Games that Lawyers Play in India

| July 4, 2013

Every profession has good and bad people. We are often requested by men to recommend a good lawyer. This is a very difficult request to fulfill, because we rarely come across any reliable consistent good lawyer. That does not mean, there are not good human beings in that profession, but we feel their number is very less. Hence, every person must be very careful, while dealing with lawyers.

This article is about the games that lawyers play. You can also watch the Hindi movie “Johny LLB” to learn these games, while you entertain yourself.

Most men, rich and poor think of going to a lawyer for consulting when they are in a marital problem. But, do lawyers really advise men properly? What are the stands of lawyers as far as misuse of dowry laws or section 498a is concerned?

To understand this, we need some reality check.

When Home Ministry changed CrPC (Code of Criminal Procedures) to stop arbitrary arrests of people in different crimes including section 498a, the lawyers started protesting. The CrPC 41 was related to police’s power of arrest. The amendments curtailed this power of police, if the crime has a sentence less than 7 years. One example is section 498a. The police has to give a notice of appearance to husband and his family instead of arresting them, when they are accused of section 498a cases. Do not believe  about this game of lawyers yet? Please read this article:

http://articles.timesofindia.indiatimes.com/2009-02-19/chandigarh/28049859_1_amendments-lawyers-strike-work-crpc

Amendments in sections 41 and 309 of CrPC led to the nationwide strike. Mohali District Bar Association president Manjeet Singh Chauhan said, “Criminal lawyers will be most affected if these amendments are put into force, as they will lose hefty amounts in the form of fees connected to bail.” President of District Bar Association, Panchkula, Ajay Chaudhary, added,”If needed, the strike will go on indefinitely.”

So, when men and their families are in danger of arrests and jailing in false dowry cases, the lawyers are always interested in making big money from the bail business. It is clear, in the fight between a husband and wife, the lawyers are the main beneficiaries.

It is well known that lawyers have often advised women to file false dowry cases to extort huge sums of money from husband and his families. If the husband gets ready to give a huge sum of money to wife as out of court settlement, both lawyers get a good commission out of it as fees without even fighting court cases. If the husband decides to fight back, then lawyers have to really do the work to earn their fees.

Now, one has to ask, who created all these anti-male laws? A good percentage of politicians are lawyers and they have created these laws and they continue to do so. They all belong to the same clan.

Apart from these, there are several other games that many lawyers play.

  • Most lawyers never give a clear picture of all possible legal scenarios to men. Instead they tell the man to just leave the whole matter to them. The man remains unaware and the lawyer uses some traditional standard templates to fight the cases, without bothering about specific issues in a particular case.
  • Most lawyers have 30 or 40 clients. So, they do not get enough time to work on each case and instead they depend on very standard templates for bail application, replies in maintenance cases etc. Usage of these templates with same standard counters or replies damages the cases substantially.
  • Many lawyers advise men to file for divorce, often by telling the lie that he will get divorce in a year or two. However, in India the contested divorce takes much more than that time. These men lose money and time running around courts. They live frustrated as wife’s lawyer keeps delaying for 5 or 6 years.
  • Most lawyers employ delaying tactics. When a man applies divorce, the wife’s lawyer can try to delay the case and he keeps taking date after date for years. The wife rarely appears in the court. The courts also tolerate this behaviour and create false hope.
  • Most lawyers do not tell their fees upfront for various services that they provide. If any exorbitant amount is quoted later, then the man ends up in a helpless situation.
  • We have seen many lawyers refusing to give NOC (no objection certificate) when you want to change your lawyer. This creates undue stress. As a man can not go to another lawyer without taking NOC from the current lawyer.
  • One of the dangerous games that some opponent lawyers play is to provoke the man in court premises using abusive language. If the man retaliates, then they gang up on him and assault him. The courts look other ways and rarely take any serious action to stop this criminalization.
  • Often lawyers do not fight back, even when a man has evidences of perjury or false cases filed by wife. Lawyers tend to remain in good books of judges and they think, if they aggressively work to send the woman to jail, then the judge may have an unfavorable opinion about them.
  • Many times lawyers do not even have enough citations, which makes many guys wonder, if most lawyers even know the law. Due to this, many Engineers and Doctors have chosen to fight their own cases without employing a lawyer and some of them even studied law.
  • Lawyer bodies often go on strike and they do not allow the courts to function. This harms men who are implicated in false cases during these strike periods.

Finally, as we talk about games that lawyers play, we should also talk a bit about the games that clients play. Sometimes clients think that litigation is cheap and they think of fighting cases by paying peanuts to lawyers. Then, in the end of the day, some good lawyers do need to earn the money for the work they do in highly crowded badly maintained Indian court rooms. Most guys have no idea about litigation costs or lawyers fees in metros, big cities and rural areas. So, guys should also get educated about these important aspects of litigation.

We will have another article, which will address the issue, “how to effectively handle your lawyer?”

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  1. manoj says:

    well done dear, very useful & strategic information, while dealing with Lawyers. Thanks again

  2. vinayak says:

    Good / beautiful write up

    What is that advert on the top that says save upto 70% lawyers fee ???

    00000000000000000
    Regards
    Vinayak

  3. vinayak says:

    ///////We have seen many lawyers refusing to give NOC (no objection certificate) when you want to change your lawyer. This creates undue stress. As a man can not go to another lawyer without taking NOC from the current lawyer./////
    ~~~~~~~~~~~~~~~

    this is NOT true. it IS possible to change EVEN if your old lawyer is NOT giving NOC

    Send a registered letter to the OLD / to be changed / lawyer seeking his permission to change to new lawyer . Wait for reply …say 1 week.. IF he does NOT reply, when appearing at the court the next time tell the judge you wish to change the lawyer for such and such reasons and you ask you next lawyer to file vakalat

    IT is as simple as that

    IF NO new lawyer is forthcomming read the law and appear party in person

    you can appear party in person even in criminal cases, I have blogged such cases (available on my twitter timeline)

    regards
    Vinayak

  4. Anand says:

    nice write up ,great observations .