DailyPost 2315

The nature of the practice of law and what is actually delivers, is law. It is something like the business model becoming the business itself and everything commercial revolves around it. Law is a methodology to provide justice and not an end in itself. For nearly all of us what we understand by law is some connect with the lawyer and together, this connect is presumed to have the capability to take you out of a legal crisis, crime and what not. The legal ecosystem for our understanding and perception is an interplay between the law and the lawyers and that depending on his expertise, he would bring favorable results from the court.

The intent, quality, and the process of enactment is none of our concern. The way law plays out is the final imprint we have. The investigators, prosecutors and lots of other stakeholders are not even thought of. In India, when we think of the lawyers we barely think of competent prosecutors. The State which fights a vast majority of cases, lots dealing with crime, individual’s rights et al are unfortunately handled by these famed prosecutors. At one end we have these prosecutors and government advocates and at the other end of the spectrum, we have lawyers who can put anyone’s fees and salary look like peanuts.

Unfortunately, when the government needs high end legal services, it goes to these iconic lawyers rather than relying on its battery of lawyers, the masses have to make good with them. It clearly puts a question mark on their quality. Equality before law and fair access to it, is negated by the lawyers operate in this country or are allowed to operate. The free legal services in whichever modality it exists, barely delivers anything worth its name. Law has a price, justice notwithstanding, it can still be stalled for a variety of reasons. The litigant population for no fault of their own, have to keep running from pillar to post, while the country still debates about the modalities to appointing judges in the higher courts in the country.

For all the State related cases mostly of political origin, there are the best lawyers to battle it out. It might also be a legal battle between two states, state and the centre and any number of issues related to government formation. They get also get a hearing at the earliest, at times in the middle of the night. Big criminal cases and corporate cases are also fought with the same elan and lawyers make a nature of money, which can put low judiciary’s physical / digital infrastructure to shame. One appearance can cost tens of lakhs, even preparation fee and travel cost is beyond the imagination of the common man. That is where the law resides. Few hundred lawyers across the country define the operation of law in the country. Rest is for popular perception.

Sanjay Sahay

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