TELL ME WHY = By “Aggrieved Party” on “Lawyers, Courts and Legal System”

Judiciary was meant to ensure justice to all section of society and hence there is a very legend statement is made when the role of judiciary comes at any point of time i.e., Law is equal for everyone. Well now it is biggest joke and infact everyone has realised how it is a biggest joke and how judiciary has proven to be only meant for Rich persons and those who have higher reference. There are many examples and the best example to know how Judiciary plays different is the case of Bollywood Actor Salman Khan wherein an Appeal was filed to his trial court conviction. It was hardly an hour he was convicted but his appeal was submitted and filed and he got the stay in less than a day. Imagine how many people get this type of justice. This uneven play of Judiciary has only added to the already bad mindset amongst the Aggrieved Party has against the Legal System and the way it works. 

Irrespective of Judiciary being not equal but that does not take away the fact that still the Judiciary has brilliants Judges, Lawyers who has till this date uphold the dignity of the Judiciary System and due to this, for whatever reasons, public at large still have this sense of belief of they getting relief from the Court. There is a very famous dialogue from Bollywood Movie “Jolly LLB Part 2” wherein the statement was made that “when the people don’t get any relief or help from anywhere, then they say I will see you in Court”. This itself gives the biggest reply to negative image the Judiciary has been developed. 

Here in this Article, I have tried to cover this point which is normally heard by the Aggrieved Party when they are asked why you don’t consult lawyers, why don’t you approach Court for relief, etc. This is very common and the reason I have made this to give a clarification as to why taking Legal Advice or approaching Court will help in loads and not have any bad impact in majority times in you and your organisation: 

Q.1] Tell me why, I shall believe in Law when we all know that Law is only for Rich and VIP

The reasons is that for certain section of bad people, still the Judiciary is on higher end and infact you will find from various steps Supreme Court or High Court takes for citizens of India and hence you shall never have zero hope from Courts. 

Remember even in Business you will find Gangs, Association favouring certain section but still you fight and run your business, same is the case with Courts. 

Q.2] Tell me why, what benefit I will get from seeking Legal opinion for any matter 

Benefit is never counted in terms of any fixed amount but it is seen from future aspects. 

Remember, you signing the Agreement for Sale for purchase of property without Legal opinion may leads to your investment to ZERO and there are many cases to prove this. To share one example, there was a business being run by two person having all licenses in one name and there was no agreement to show they are partners and in this the whole of factory and materials caught fire and now the other party negates of being partner but just a money lender and hence all the losses are now borne by the party whose name is there in the license, bank account, etc. 

Legal Opinion is nothing but a way to understand whether you are in correct direction or not

Q.3] Tell me why, I shall approach Court for my concern as the Court takes years and years to resolve the matter 

True to what you are saying but are you aware that the Courts are always keen to close the matter and hence if you  are under the guidance of experience and skilled lawyer, be ready and assure that you will get your result quickly and timely and also to your satisfaction in major wise. 

Remember there will always be dispute and it bounds to happen even after execution of agreement but that does not take away the fact that you can always act in more mature manner and seek the path to ensure avoiding dispute and this is where a good skilled negotiator comes in picture and if the negotiator is from legal background it just help little more. 

There are ways to close the dispute in quick time but this is where Legal Strategy comes in picture and hence if you take the Legal assistance at very first instance you will never be in a bothered situation. 

Q.4] Tell me why, I shall approach Lawyers assistance as I found they never update upfront on our matter in the Court

Well, you might have faced problem and there is no doubt that this is an act of being an unethical lawyer but you cannot assume that all are like this. 

You will be happy to know that Government and Judiciary are on each passing day taking the Court and its process online and now as on date all the matters are being updated online. Assuming there is no update, but it is upto you to choose the lawyer you feel or suits to your mind. This is where the Referral comes in picture

Q.5] Tell me why, I shall believe in court as I don’t have money to fight the case and hence cannot appoint Lawyer

Well, you be informed that there is a system of Legal Aid and assuming you feel that you are not being given the Legal Aid write a complaint directly to High Court of respective state or bench or Principal Judge in District court or Local Lawyer Bar Association President. Trusts me your answers will be reverted and closed within quick time 

Q.6] Tell me why and what I will lose if not taking legal help 

You can find many cases where not taking legal assistance at right time has caused monetary loss, family issues widening which then later is not in a position to cope up. It is not that you shall take legal assistance all the time but remember having a legal person side by you acts as a big relief to you at all the times and this make you free to take right decision all the time

Q.7] Tell me why the Lawyers fee are not regulated 

This is a real concern and infact is debated in the courts and your concern is a real concern but this again depends on you to ensure the best within your pocket and this shall not act as negative to not taking help of lawyers 

Q.8] Tell me why Lawyers are not held responsible for disposed/dismissed cases

Well, you shall know that even the Government had a thought and they did included Advocate under the parameters of Consumer Protection Act but due to strike and major opposition from Lawyers community this is as of now struck off. Let me share you from my aspect as to why Lawyers are not held responsible as if made in general then all cases which are lost will again come in court and dismissal is not certain but uncertain and hence there is no definite reasons for lawyers to do this. 

Q.9] Tell me why, I am paying court fees for recovering my own money from court

Well, this is even I am of the view be strike off as there is no fee being charged in Arbitration, MSME and or NCLT but in Summary Suit, Civil Suit. I strongly believe that this shall be strike off but it cannot be done at single strike but mostly we can see that coming soon

Q.10] Tell me why, there is no database of all Lawyers to know whether they are registered member of Bar or not

There is a website taking care of this but even I feel they shall have a website with full details of the lawyers with picture

Q.11] Tell me why, there is a system of filing an appeal to appeal on each order

Well the intention of appeal was and is good but no doubt this is now just a tactics of mere delay and this has to be addressed but that does not mean that in all matters appeal is filed. Remember having a Legal strategy planned and then fight for, there will less chances of appeal

Q.12] Tell me why I believe that order passed by Court will be implemented by opposite party

Not implementing chances are less so it is necessary to fight for and get the order

This above are the basic query all Aggrieved Party has against Lawyers and Law and I have just tried to convey them in a simple manner as “Aggrieved Party” shall understand that Lawyers in business is an Asset and Lawyers in personal is more than a good advisor in all aspects as it is the laws that governs our each step.