on the opposite side of the road from your house?”  had been omitted, the use of “directly opposite” would have contained an assumption.  And note, also, the building of question on preceding answer.  Thus, examination-in-chief requires the reconstruction of questions which would be appropriate in ordinary conversation.

 

Next, the advocate will want to get witness to say that he was at home 10.30 am on 2 February.  This may pose a problem if it is not agreed that you may lead on this, in that the witness may not recall the date, although he recalls the incident, so that the date will have to be established by some other means (e.g. Question: Did you observe any incident involving the toy shop earlier this year?” Answer: “Yes”.  Question: “What incident was that?” Answer: “A burglary there”.   Question: From where did you observe that incident?” Answer: “From my home” Question: From whereabouts in your home” (etc., as below)).  (The alternative course is to obtain permission to let the witness refer to a contemporaneous statement (probably available in Criminal).  Then: “Do you remember that you made a statement to the police about an incident earlier this year?”  But assuming for the purposes of the example that the witness can recall the date or is allowed to be led on it, the examination might proceed as follows:

 

Question:                    “Where were you on the morning of 2 February?”

Answer:                      “In my home.”

Question:        “When you were in your home that morning, did anything happen outside of which you were aware?”

Answer:          “Yes”.

Question:        “How did you become aware of it?”

Answer:          “I saw it”.

Question:        “Where were you in your home when you saw this thing happen?”

Answer:          “In my bedroom”.

Question:        “What were you doing when you saw this thing happen?”

Answer:          “I was just looking out of the window.”

Question:        “Where in the house is your bedroom?”

Answer:          “At the front.”

Question:        “How many floors is your bedroom?”

Answer:          “Two.”

Question:        “On which floor is your bedroom?”

Answer:          “On the first floor.”

Question:        “What time was it that you saw this thing happen from your first floor front bedroom window?”

Answer:          “About 10.30 a.m.”

Question:        “What did you see happen at about 10.30 a.m. when you were looking out of the window?”

Answer:          “I saw a young boy throw a stone through the window of the toy shop across the road.”

 

And so on.  Again, note that there were no leading questions and no assumption in any of the questions and that each question was aimed at a specific answer and was built on the preceding answer(s).

 

The value of linking the question to the content of the previous answer is three-fold: first, the witness is always under control; second, the witness can follow the structure; third, a comprehensive and memorable picture is being painted for the tribunal receiving the evidence.

 

CROSS-EXAMINATION

 

Guidelines and Techniques:

 

1.                     There are only two reasons to cross-examination any witness: undermining the reliability of evidence damaging the cross-examiner’s client’s case, and supporting the cross-examiner’s client’s case by bringing out evidence which is favourable to it.  The two guiding rules are: (1) What do I need to challenge? (2) What can I elicit further?

2.                     Keeping questions short and simple, especially if the witness is antagonistic.  Remember: it takes time to translate the questions which provides thinking time for a dishonest witness.

3.                     Beware of repeating a question to which you have not received the answer which you require it may give the impression of weakness in your own case or give the impression of strength in the opponent’s case.

4.                     Explore and exploit common ground.  Ask first the questions to which you except to receive favourable answers.

5.                     Ask only leading questions.

 

6.                     Try, where feasible, to give the witness the opportunity to withdraw or resile with dignity (“Well, putting it like that I can see that you may well right….)”

7.                     Don’t twist the evidence, or score cheap points, but do emphasise relevant discrepancies.

8.                     Combine tenacity with a clear understanding of when to stop.  Always beware not to ask the one question too many which may undo helpful answers which you have already obtained.  It is better to sit down with the lurking doubt that you may have asked one question too few than with the sickening certainty that you have asked one question too many.

9.                     Try to identify before you begin cross-examination:

(a)        What you need to achieve, having regard, in particular, to apparent extant of the witness’s knowledge.  It is dangerous to cross-examine a witness about matters outside his own knowledge.

(b)       What you are reasonably likely to achieve, having regard, in particular, to the apparent personality and disposition of the witness.

10.                   Phrase every question so as to avoid the risk of an antagonistic witness scoring points in his answer.

11.                   Never ask a question in cross-examination to which you do not know the answer.  It is difficult always to obey this rule, but it will avoid some of the pitfalls identified above.

12.                   Keep an eye on the Court to ensure that the Court is following the points which you are trying to make.

13.                   Keep cool even with an antagonistic or irksome witness.  Do not, by losing your cool, throw away the chance of such a witness alienating the Court.

14.                   As with examination-in-chief: think of the answer which you want to obtain, then work out the questions/s which is/are necessary to obtain the desired answer.

 

 

Form of Question

 

1.         Only leading questions.  Use closed questions.  Frame your questions by words such as Did … ?, Was … ?, Were … ?

2.         Do not ask for information.  Do not explore.

3.         Short and direct questions.  One point only.

4.         Establish facts.  Do not ask for opinions/conclusions.

5.         Do not permit witness to emphasise unfavourable evidence. Avoid “Are you sure?” questions.

 

Sequence of Questions/Structure.

 

1.         Elicit favourable answers first.  Narrow the issues, particularly with expert, witness.

2.         Series of short question to “ring fence” witness (i.e. to eliminate escape routes).

3.         Restrict questions to necessary areas.  (Case Concept).

4.         Build up to a point. Never ask one question too many.

5.         Put challenges.  Avoid “I put it to you … “, “I suggest …”.

 

Control of Witness

 

1.         Form of questions – See above.

2.         Know your purpose:   (Case Concept).

3.         Do not argue with witness.

4.         Do not interrupt. (If you feel the need to interrupt it is probably because you are not putting proper questions).

5.         Insist on answer to question asked: repetition.

6.         Prior inconsistent statements: confirm evidence, “credit” statement: contrast the differences.

 

General Matters

 

1.         Highlight important issues.  (Case Analysis)

2.         Use of notes/statements.

3.         Include the Court.

4.         Variations in pace/voice.

5.         Need to cross-examine.

6.         Take into account the witness’s standpoint.

7.         Consistency of questioning with Case Concept.

 

Example:

 

Go back to the example of the toy shop case discussed above in regard to examination-in-chief and assume the witness had given a detailed account of what he saw and a description of the young boy which could fit the defendant.  Assume, also, that the sole purpose of the cross-examination is to undermine the reliability of the observation and, thus, of the description.  The cross-examiner knows (because he has been to the scene (always a good idea)) that there are large trees in the front garden of the witness’s house, that the road is a double-decker bus route and that, from 9.00 a.m. to 11.00 a.m., it is usual for there to be cars and vans parked on both sides of the road and for shoppers to be walking up and down the pavement on the opposite side of the road from the witness’s house.  The cross-examination might follow these lines:

 

Question:        “There is a front garden to your house, is there not?”

Answer:          “Yes”

Question:        “And there are two large trees in your front garden?”

Answer:          “Yes”

Question:        “Those two trees rise to a height of about 10 feet, do they not?”

Answer:          “Yes”

Question:        “Those trees are both at the road end of your garden, aren’t they?”

Answer:          “Yes”

Question:        “And they stand about 10’ apart at the end of your garden, don’t they?”

Answer:          “Yes”

Question:        “You have to look through the branches of those trees to see what is happening on the other side of the road, don’t you?”

Answer:          “Yes”

 

Note that there were no “I suggest ….” or “I put it to you ….” Questions, that every single question was leading, that each was framed to achieve the desired answer and that each built on the answer that had preceded it.  The rest of the cross-examination would proceed in the same way, never asking the witness an open question, never asking him for an expression of opinion.  At the end, it would be safe to put the essential point, “You are wrong about the description of the young boy” or “You cannot be sure of the description you have given of the young boy”, both of which call for a statement of opinion/belief but with the answer to which, even if the witness maintains the accuracy of his description, the cross-examiner can live.

 

Remember the advice given about examination-in-chief: First, think of the answer which you want to obtain, then work out the questions/s which is/are necessary to obtain the desire answer.

 

Previous inconsistent statements: A particular form of cross-examination:

 

(1)       Set up the witness by putting to him the evidence-in-chief which you intend to show is inconsistent with the previous statement.  (This is a permissible exception to Guideline 3 above):

(2)       Put to the witness that he confirms this.

(3)       Put to the witness that he made a statement to (the statement taker) on (date).

(4)       Whether or not the witness agrees that he made the statement, put the statement it to him, and (if appropriate) put to him that he confirms his signature.

(5)       In the USA this procedure has been distinctively formulated as “The 4 Cs”: Credit, Commit, Contrast, Confirm.  Credit is (1) above, Commit is (2), and Contrast and Confront are the sum of (3) and (4).

 

RE-EXAMINATION    

Purpose:

The purpose of re-examination is to correct, clarify or expand matters arising out of cross-examination.

 

Guidelines and Techniques:

 

1.         No question may be asked in re-examination which does not arise out of cross-examination.  Re-examination is not a second examination-in-chief.

2.         The basic rule about re-examination is Don’t re-examine unless you have to.  Re-examination is the most difficult aspect of witness-handling to structure and control.  The witness is more likely to repeat unfavourable answers given in cross-examination than to return to their statement.

3.         However, sometimes, it is essential to re-examine to clarify an ambiguity which has arisen.  There may be a supplementary purpose, namely to take appropriate advantage of evidence damaging to the cross-examiner’s case which has emerged during cross-examination.

4.         The problem facing the re-examiner is to contain the re-examination to the specific point to be addressed – and to do so without leading.

5.         Look for inadvertent or incomplete answers in cross-examination which you are confident that you can safely correct or expand in re-examination, but be careful to distinguish between these circumstances and the unhelpful answer in cross-examination which will only get even worse if tackled in re-examination.

 

 

 

 

Example:

 

Suppose, in the example of the toy shop case used to illustrate the basic techniques of examination-in-chief and cross-examination, the witness has said in cross-examination that he was observing the events for some time, unspecified.  The re-examiner might think it necessary to clarify for how long the witness was observing, anticipating that he will say that he was watching for about a minute and assuming that the period of time was not obtained from the witness in chief.  The re-examination might proceed thus:

 

Question:        “You told the court that you were watching what that young boy was doing for some time.  For how long were you watching him?”

Answer:          “For about a minute.”

Question:        “What was he doing when you first saw him?”

Answer:          “He was actually throwing something at the window of the toy shop.”

Question:        “What was he doing when you last saw him?”

Answer:          “He was running to my right and out of my sight.”

Question:        “What sight of him did you have during that period of about a minute between your first and last sight of him?

Answer:          “Well, I never lost sight of him.”

 

 

CASE THEORY

 

 

YOUR (BEST POSSIBLE) EXPLANTION OF HOW THE EVENTS OF YOUR CASE ARE LIKELY TO HAVE HAPPENED.

 

A SUCCESSFUL CASE THEORY:

 

(a)       IS CONSISTENT WITH ALL THE CREDIBLE EVIDENCE IN YOUR CASE;

 

(b)       REQUIRES THAT NO CREDIBLE PERSON IN YOUR CASE IS DISBELIEVED;

 

(c)        REQUIRES THAT NO CREDIBLE DOCUMENT IN YOUR CASE IS DISBELIEVED;

 

(d)       ACCORDS WITH COMMON SENSE AND HUMAN EXPERIENCE;

 

(e)        ACCORDS WITH THE LAW REQUIRING A FAVOURABLE JUDGMENT.

 

 

 

 

                         

 

 

 

     

             

 

 

 

 

 

Bar Vocational Course

Witness Handling Tips

 

                           

General

 

• Know what answer the witness is going to give to your question
• Know what you are going to ask before you open your mouth
• One question at a time
• Short questions
• Give appropriate weight to questions
• Use logical structure as a framework to ask question in
• Listen to the answers
• Avoid “lead in’s” or  “tag ons”
• Don’t indicate you have got a bad answer.

 

Examination-in-chief

 

• Ask open questions, but use judgment to decide when they are too open
• Lead when the matter is not in dispute and you have the agreement of

your opponent.

 

• You may lead on evidence already given by the witness
• Make sure the question is sufficiently precise

 

E.g.

 

“How hard did he punch you?”

“Whereabouts did he punch you”

“What part of the arm?”

“How many times did he punch you?”

“How did he punch you?”

“Which arm did he use?”

“What was your reaction?”

 

 

• Piggybacking

 

 

Cross-examination

 

• Ask closed questions
• Build up to the question you want ask
• Know when to stop
• Don’t argue with the witness

 

 

 

 

 

 

 

 

 

 

R v. Smith

Bail application

 

Previous convictions

 

Convictions recorded against ……Melvyn Anthony Smith     CRO No.. Y354678/94.

 

Charged in name of…………………”……..                         *Denotes spent conviction

Date	Court	Offence(s) (With details of any offence taken into consideration)	Sentence	Date of release	*
2/5/94   9/08/95         21/12/95       3/5/96       19/9/96     14/10/96     03/12/97     12/8/98   3/11/98           21/1/99             08/6/99	Bedford YC   Bedford YC         Luton YC       Luton YC       Luton YC     Luton YC     Luton YC     Luton YC   Luton YC           Luton YC             Luton YC	Theft   Theft Theft Making of without Payment    Burglary Burglary     TWOC Professional of class B drug   TWOC x 3     Profession of bladed article   Burglary x 2 TWOC   Common Assault   Aggravated Vehicle Taking Profession of an offensive weapon       TWOC x 4 Theft x 2           Aggravated Vehicle Taking	CD I year   Fine £ 60 Fine £ 60       15 hours attendance Centre   20 hours attendance Centre Fine £ 50     1 year supervision order   Fine £ 30     1 year supervision order   fine £ 100   12 month probation order 12 month probation order (cnct)   4 months YOI (conct) 4 months YOI (conct but conset to above) 12 months YOI	21.4.99           8/12/99

 List complete o Continuation Sheet attached Yes or      No  o      tick  Ö relevant box

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MG5

Summary of Evidence

 

R.v  ………………. Melvyn Anthony Smith ………………………………………….

 

Application     Compensation                         Forfeiture                    Destruction       

 

Other

 

If ‘Other’ please specify                     …………………………………………………..

 

 

                                                                        Continuation sheet Yes           No    

 

 

At approximately 12.05 am on 19^th April 2000, PCs 135 Reeves and 257 Mortimer were on uniformed patrol in a marked patrol car when their attention was drawn to a blue Ford Sierra motor vehicle index number F645 MKY being driven erratically along the A6 Luton Road.

 

PC Reeves pursued the vehicle using the two tone siren and lights.  The vehicle, still accelerating, turned right into Rissington Avenue without indicating and crashed into a lamp post on the nearside driver’s door.  The driver, described as a white male, 6’ tall wearing a red jacket and baseball cap, decamped in the direction of Luton Town Centre.  The passenger, GERRARD JONES (DOB 12.3.83) was arrested by PC Mortimer at the scene.  After caution, he replied ‘I told him to stop’.

 

The defendant, MELVYN SMITH (DOB 30.4.82) was arrested by PC 549 Dawes 500 meters away in Rissington Crescent.  PC Dawes said ‘You fit the description of a youth seen running from a stolen vehicle 15 minutes ago in Rissington Avenue.  I am arresting you on suspicion of aggravated vehicle taking.”  After caution SMITH replied ‘Not me. I was only out to busy some fags’.

 

Both Defendants were interviewed under caution in the presence of their solicitors.  GERRARD JONES SENIOR was also present acting as appropriate adult for his son.  JONES made full admissions although he declined to name the driver of the vehicle.

 

In his interview, SMITH declined to answer questions save to confirm his name and address and to confirm as accurate the reply on arrest.

 

At 17.12 hours on 19.4.00 SMITH was charged with aggravated vehicle taking.  After caution, he replied ‘It wasn’t me’.

 

At 17.24 hours on 19.4.00 JONES was charged with allowing himself to be carried.  He made no reply to caution.

 

Objection to bail:  Commit further offences (record and antecedents).

 

 

Notes from conference

 

Melvyn Anthony Smith

18 years (30.4.82)

 

Charged with aggravated vehicle taking – not guilty

 

Lives alone in bedsit – rent £ 55 pw 55 Green lane, Dunstable

Girlfriend of 3 years – pregnant (due Oct) – plans to marry & set up home.

 

New Employment: Green Lane Motors Dunstable – 6 weeks in job

has letter from employer stating he is a satisfactory worker

 

trained as motor mechanic (city & Guilds) whilst serving last sentence can’t hold job open indefinitely

_________________________________

 

Offence

 

Strongly disputes offence – he was NOT the driver and not the man seen running from the crashed car.  Knows Gerrard Jones (friend of younger brother) but was not with him in the car.

Accepts description could apply to him but states his jacket is brown not red.  Maintains that he had only gone out to buy cigarettes (although he was not at home in Dunstable but in Luton at a friend’s house).  Friend is Terry Williams – thanks he will be a witness – but has form for TWOC.

 

Does not accept coincidence of his presence 500 meters away from where car crashed.

 

Accepts reply on arrest.

 

Wants bail, happy to apply with any bail conditions

 

Last sentence ‘blessing in disguise’ – time to ‘think about life’. He learnt his lesson.

 

Now life sorted – job, home, future with girlfriend & baby.  Would not put it all at risk now.  Lives and works in Dunstable – no need to go to Luton (all previous offences and the alleged offence committed in Luton town center).

 

 

 

 

 

 

 

 

 

 

 

Bar Vocational Course

Advocacy Skills Guide – Defence Bail Application

 

 

Specific Criteria

 

1.     Confirm making an application for bail

2.     Make clear you have identified what the Prosecution objections to bail are

3.     Summarise the main points of argument

4.     Flag and address each point in relation to the offence

5.     Flag and address each point in relation to antecedent history

6.     Flag and address each point in relation to the Defendant’s personal

     situation

7.     Suggest relevant bail conditions

8.     Summarise

 

General Criteria

 

1.     Speak at an appropriate pace and volume

2.     Be concise and use plain, professional English

3.     Use a logical structure

4.     Use notes and/or documents effectively

5.     Use the facts to present the case in the most favourable way for your client

6.     Deal effectively with judicial intervention

7.     Maintain professional standards

 

Results criterion

 

Overall, be persuasive and enhance the defendant’s chances of obtaining bail

  

 

 

SUGGESTIONS AND RECOMMENDATION

The modernization of Pakistan’s legal education system cannot proceed without structural reform and innovative delivery mechanisms. Including all stakeholders in the governance of legal education and empowering expert-led clinical training will pave the way for producing competent, ethical, and practice-ready legal professionals. These reforms will bring Pakistan’s legal education system in line with international standards and address the growing demands of a 21st-century legal landscape.

The PBC is a statutory body, and under the mandate of law, the PBC has to oversee legal education. The PBC is an elected body, and in its scheme, its committees comprise 22 elected members, they perform part-time honorary functions as members, all are advocates and have shortage of time.

 

The legal education, being a very serious affair, could take Pakistan to a higher level, “for this we need to have a legal education directorate at the nation level”. The role of the PBC in legal education, stating that there is an accreditation committee and an evaluation committee in the PBC. These committees should comprise a committee member who represents every province, a member who represents the academia either from the private or public sector, a member who represents the HEC, a member who is from an affiliating university and a member who represents the administration, such as an executive, to serve as the additional secretary of the legal education committee. PBC is constituting a committee in every province just like law college commissions. That will be permanent committee for every province, which will be reviewed after every year

 

The PBC has the same role to play as the provincial Bar Councils since the PBC is a nationwide organization. The rules introduced are also implemented by the provincial bar councils.

There was no representative from academia in the legal education committee and this certainly defeats the purpose of developing a legal education committee by the PBC if the academic aspect is not represented.

 

PBC could be responsible for the failure of legal education in Pakistan. PBC is active because the Supreme Court intervenes in legal education This is also because the Supreme Court is actively participating in court cases involving legal education in Pakistan. Another positive step taken by the PBC, was that a few years ago in 2015, the PBC had also introduced the legal education rules. Nonetheless, when there are issues in the examination, it indicates that the curriculum has not been improved. It also indicates that training had not been provided to the teachers, thereby existing gaps are multiplied. It proves both rules and regulations were neither followed nor revised. All of these responsibilities are related to the PBC agency, and it seems obvious that all these problems exist because there was a lack of involvement on the part of the PBC.

 

PBC has yet to make any effort toward improving the standards of legal education in the country. PBC had failed miserably in bringing the checks and balances on law institutes providing legal education. PBC has played a less than effective role as the organization overseeing the quality of legal education. PBC does not have any interaction with universities or colleges directly. The PBC should be a watchdog over the quality of legal education.

 

PBC’s function is to highlight which subjects need to be taught to law students because PBC is the agency that issues the license for practice. Practically, the agency only guides but it is not the expert on teaching nor learning processes and yet, it is trying to exceed more than its actual role. The legal education should be everyone’s right, but the license to practice law is not everyone’s right. Nonetheless, the PBC has a very important role to play because legal education falls under its authority.

 

Overall, it can be deduced that the legal education system in Pakistan is experiencing a number of serious weaknesses. First is the role of the PBC, it has failed to put in place a quality examination for entry into the legal profession. The Bar Councils are engaged more in bar politics than in regulating the legal profession. The Pakistan Bar Council, the regulator of lawyers, recognizes and acknowledges that legal education in Pakistan requires reforms and needs to be modernized. Moreover, the PBC has yet to make any effort towards improving the standards of legal education in the country. The PBC has failed miserably in bringing checks and balances on institutes providing legal education As revealed in the data collected, overall, the decline of legal education in Pakistan has been attributed to the poor monitoring of the PBC.

 

Besides the PBC, another agency guarding the interest of the legal education in Pakistan is the HEC. It is the highest agency in the country to oversee higher education in the country. The quality assurance of higher education or professional education, in Pakistan, is certainly the responsibility of the HEC. HEC is also responsible of the total failure of the legal institution. The reason behind the HEC’s failure is the over load of work. In response to this question, the representative from the Higher Education Commission of Pakistan, RHEC1 stated that the HEC is overseeing all the subjects being offered at the higher education level. Unfortunately, HEC does not have any particular mechanism for overseeing the specific quality of legal education alone. It appears that in the past, legal education was imparted to the affiliated law colleges governed by a board of governors. This means that the respective universities had to look after the quality themselves. This means that the HEC does not have control over the law colleges directly. But today, there have been some changes where the current policy of the HEC allows it to oversee all the private law colleges that are affiliated with universities. This made it easier for the HEC to monitor such law colleges. HEC is not a professional body; it is only an agency that provides guidelines to be implemented. Further, the legal education does not receive these guidelines from the HEC and the reason can be attributed to the weak role of the HEC. There is also a lack of coordination between the PBC and the HEC. This, therefore indicates that HEC should involve the PBC in decisions it makes for higher education per se. For years, the government and Higher Education Commission have ignored the importance of proper legal education and training of lawyers and judges. Furthermore, nothing has been done so for as policy or legal framework to regulate legal education.

 

HEC’s role is like a facilitator to provide a podium to all public and private sector institutions and the members of the Legal Education Committee of the PBC, it does not have any concern with legal education directly. The HEC does not have any concern with legal education directly. HEC is a regulatory body of universities, it does not have any concern with legal education directly.

 

There is a need for the HEC to be working more closely with the PBC. It is also timely now, as a result of this feedback, for the PBC to be more attentive to the quality of legal education in Pakistan by taking more proactive initiatives rather than just waiting for the HEC to give instructions. Training is certainly needed for the legal education committee of the PBC to be well versed in higher education matters as well as for the HEC to have a representative from the affinity to serve on its committees too.

 

Basic legal education is LLB but HEC does not have any special involvement. But at the postgraduate level, which is LLM and Ph.D., the HEC does have a significant involvement for it has the authority to control the standard and quality of these programs. In other words, the sole ownership of legal education should be the priority of the PBC.  The public-sector universities do have LLM and Ph.D. programs, which have a check and balance system, which is ingrained within the university itself. But when private institutions start LLM programs, only the HEC has the authority to control their standards. This role of the HEC is main, while that role does not come under the Pakistan Bar Council or any other bar council for that matter. Definitely, there is a role of Higher Education Commission, as legal education is part of higher education. In addition, the HEC should form a committee and visit us, to take note of our faults, so we can all fall under the same umbrella there is no effective audit inspection by the PBC or the HEC on the institutions imparting legal education.

 

The teaching and learning method is a key factor in improving an education system. The education system is dependent on the cultural conditions of a country. Suppose a student from the rural regions of Punjab, comes to study and we start teaching him/her in Oxford-style English, then what will the student learn? So, to teach a student, we have to meet their level, whether be it in Urdu or Punjabi. So, we can’t negate culture.

 

Teachers’ representation in an education system is highly valuable. As an institution, as in the case of the Punjab University, which is a government university, they had a very small number of permanent staff, but their visiting faculty was quite big. A little more than 80 members of their staff were visiting lecturers and only around 10 to 12 of them were permanent staff”. This ratio of the permanent faculty and the visiting faculty was quite surprising. The board of governors appoints all the faculty members in the affiliated law colleges. All the faculty members were appointed for a trial basis of six months and if the faculty members satisfy the college administration in the mock trial, the college administration then hires him/her as a permanent staff.  That means the PBC has an iron rule here where permanent teaching staff who are in academia are not encouraged or even extended while the visiting faculty, obviously made up of the practicing lawyers are in big numbers. This is not healthy even though the input of the legal practitioners may be relevant and beneficial to the law students, lawyers should just focus on practicing law and academicians focus on teaching and the research and curriculum review, all of which only permanent staff can manage and do well because it is their expertise and their purpose as a teacher. The PBC needs to ensure that the advocates do not serve as part-time teachers because they cannot offer their 100% to the law programs or the teaching. There should be efforts to train the teachers and to have them be fully committed to their profession so that they can do their job well

 

The Supreme Court provided minimum requirements for the faculty members of law teaching institutions as the Heads of Law Departments and Deans of law colleges were required to either have a Ph.D. (with a minimum of eight years of teaching experience or legal practice in the High Court), or a Masters Degree (with a minimum of fifteen years of teaching experience or practice in the High Court) or to be a retired judge of the Supreme Court, High Court or a retired District & sessions judge (with five years of judicial service to his credit). Further requirements were also provided for the permanent and temporary faculty members of law teaching institutes. The court directs that, at least five permanent faculty members (having a master’s degree in law with 5 years of law teaching experience/practice experience in High Court or having a bachelor’s degree in law with 10 years of law teaching experience/ practice experience in High Court). Further, there shall be at least five visiting faculty members having 5 years of standing as Advocates of the High Court. The above standard ratio of permanent and visiting faculty shall be followed to meet the needs of up to 100 students. The main reason for the decline of legal education includes the poor quality of teaching faculty coupled with inadequate law college resources, facilities and infrastructure.

 

Earlier, it was also mentioned that the mock court and Clinical Legal Education are important aspects of legal education because both prepare law students for their law profession in courts. They have Law Moots in Universties . These is also conducted in affiliated colleges, but there is a need to improve this practice. They don’t have Clinical Legal Education. They do perform mock trials because mock trials give students the ability to learn how a courtroom session is conducted. Clinical Legal Education is implemented in many other countries but not here, they should try to implement it here as well.

 

All the law colleges/institutions were supposed to have provided Mock Courts and Clinical Legal Education opportunities for the students but Clinical Legal Education has not been implemented. Nonetheless, the mock courts are in place.

It is the responsibility of PBC to oversee the quality of the law institutes offering the law program and other criteria. Fees had been paid by the respective law institutes to the PBC for the law program in terms of recognition and affiliation. However, some standards such as Mock Courts and clinical legal education are not practiced. On the contrary the law institutes had not been inspected regularly by the inspection team of the PBC. It is possible that the agency does not have adequate facilities for it to conduct its duties. Hence, it is recommended that a directorate at the federal and the provincial level, to create a committee made up of experts and others are all good for the PBC to consider.

In general, the higher education system is based on research works, thus the academicians were asked about the research works being conducted in the law colleges/institutions. There is research work at the LLM programme as the programme itself is research oriented, students in LLM are required to write a dissertation, which we also call a thesis. However, nothing is done at the undergraduate level, there is no research work at the LLB programme. There is no research work done at most of the affiliated law colleges. Further, it can be concluded that the research contribution to legal education is almost none, there is no culture developed in the legal arena

The Higher Education Commission and the Pakistan Bar Council Committees to arrange regular interactions, students’ enrolment, attendance, and examination should be understood, removal of loopholes, there are lots of differences between documents and faculty on the ground, so both agencies should remove this conflict. Law colleges/institutions should be headed by academicians. College teachers should be given training in teaching methods before entering this field because good lawyers do not mean good teachers. Offer scholarships for students and teachers. Amendment and improvement in legal education rules.

There should be more regular faculty appointments to be selected based on merit. The five-year program should be successfully implemented. The curriculum should be reviewed every five years and the curriculum development committee should involve people with academic backgrounds. Foreign teachers could also be involved in this process. The scope of this field is very wide, even at an international level, as we also teach international law here.

It is suggested to implement the 5 year LLB programme. Second, quality based examination system, bring it to high standards, so that only committed people, they want to be lawyer can become part of it”.

To improve the quality of legal education, it would be better to introduce legal education from secondary education, in 12th grade, law should be offered as a subject, much like any other subject. The exam paper should also be made a little more challenging so that students have to work harder because the exam is more technical. Last thing, our curriculum is not research-oriented and at an undergraduate level it should be made a little more research-oriented.

The faculty members should understand the subjects very well so that when teaching takes place, students understand everything very well. The attendance should be strictly implementd.

The HEC and the PBC need to both be responsible for the legal education offered in Pakistan. These two agencies are not putting in enough effort for improvement, therefore, both agencies should be asserting more emphasis on the quality checks over colleges and both should be working together for the improvement and the betterment of the legal education system.

All these recommendations pointed to the need for both agencies to work together for the betterment of legal education in Pakistan.

Legal education in Pakistan is at a critical crossroads. While the 2018 Supreme Court judgment aimed to regulate and enhance the quality of legal education, its implementation remains partial and ineffective. One major limitation lies in the centralized and non-inclusive nature of legal education governance, alongside outdated and inconsistent modes of practical legal training. To address these gaps, this proposal offers a dual-pronged reform strategy that targets both regulatory structure and pedagogical methodology.

 

As the article concludes with the preceding paragraph following the discussion and analysis. Therefore, there are certain suggestions and recommendations highlighted below for the improvement and regulation of legal education :

Reform 1: Restructuring the Directorate of Legal Education (DLE)

1.1 Current Challenges

The Pakistan Bar Council currently oversees the DLE with limited input from other stakeholders. The lack of academic, judicial, and civil society representation limits policy innovation and institutional credibility.

1.2 Policy Recommendation

The Directorate of Legal Education should be reconstituted with formal representation from:

• Law faculties and deans of recognized public and private universities.
• Members of the superior judiciary (retired or serving judges).
• Representatives from civil society and legal NGOs.
• Student representatives nominated by the Higher Education Commission (HEC).
• Senior legal practitioners and bar associations.

1.3  Inclusive Representation in the Directorate of Legal Education

 

The Directorate of Legal Education should be restructured to include representatives from all key stakeholders in the legal education ecosystem. This includes members from academia, the judiciary, the legal profession, law students, and civil society. a Legal education directorate needs to be formulated, It is contended that such a committee should be headed by chairman with credentials of a Retired Supreme Court Chief Justice and its representation should include the Attorney General of Pakistan, Law Minister, Education Minister, HEC representatives, Chairman Legal Education Committee, PBC, Representative from Public Sector Universities imparting Legal Education, representatives from affiliated law schools to Public Sector Universities, Representative of Private Sector Universities, Representative of law schools imparting foreign law degrees and Four  lawyers/academia of eminence in legal education including one woman representative. . Furthermore, it should be the responsibility of this directorate to work over improving the severely deteriorating legal education system and regulate legal education of Pakistan. Such inclusive representation will ensure a more balanced, transparent, and forward-looking regulatory framework that reflects the diverse needs and challenges of the legal education sector in Pakistan.

 

1.4  Most of the academic education that imparts legal education is using law mooting for clinical legal education. It is not enough; therefore, it is suggested, that the academic institutions may incorporate clinical legal education by introducing new courses in their curriculum. As the UCP has introduced 5 Advocacy Skill courses for their law students in the syllabus. The result of introducing these courses is very significant in problem-solving and understanding practical legal applications and other institutions may also be HEC and PBC can also incorporate advocacy skills to equip the students with practical learning. HEC curriculum has Moot & Role playing and Internship in the last semester of LL.B but these two courses are not sufficient to meet the standard of clinical legal education as desired in the landmark judgment of the Supreme Court in Pakistan. To make up for the insufficiency advocacy skill courses may be incorporated into all the years of the LL.B curriculum.

 

1.5  At last, it is suggested that law schools and institutions can prepare their program objectives keeping in view the needs of clinical legal education. Then the course rubrics should be developed in line with the program objective so designed. Furthermore, the rubric of each course should be based on clinical activities. A few examples may include; in-class moot activity, in-class mock trials, simulation legal opinion writings and etc. Although, all the institutions are following the guidelines of the curriculum developed by HEC and PBC. Therefore, all other institutions can also use clinical legal education for the benefit of their students for skill development.

1.6  Expected Impact

• Enhanced transparency and accountability.
• Stronger alignment of education standards with practice requirements.
• Improved policy coordination between regulators and academic institutions.

2. Reform 2: Outsourcing Clinical Legal Education

2.1 Outsourcing Clinical Legal Education to Experts

Clinical legal education and practical legal training should be imparted by qualified legal practitioners, academic experts, and institutions with proven experience in experiential legal education. Rather than relying solely on the Pakistan Bar Council, these components should be outsourced to independent, specialized providers-such as NGOs, legal clinics, and university-based legal aid centers-to ensure quality, innovation, and relevance to contemporary legal practice.

2.2 Current Limitations

• Practical training is currently provided primarily under bar council supervision, with inconsistent quality and limited innovation.
• Students often graduate without adequate exposure to real-life legal practice or access to specialized legal clinics.

3.2 Policy Recommendation

Clinical legal education (CLE) should be outsourced to independent institutions with relevant expertise, including:

• University law clinics and legal aid centers.
• Human rights and legal empowerment NGOs.
• Accredited professional training institutions (e.g., LEAD, CEDR).
• Judicial academies offering hands-on court or mediation experience.

The Pakistan Bar Council should shift to a supervisory/accreditation role rather than direct implementation.

3.3 Implementation Mechanism

• Establish a CLE Accreditation Committee under the DLE.
• Develop a standardized CLE curriculum aligned with international best practices (e.g., ABA, CLEA, or UNODC modules).
• Allocate funding or grant support to universities and NGOs providing clinical programs.

3.4 Expected Outcomes

• Graduates with better litigation, advocacy, negotiation, and client-handling skills.
• Strengthened access to justice through student participation in legal aid services.
• Reduced disconnect between legal theory and practice.

5. Recommendations Summary

Reform Area	Recommendation	Responsible Stakeholders
Governance	Reconstitute DLE with inclusive representation	Pakistan Bar Council, HEC, Judiciary, Academia
Training	Outsource clinical legal education to experts	Law Faculties, NGOs, Training Institutions
Supervision	PBC to act as accreditor, not implementer	PBC, DLE
Curriculum	Develop standard CLE curriculum	DLE, CLE Experts

Conclusion

A legal system acts as a backbone of every modern civilization to defend civil liberties, interests, life, and property. For smooth functioning of the system, experts who can understand the laws, interpret and explain them to the common people are required to maintain law and order. An advocate speaks to mediate, negotiate and maintain diplomacy on behalf of others in a legal context.

Advocates are licensed to help express facts and opinions allowing them to understand the problems till resolution. They practice law and may be associated with a community volunteer organization, agency, or legal practice to offer help and support. They are provided with the necessary training to represent their clients and discuss legal issues privately.

They are apt in communication, based on research and analytical skills. Moreover, they have an upper hand in representing facts, have a profound understanding of regulations, rulings and statutes to make appeals, contracts, and legal documents (Lawyers: Salary, career path, job outlook, education and more).

A proper rule of law can be promoted if lawyers are trained properly. The sooner it begins, the more receptive the students will be.

 

Reforming legal education should be prioritized because lawyers are more prone to an open idea approach and are flexible in their initial stages of studies. Cutting-edge trends should be proposed, and awareness campaign programs should be marketed with academic and practical knowledge simultaneously. Awareness and training should be given to legal academicians and practitioners along with educational sessions for the HEC supervisors and personnel on the mandatory aspects of quality assurance and teaching mechanisms.

A modern and holistic approach along with an exclusive legal study program should be promoted that will generate efficient politicians, judges, legal experts, legal academics, and administration service (Asad & Petersen, 2019).

Incorporation of bar vocational training course, with detailed coverage of subjects ensuring professional skills, knowledge regarding the procedure, behavioral change, attitude and capacities to become a barrister should be stimulated. Lawyers should be well taught at an academic and vocational level to achieve a period of recognized training (Vocational Component of Bar Training, 2021).

The Pakistan Bar Council needs to execute and implement teaching techniques based on the UK model. As per the UK legal education system, standard codes reflecting quality have been specified with positive and constructive learning and teaching methodology.

Pakistan Bar Council Legal Education Rules (PBCLER) is designed by PBC for proper degree affiliation and recognition of awarding establishment. In 2018, a special committee was formed to monitor the legal education standard of institutions. The PBC LER 2015 however fails to address strategic points as to how to increase the quality standard of legal subjects delivered by local law institutions as part of the LLB curriculum.

High-quality research-based skills should be made part of the pattern, which has not been highlighted under this act. Moreover, it has failed to outline how to produce lawyers with top-notch legal skills that can significantly boost Pakistani administrative society generally and specifically the legal profession. The complete change in Bar Council’s outlook needs revolutionization to develop a professional cadre of legal professionals and academicians with the desired know-how.

The legal sector serves as the backbone in strengthening any country empowering social engineers to work together for nation-building. The working of Pakistan’s legal education needs serious considerations, which is gradually weakening due to the lack of commitment by universities as well as certified bodies.

There is a lack of well-defined and comprehensive standard policy for law degree curriculum, unconventional teaching modes, examination approaches, and university qualification, which needs attention along with the improper techniques of teaching, nonprofessional ethics, code of conduct, and non-inclination towards academic consideration. Therefore, with the lack of cutting-edge teaching approaches in law foundations and research in the legal sector, the legal education standard has neither escalated in the country nor the research department in the legal sector ever advanced. Consequently, society has failed to discern the value of legal academics and professors.

Pakistan requires legal education that must be socially relevant and justice-oriented which begins by stimulating a change in mindsets and attitudes to launch maximum level of quality in higher education. The path towards the quality improvement of legal education in Pakistan should be multifaceted requiring strong governance. In association with working bodies such as the Task Force, PBC, HEC, and other regulatory authorities in collaboration with abundant resources, restructurings within the system can be acknowledged.

The proposed reforms should aim to progress on commitment, visualization, capital, and motivation. Essential components should be taken from the legal community and law colleges without any compromise. Thus, for success in legal domain, authorities should proceed with critical and positive evaluation to streamline the legal education structure by affiliating it with international benchmarks making it more profitable for the upcoming lawyers.

 

Advocacy in Pakistan is evolving. As the legal system faces complex societal challenges, the role of a principled, skilled, and ethical advocate becomes more vital. This research underscores that successful legal practice is not just about knowledge-it is about character, communication, and continuous growth.

The Supreme Court of Pakistan improved the standard of legal education: On August 31, 2018, the Supreme Court of Pakistan issued a landmark judgment, the highlights of which are listed below. – 1. The mandatory bar examination and the Law Graduate Assessment Test (LAW-GAT). 2. Admission test for law schools (Law Admission Test) (LAT). 3. Prohibition on the conduct of LL.M. and Ph.D. in law classes by institutions that are not permitted to hold LL.B. classes. 4. Limit admission to LL.M. and Ph.D. programs in law and prohibit mushroom admissions to these programs by the Higher Education Commission of Pakistan’s criteria. 5. Annual and semester curriculum design for a five-year LL.B. program. (HEC and PBC) (Shah & Dhanapal, 2020). 6. Qualification of law faculty (both permanent and visiting). 7. Universities and law schools are given a limited number of seats. 8. Student-to-Faculty Ratio: 100 students =5 permanent faculty and 5 visiting faculty 9. Admission to a three-year LL.B. program is prohibited. 10. Prohibition of evening LL.B classes. 11. HEC Special Equivalency Exam for Law Graduates from Foreign Universities 12. Clinical Legal Education for Law Students and Bar Vocational Training Courses 13. Establishment of a Legal Education Directorate in collaboration with the PBC and HEC. 14. Immediate closure of unlicensed law schools. 15. Non-practicing allowance for permanent law faculty. (Shah & Dhanapal, 2020)

Clinical legal education in Pakistan has attained formal attention after the landmark judgment of the Supreme Court in 2018. The judgment laid down various standards for the improvement of legal education and emphasized the inclusion of professional training in the curriculum. Further, the judgment provided an impetus for law schools to take a step forward from traditional teaching to modern teaching methods by incorporating clinical legal education into their curriculum. Hence the need to evaluate the existing standards of legal education in Pakistan in the light of the judgment and to highlight the challenges being faced in this connection. Relying on secondary data available in the context of Pakistan, Qualitative methodology will be used to reveal the current trends and challenges in this research article. The paper will suggest solutions to cope with the challenges and present proposals to materialize the objective/s laid down in the supreme court judgment.

It is significantly concluded that the efforts made by the relevant authorities in Pakistan are a great step forward in revising legal education and its structural reforms. However, as we know that always there is room for improvement. So, it would be beneficial if Pakistan could implement curriculum changes as suggested in the landmark decision 2018 SCMR 1891 regarding clinical legal education methodologies in teaching and assessment of law students. As discussed, the previous literature has also suggested certain changes in different areas of legal education to improve the quality of legal education in Pakistan. But in this article, the researchers have focused only on the clinical legal education in Pakistan and find that it is not incorporated into the curriculum yet.

The modernization of Pakistan’s legal education system cannot proceed without structural reform and innovative delivery mechanisms. Including all stakeholders in the governance of legal education and empowering expert-led clinical training will pave the way for producing competent, ethical, and practice-ready legal professionals. These reforms will bring Pakistan’s legal education system in line with international standards and address the growing demands of a 21st-century legal landscape.

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