Legal Education & Legal Profession— An Introspection

 Though, Shri B. R. Nahata is physically no more with us, his fond memories as an eminent lawyer of the State, a politician, a legislator and an educationist with dedication to social service continue to survive and add fragrance to the earth and environment of this great township of Mandsaur, the place of abode of Lord Pashupatinath. Late Shri B. R. Nahata has been a monument of learning in law with ethics imbibed in professional practice. He specialized in criminal and election matters. He had several historical cases to his credit such as defending late Smt. Indira Gandhi before the Apex Court of the country and defending Shri P. C. Sethi, the former Chief Minister of the State, in an election battle. He was a member of Bar Council of Madhya Pradesh. As a Member of Parliament and as a Member of Legislative Assembly of the State, he contributed to giving shape to the destiny of the nation and of the State by framing the laws. He held eminent positions in the organization of Congress and, in that capacity too, contributed to the development of the State by shouldering the responsibility of preparing a project for development of Madhya Pradesh. Though, the cruel hands of destiny have deprived us of late Shri B. R. Nahata, it is satisfying to learn that his worthy son is following the footsteps of his late father, carrying his message ahead and who, as I learn, though thick in politics, yet keeps himself aloof of the evils of present day politics. This day I offer my homage to late Shri B. R. Nahata and thank the organizers of this memorial lecture — the Mandsaur Bar Association, Jawahar Lal Nehru Vidhi Mahavidyalaya and B. R. Nahata Smriti Sansthan, for commencing the series of lectures and giving me this opportunity of delivering the first lecture. I have chosen the subject of ‘Legal Education and Legal Profession — An Introspection’, as I think this theme would be a befitting tribute to the memory and mission of late Shri B. R. Nahata to whom both these subjects were dear to heart.  Significance of Legal Education Spiritually, it is believed that the life on the earth is regulated by the laws of the Lord or the Divinity. However, in a modern, civilized, democratic and political state, as the India is, it is the law of the laws — the Constitution of India, which has conferred freedom on us, the right to live with human dignity and conscience. Widespread and deeply pervasive network of the laws leaves hardly any human activity outside its net which is not governed by some law or the other. Birth, death and marriage have to be registered. There are laws on how to move or drive on the road, how to travel, where to smoke or not to smoke, what to eat and what not to eat, where to go and where to refrain from going and so on. The air which we breathe, the water which we drink and the food which we eat, the house in which we live in, whether rented or owned, are all governed by some or the other law. From a little child purchasing a rubber or pencil to a matured man travelling by air within or outside country — all are subject to some law. Law determines the boundaries of human behaviour which determines the limits of transgression as well as compliance. Everyone is supposed to know the law and the ignorance of law does not excuse anyone. So pervasive, complex and fast changing are the laws that somebody felt persuaded to place a sticker on his car bumper which read “Do it today; tomorrow it may be illegal”.  A definition of law is — “Law is nothing but rules of morality, ethics and common sense codified”. In a democratic society, it is said that laws are collective will of the people expressed through legislature. The Supreme Court has ruled that ‘rule of law’ is a basic feature of the Constitution. In short, if we have to live, we can live only by law. Education in law enables the citizens learning their rights and duties. A citizenry enlightened by law can be most effective organ capable of putting a check on abuses and misuses of laws. It can lay foundation of a nation whose citizens love justice, are law abiding and believe in just and lawful co-existence for all the members of the society. Howsoever just be the laws enacted, they cannot be effective in delivering effective societal justice unless they are put into action by a citizenry, well versed and well instructed in law. Hence, the justification for legal education not only for those who wish to take law as profession but also for those who wish to be responsible and enlightened citizens of a free nation. To learn the law everyone need not be required to go to a law school. Elementary knowledge of the basic laws and Constitution should be imparted to all students at secondary level of education. Mahatma Gandhi and several martyrs laid down their lives to earn the freedom. We have to preserve it. Thomas Jefferson, former U.S. President, once remarked : “If a nation expects to be ignorant and free, it expects what never was and never will be.” Education alone can erode ignorance. The UNESCO charter contains a very potent statement : “Since wars begin in the minds of men, it is in the minds of men that the defences of peace must be constructed.”  J. S. Rajput, Director, NCERT has stated in one of his articles that the entire world is talking today of fighting against the terrorism of various kinds — social, racial, economic, colonial, military etc. “The only right weapons and approaches would be information, knowledge and wisdom. All other weapons have outlived their utility. These are the days of mind power. Right education is the key to peace and prosperity.”  The legal education has two purposes to achieve  it shapes enlightened and responsible citizens of a democratic nation; it equips an aspirant to enter a profession which is one of the highly respected and lucrative in the world. Studying Law for a Career To the students of law I would like to emphasise a few issues.  Law as profession in the 21st century and with a march in the field of globalization has ceased to be a traditional profession. The days are gone when taking instructions in law could be an evening pastime. There were part-time teachers. Attendance could be by proxy and learning by heart a few questions and answers from guides or solved papers, for a month or two before taking examination, could suffice for passing. Mostly practice in law was considered to be hereditary where son having got a degree in law would inherit his father’s lucrative practice and continue the same for good or bad. Now, with the introduction of National Law Schools and five-years full time law courses, law is a specialized field of education. All good law schools and colleges have introduced entrance examinations where students are admitted by competitive test and on merit. Clinical education having been imbibed into course of study a degree in law dispenses with need for practical training afterwards. A degree-holder in law is almost equipped to embark into practice just as his counterparts in medical profession, engineering or chartered accountancy. With the indulgence shown by the Bar Council of India, armed with statutory power given to it by the Advocates Act, 1961, course of study in law is so designed as to meet the requirement of those who wish to take profession seriously by aiming at becoming lawyers and not by chance. Education in law is no more an option of last resort. It is now a coveted course of professional education.  A conventional lawyer used to develop more or less personal relationship with the client. He would be engaged by client to draft a plaint or a written statement and to act or plead for him only in Court of law. There were trial and appellate lawyers. In any case, their activities were confined to Court room preceded or followed by consultation and study in chambers or residential office. Now the role which a lawyer assumes is of a policy planner, a business advisor, a negotiator between groups having common interests, an expert in articulation and communication of ideas, a mediator, a lobbyist, a law reformer. With the widening horizons in the field of litigation and hitherto unknown fields entered into by lawyers and Courts of law such as sustainable development, environment sciences, cyber space law, genetic engineering, professional negligence, international legal disputes and intellectual property matters, one cannot think of becoming a successful lawyer solely by learning the law. He has to learn allied sciences and sources of knowledge. To defend a doctor in the case of professional negligence the lawyer ought to know something about medical science. To settle environmental disputes knowledge of bio-diversity and biotechnology is a must. To draft documents and treaties with international ramifications the lawyer ought to have a command over language and learn the art of articulation. All this requires a wide range of learning, continuing education and choosing the field of practice wherein one would like to specialize.  I would like to give a few tips to my young friends, the law students.  Work Hard The saying, as old as the legal profession itself, is that there is no royal road to success in profession. In law, to earn success, one has to live like a herm it and work like a horse. If you propose to choose law as a career be prepared for incessant hard work for all times to come. Remember nobody has felt tired or worn out by work. Rather, more you do the more it adds to your capacity to work.  Be Physically fit Vivekanand said a healthy mind lives in a healthy body. To copy with ever mounting pressure of work which the success in profession would tell upon you, prepare for that tomorrow from today only. You must have a sound physique and healthy body to bear the burden of higher responsibilities and facing the challenges of the strenuous profession.  Value theTime The most precious thing of the world is time. It is said : time and tide wait for none. Advancements in the field of science and technology have converted time into a commodity. You pay your telephone charges by time. You can purchase hours on Internet. In the big cities the lawyers charge their fees at a certain amount per hour or even per minute. In legal profession time, talent and wisdom are marketable commodities. They are displayed in the showcase and purchased by one who can afford to pay the price. Just as raw-material has to be preserved and can be available for producing the finished product so in legal profession time has to be saved for utilization in delivering the finished product.  Knowledge of English Language My mother tongue is Hindi and I advocate spreading the knowledge and recognition of Hindi. But the fact cannot be denied that English has become the chief global language. The world-over it has been accepted as the link language. The only language known to computers, in the world around, is English. Lucrative job opportunities in foreign countries or the multi-nationals arriving in India are open to young boys and girls. The Indians are preferred for their characteristic qualities and capacity to work hard. However, such opportunities cannot be availed by those who do not have a good command of spoken and written English. While the students should enrich themselves in their mother tongue they should not lag behind in learning English and should rather acquire good command over it which holds so much of promise for them.  Read Literature Reading literature gives width to vision. There is so much to read in law that one life may not be enough to complete reading the available literature in law. The books available in law consist of fundamentals of law, jurisprudential thoughts, legal research and biographies and auto-biographies of eminent judges and lawyers. It is inspiring to read them.  Knowledge of Computers Computers are indispensable and even on the day they have assumed such a significance that a student not conversant with computers is as bad as an illiterate person. We are heading towards paperless offices and bookless libraries. You must learn computers.  Develop a Hobby Every professional must have a hobby to divert and entertain himself and get rid of monotony. The best hobby for any one engaged in mental activity is music. It entertains, revigourates mental faculties and trains your mind to concentrate. In Delhi, I have seen the busiest of the professionals, specially senior advocates and judges, with their briefs in their study room, while engrossed in study — they listen to good music.  Look Smart I have read (In Ascent, TOI, 13-2-2002) — “Appearances count and first impressions can have a lasting effect on your career. According to a survey by UK based Roneo Systems Furniture, it takes just 30 seconds after meeting to form key impressions about an individual’s education level, career competence, success levels, personality, trustworthiness, social background and sense of humour.” Your dress may not be costly but it should be sober, neat and clean. Your trousers, coat and shirt which you put on must be well-stiched, well-washed and well-creased. Always bear a smile on your face and try to look as attractive as you can. An astute client would assess your worth in the first meeting and decide upon retaining you as his lawyer feeling impressed initially by your appearance and the impact of your personality.  Aim High Those who wish to enter the law as profession are often afraid of the crowd which they see in profession. There is no need to be nervous. The top is always vacant. The crowd is always at the bottom. One who aims high should not feel diffident by the crowd in profession.  A Word with Brothers in Profession I hold in very high esteem the lawyers who are already in profession specially the seniors. My late father was a lawyer. I have been a lawyer. At one point of time in my larger family including cousins there were 7 lawyers at a point of time. That is why I collect courage to have a free and open dialogue with the legal fraternity.  Historically the legal profession is a great profession and service to the nation. Lawyers have always led the society. Mahatma Gandhi, Motilal Nehru, Jawaharlal Nehru, Sardar Patel, Sir Tej Bahadur Sapru, Dadabhai Naurauji, Dr. Ambedkar, Alladi Krishnaswami Iyer, K. M. Munshi and a galaxy of others who fought for freedom and shaped the Constitution were all lawyers. We owe our freedom and the Republic of India to them. However, denigration and degradation in the professional standards cannot be denied. The moral values in the society are falling down day by day. Lawyers are part of the society and they cannot be aloof or away from the trend. I wish to place a few thoughts for your kind consideration :  Restore the lost glory of profession There is an essential difference between business and profession. Business aims at personal gain though incidentally it may serve the society. The principal goal of any profession is public service though incidentally it may earn gain and living to the profession. Of all the professions the legal profession has the largest social dimensions. The men of law have a predominant role to play in constructing and restructuring the society. Nurture the old traditions and lay down still higher traditions for future.  Self-Discipline Ever since the enactment of Advocates Act, 1961 the disciplinary jurisdiction of the High Court over the legal profession has come to an end. The Bar Councils are empowered to take disciplinary proceedings and correct the erring professional for themselves. The experience has not been very happy. Most of the State Bar Councils fail to conclude disciplinary proceedings within the appointed time and the proceedings are statutorily transferred to over burdened Bar Council of India which takes its own time. If we do not internally correct ourselves then outer agencies would intervene to correct us. To ‘correct ourselves’ is consistent with principles of democracy. It will be a sad day if outside agencies would intervene to correct us for our failure to correct ourselves. Strikes in law Courts at the drop of a hat, abstaining from work and seeking adjournments on slightest pretext are contributing to mounting arrears. No lawyer has justification to abstain from appearance once he has accepted the fees; otherwise he must return the fees and brief giving the client a reasonable previous notice. Without devlving much on this aspect I request you to have some introspection and give a serious thought to these issues in your silent moments.  Memorise, Modernize and March ahead While we continue to remember and practice what we have learnt in theory and practice, to keep pace with modernisation we have to have refresher and capsule courses. Human rights, intellectual property disputes, cyber crimes, GATT and TRIPS are opening new vistas in the profession and one must equip himself in the new branches of litigation so as to march ahead keeping pace with the trend of the times.  Develop second line/next Generation We all owe our duty to the next generation by training the juniors. Young entrants in the profession demand and deserve your attention, encouragement and generosity.  Social Service and Charity Actively involve yourself in the field of social and political activities of the society in which you live. Lawyers as a class are influential and resourceful lot — intellectually and economically. Their participation in social activities and politics would act as a deterrent to undesirable elements and keep the stream of the society clean and ever flowing. Also you must set apart a certain percentage of your earning every month for the purpose of charity.  Concluding Remarks It is said that success in professional career is 50% luck and 50% struggle. How this combination works?  Mahatma Gandhi, the Father of the Nation, used to say in his morning prayer, ‘O God! Enable me in taking first step in right direction, the rest will follow’. Shri Nani Palkhivala, the great lawyer and eminent jurist and versatile thinker, has written  “On the subject of destiny, let me state what I believe as briefly as possible.  First, I believe that the basic pattern of an individual’s or a nation’s life is predetermined.  Secondly, very few individuals have the gift of clairvoyance to foresee what is predetermined.  Thirdly, guidance is sometimes vouchsafed to receptive human beings by means for which there is no scientific explanation.  Fourthly, I do believe in the existence of free will but that again is within preordained parameters. To my mind, the simplest analogy to the case we are talking about is that of a dog on a long leash — the dog has the freedom to move about as far as the leash permits, but not beyond.  Pandit Jawaharlal Nehru expressed the same idea in more felicitous language. He was interviewed by Norman Cousins, the doyen of American editors, and a writer of high repute. After dealing with the political questions, Cousins put the last question somewhat as follows :  “You have a modern mind as a result of your upbringing in England, while your roots are in this ancient land. How do you reconcile free will and destiny?”  After pausing and pondering over the question, Pandit Nehru replied as follows :  ‘Both have a place in our life. The best analogy one can think of is to compare life with a game of bridge. The cards dealt to you are out of your control, but the way you play your hand is your free will. Given a good hand, you can still mess up the game, and vice versa.’  There have been examples of other men who have been humble enough to admit that they had reached certain positions in life not because they deserved them but because they were destined to attain them.”  Gandhi was a lawyer. We cannot all be Gandhi. But we can listen to and follow what Gandhi said. In whichever walk of life we go, our knowledge and wisdom shall be our guides. We shall have to fight against the ills and evils in society to make it a better place to live in. Gandhi had analysed the sins, their causes and cure, and then beautifully summed up, what has to be guarded against, in a timeless and universal quote. He said :  “Politics without principle; pleasure without conscience; commerce without ethics (morality); knowledge without character; science without humanity; wealth without work, and worship without sacrifice.”  Remember Gandhi and be on your guard wherever you may be.

Author Name: Hon’ble Justice R C Lahoti