The lies that they tell about lawyers

By J. L. Gupta

THE lawyer is an "intellectual washing machine." The judge is a lawyer who has been "benched." Both strive to serve the goddess of justice. Her throne is firm. Her sword is strong. But, she is blind. Her sword can fall on anyone. At any time. She acts without fear or favour. Without affection or ill-will. However, it is the effort of every lawyer, whether practising or ‘benched’, to ensure that the goddess does not turn a blind eye to injustice anywhere.

In India, this duty has been discharged with distinction.

And still, Michael Hartmann, the attorney from America, tells us that as a class the lawyers enjoy the third lowest grading in the public mind. Is he right? I recall a story.

A lawyer died. He was buried. The epitaph on the grave read: "An Attorney and a Gentleman." Somebody wondered, "How can there be two persons in one grave?" Ultimately, the lawyer reached the pearly gates. He was presented before St Peter. He bowed in absolute humility and prayed, "Father! Why have you called me so early? I am only 35." He was stunned to hear that according to the time sheets or the bills, his age was 95 years. Just then, he saw another person at the gate. The two started talking. Very soon the gentleman who had just arrived realised that he was facing a lawyer. He was a little surprised to see him at the gates of heaven. Unable to hide his true feelings, he asked: "Do you charge even for polite talk?" Without batting an eyelid the lawyer said, "A hundred dollars for three questions."

"Is it not too much?" asked the man.

"What is your third question?" was the attorney’s blunt query.

Before he could ask the third question, God summoned him to his chambers. Thus, he was able to save his hundred dollars. The lucky person happened to be the Pope. His Holiness was quickly admitted to heaven.Even the lawyer was let in. But, soon there was an issue. The Pope complained that he was not getting the attention that he deserved.

The attendant had a quick reply. "Your Holiness! We have a hundred Popes in heaven, but we have only one lawyer. We have got to pay attention to him."

The Pope retreated to his quarters. Thus ended the issue.

Such stories, are probably, symbolic of the common sentiment in America. Is it so even in India?

The lawyers in our country were in the forefront of our freedom struggle. Men like Nehru, Gandhi and Jinnah had made tremendous sacrifices. They had foregone their personal comfort and even families. They had suffered so that we could be free. They were totally selfless. They were patriots to the core. They could do anything for the country.

But what is the position now? Have the things not changed? Have we not got commercialised? Has not the love of money rather than men overtaken us? Has not profit become more important than propriety? Is not gold the almighty God today?

No! Just recall the days of the Emergency. Did the lawyers not wage a war against the authoritarianism that was sought to be imposed? Did they not fight till the battle was won? And some of them had even suffered. They were even put behind bars. Without a trial. The basic human rights were not enforceable. Still they did not relent. Ultimately they had won. As a result, an unwritten rule was made that the Emergency shall not be easily imposed again. It was not a small achievement.

And then, everyday the lawyers fight so that the social values, the rules of governance as enshrined in the Constitution can be followed. So that the laws of this land are not violated. This is no small job. Not an easy task. It is with effort of the advocates that poor workmen, helpless widows and millions of illiterate persons are able to raise their voice against the arbitrary exercise of power by the state. They are able to ensure that the state does not violate the law. They work hard so that the might of the state is not used to impinge upon the rights of the citizen. The lawyers are the standard bearers of liberty. They are the defenders of individual’s rights. They are the protectors of men and all else that matters.

But do they not work for only money? Do they not demand fabulous fees? Do they not make the seeking of justice virtually impossible for the poor? How can a daily wager who has lost his job pay for the counsel and the court fee? Do the prohibitive charges not shut the doors of the courts to the common man of this country?

The charges are unfair. The lawyers are professionals. They do not run charity houses. They sell their skill. The fee is their legitimate due. While every lawyer shall be ready and willing to help the needy, nobody can satisfy the greedy. No one can be expected to provide free service to everyone. The lawyers are entitled to claim the price for the labour. Those who seek professional help should be willing to pay for it. Why grumble about it? And better the lawyer, higher the rate. And those at the top have to put a higher price tag so as to regulate the work and maintain the standard of service and efficiency. This is for the good of all concerned.

And then, let us remember that the lawyers are also a product of society they live in. In an environment of declining values, the lawyers alone cannot constitute an island. Living in the midst of filth and squalor, corruption and crime, the lawyers alone cannot be expected to be the paragons of virtue and wisdom. They work hard. Earn by the sweat of their brow. Pay taxes. Some of the lawyers are virtually running one-man industrial units. They are amongst the highest tax-payers in the country. Their contribution to the financial resources of the country is significant.

And what does society give them in return? Virtually nothing. Basically brickbats. No social security. If a lawyer falls sick or is unable to work and earn, he gets no help. No free medical aid. He pays for even the simplest test in a hospital. Nothing is provided free. The taxes paid by him earn him no favour. No concession. No right. No privilege. If at all, only more problems. And still, we complain. We find fault with a person for whom we do nothing. We try to derive a sort of sadistic satisfaction out of mispronouncing the ‘lawyer’ as liar. It is not fair.

We are highly self-critical. Undoubtedly so. However, let us ponder before we point an accusing finger. At anyone. In particular, at the lawyers. Let us look within before we complain about others.

Let us not tell lies about lawyers anymore. For those are lies.