DR.

RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY

FINAL DRAFT OF

ENGLISH
On: A RESEARCH PAPER ON ROLE
OF LAWYERS AND JUDGES IN
LEGAL EDUCATION
Submitted to:

Submitted By:

Dr.Alka Singh

Akash Aditya

Assistant Professor

Roll no:17

DR. RMLNLU

Acknowledgement

BA LLB (Hons.)

First of all, I would like to thank Dr. Alka singh for giving me this
opportunity to make the project on such an immense topic and all the
support and guidance that I have received from her, without which this
project could not have turned into a reality. I would also like to thank all
my colleagues and seniors for providing me support and material facts
and figures related to this topic. Last but not the least, I would like to
thank my parents for providing me appropriate guidance and support to
prepare the project. All the above mentioned people have very whole
heartedly helped me to make this project in the present shape.

-Akash Aditya

Table Of Contens

INTRODUCTION

Lawyers also called attorneys act as both advocates and advisors in our society. As advocates they represent one of
the opposing parties in criminal and civil trials by presenting evidence that supports their client in court. As advisors,
lawyers counsel their clients as to their legal rights and obligations, and suggest particular course of action in
business and personal matters. When acting as advocates and advisors, all attorneys interpret the law and apply it to
specific situations. Lawyers perform in depth research into the purposes behind the applicable laws and into the
judicial decisions that have been applied to those laws under circumstances similar to those currently faced by that
client. Lawyers must deal with the people in a courteous, efficient manner and not disclose matters discussed in
confidence with the client. There are some lawyers concentrating in the emerging field of Intellectual Property.
These lawyers help protect clients claim to copyrights, art work under contract, product designs and computer
programs. Some lawyers work for legal aid societies- Private, nonprofits organisations established to serve
disadvantaged people. A relatively small number of trained attorneys work in law schools. Most are faculty
members who specialize in one or more subjects, and others serve as administrators. Some work full time in nonacademic settings and teach part time. Some lawyers become judges, although not all judges have practiced law.
Judges, as said they apply the law. They oversee the legal process in courts of law, resolving civil disputes and
determining guilt in criminal cases according to local, Federal and State statutes. Judges preside over trials or
hearings and listen as attorneys representing the parties and argue their cases. Judges also work outside the
courtroom in chambers. In their private offices, judges read documents on pleadings and motions, research legal
issues, hold hearing with lawyers, write opinions and oversee the courts operations. Judges duties vary according to
their extent of jurisdictions and powers. Often judges decide cases when the law does not require a jury trial, or
when the parties waive their right to a jury. Judges instruct juries on applicable laws, direct them to deduce the facts
from the evidence presented, and hear their verdict. Judges sentence those convicted in criminal cases in many
States. They also award relief to litigants including where appropriate, compensation for damages in civil cases.
Traffic violations, misdemeanours, small claims cases, and pre-trial hearings constitute the bulk of work of these
judges but some States allow them to handle cases involving domestic relations, probate, contracts, and selected
other areas of law. Running a court is like running a small business and the judges manage their courts
administrative and clerical staff too.
Thus we see that both the lawyers as well as the judges are indispensable for the society. Its not possible that the
society can develop without the assistance of any one. For some purposes lawyers are of great importance and for
some purpose judges are important but to reach to the courts we need to consult judges as they provide us with
information and counsel us according to our needs and lead us to a right direction. Thus for the society both are as
important as the other one.

ROLE OF LAWYERS IN LEGAL EDUCATION

A lawyer according to Blacks Law Dictionary, is a person learned in the law; as an attorney, counsel or solicitor; a
person licensed to practice law. Law is the system of rules of conduct established by the sovereign government of a
society to correct wrongs, maintain the stability of political and social authority, and deliver justice. Working as a
lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized
problems, or to advance the interests of those who retain lawyers to perform legal services.
Some of the tasks of lawyers are as follows:
Oral Arguments in courts
Arguing a clients case before a judge or the jury in a court of law is the traditional province of Advocates in some
civil law jurisdictions. In countries like the United States, that have fused legal professions, there are trial lawyers
that who specialize in trying cases in courts but trial lawyers do not have De jure monopoly like barristers. In some
countries, litigants have the option of arguing pro se, or on their own behalf. It is common for litigants to appear
unrepresented in certain courts like small claims courts indeed, many such courts do not allow lawyers to speak for
their clients in an effort to save money. In Venezuela, no one may appear before a judge except the lawyer because
the lawyers are familiar with the courts customs and procedures and make the legal system more efficient as
unrepresented parties always damage their own credibility or slow the court down as a result of their inexperience.

Client intake and counselling

An important aspect of a lawyers job is developing and managing relationships with clients. The client- lawyer
relationship often begins with an intake interview where the lawyer gets to know the client personally, discovers the
facts of the clients case, clarifies what the client wants to accomplish, shapes the clients expectations as to what
actually can be accomplished, begins to develop various claims and defences, and explains his or her fees to the
client.
In England, only solicitors were traditionally in direct contact with the client. The solicitor retained a barrister if one
was necessary and acted as an intermediary between the barrister and the client. In most cases a barrister would be
obliged, under what is known as the cab rank rule, to accept instructions for a case in an area in which they held
themselves out as practising at a court in which they normally appeared and in the normal rates.

Legal Advice
Legal advice is the application of abstract principles of law to the concrete facts of the clients case in order to advise
the client as to what should they do next. In many countries, only a properly licensed lawyer may provide legal
advice to clients for good consideration, even if no lawsuit is contemplated or is in progress. Therefore,
conveyancers and corporate in house counsel must first get a license to practice, though they may actually spend
very little of their careers in court.

In other countries, jurists who hold law degrees are allowed to provide legal advice to individuals and to
corporations, and it is irrelevant if they lack a license and do not appear in court. In many countries non-jurist
accountants may provide what is technically legal advice in tax and accounting matters.

Conveyancing
It is the drafting of the documents necessary for the transfer of the real property, such as deeds and mortgages. In
some jurisdictions all real estate transactions must be carried out by a lawyer. Such a monopoly is quite valuable
from the lawyers point of view; historically, conveyancing accounted for about half of Englich solicitors income
and a 1978 study showed that conveyancing accounts for as much as 80 percent of solicitor- client contact in New
South Wales. In some civil law jurisdictions, real estate transactions are handled by civil law notaries. In England
and Wales, a special class of legal professional- the licensed connveyancer is also allowed to carry out conveyancing
services for reward.

Prosecution and defense of criminal suspects

In many civil law countries, prosecutors are trained and employed as part of the Judiciary ; they are law trained
jurists, but may not necessarily be lawyers in the sense that the word is used in the common law world. In common
law countries, prosecutors are usually lawyers holding regular licenses who simply happen to work for the
government office that files criminal charges against the suspects. Criminal defense lawyers specialize in the defense
of those charged with any crimes.

ROLE OF LAWYER AS AN ADVISOR AND COUNSELOR

The Preamble to the Minnesota Rules of Professional Conduct (MRPC) identifies four main functions performed by
attorneys. Most people understand that lawyers act as advocates for their clients interests and negotiators on their behalf,
and indeed these are two of the major roles set out in the Preamble. Lawyers also act as evaluators of their clients legal
affairs. The fourth function that the lawyer perform is that of a counsellor or advise to their clients.

CLIENT COUNSELLOR

Just what does it mean to be an advisor consistent with the ethic rules? In representing a client, a lawyer shall exercise
independent professional judgment and render candid advice. In rendering advice a lawyer must not only look to the law
but also to other considerations such as moral, economic, social and political factors that may be relevant to the clients

situation. Of special note is that the role of advisor is not in fact mandatory, but once advice is requested then
independent and candid advice is mandatory. There are some rules in favour of this point which are as follows:
1.
2.

In general a lawyer is not expected to give advice until asked by the client.
A lawyer should not be deterred from giving candid advice by the prospect that the advice will be
unpalatable to the client.
3.
When a request is made by the client inexperienced in legal matters, the lawyers responsibility as
advisor may include indicating that more may be involved than strictly legal considerations.
4.
When a matter is likely to involve litigation, it may be necessary to inform the client of forms of
dispute resolution that might constitute reasonable alternatives to litigation.
5.
Where consultation with a professional in another field is something a competent lawyer would
recommend , the lawyer should make such a recommendation.
There are some limitations in the rules on an attorneys ability to provide advice. The rule states that a lawyer shall not
counsel a client to engage , or assist a client, in conduct that a lawyer knows is criminal or fraudulent, but a lawyer may
discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to
make a good faith effort to determine the scope, validity, meaning or application of the law.
The Restatement Third, The Law Governing Lawyers, section 94, defines counselling for the purposes of the rule as
meaning to provide advice to the client about the legality of contemplated activities with the intent of facilitating or
encouraging the clients action.

ROLE OF LAWYERS IN SOCIAL NORM CHANGE MOVEMENTTOBACCO TO CHILDHOOD OBESITY

PREVENTION
Lawyers have played a role in many public health campaigns- from gun control to environmental justice to vehicle,
workplace, and product safety. The California Tobacco Control Programme recognized that legal expertise is vital to
sound policy development, so it carved out a special role for lawyers in California tobacco control movement:
providing access to legal resources that support the development of legally viable, enforceable, and defensible state and
local laws.
In 1997, the CTCP founded the Technical Assistance Legal Center (TALC) as a legal resource for the tobacco control
movement in California. TALC does not represent clients, bring lawsuits or negotiate deals. Instead TALC provides
legal assistance to community organisations, local and state health department employees, government attorneys,
elected officials and their staff, and others working to denormalize tobacco use through state and local legislation.
TALC doesnt drive the agenda. Rather it follows the lead of grassroots stakeholders and statewide opinion leadersidentifying and addressing legal issues that arise from their policy goals and their experience developing and
implementing these goals.

TALC developed a legal technical assistance model that it has tested and refined for more than a decade. This model
breaks down into 5 parts: conducting legal research and writing, developing model ordinances and policies, creating
user friendly tools, providing training, and providing one- on- one technical assistance.
MODEL ORDINANCES:
Firstly, TALC develops model ordinances for local governments to adopt (and model policies for institutions to
adopt) to supplement existing state law and help advocates push the tobacco control agenda forward from the
grassroots level. A classic example is TALC's model local tobacco retailer licensing ordinance. Tobacco control
advocates notified TALC that retailers were disregarding California state laws prohibiting the sale of tobacco
products to youth. State and local law enforcement officials were not prioritizing sales-to-youth laws because of
budget limitations and competing responsibilities. In response to this problem, TALC developed a model local
ordinance requiring every tobacco retailer to obtain a license to sell tobacco. The license can be revoked if the
retailer violates state sales-to-youth or other tobacco control laws.

USER FRIENDLY TOOLS:

TALC lawyers realized early on that although government attorneys appreciate the depth and technicality of TALC's
model ordinances, non lawyer stakeholders want concise and accessible print resources that highlight available legal
and policy options. The third part of TALC's legal technical assistance model involves creating practical tools
including fact sheets on specific legal topics, checklists representing the key components of TALC model
ordinances, how-to memos, and a booklet summarizing the tobacco-related laws that affect California; examples are
available at http://talc.phi.org. TALC produces these tools with the assistance of graphic designers so that they are
visually appealing and memorable to readers.

TRAINING:
The fourth part of TALC's legal technical assistance model entails offering group training for its model ordinances
and tools. TALC hosts its own teleconference and in-person trainings, and TALC attorneys speak at dozens of
conferences each year. In a typical TALC presentation, the speaker walks the audience through a given model
ordinance and its accompanying tools and shares lessons learned about what has been effective in the field.

ONE ON ONE TECHNICAL ASSISTANCE:

Finally, TALC attorneys are available to provide direct technical assistance to stakeholders who write or call.
Requests for technical assistance from advocates and others range from basic questions about, for example, the

legality of an ordinance banning tobacco billboards in a locality to more in-depth requests for help tailoring a model
ordinance to the needs of a given community.
Through TALC's 5-part model of legal technical assistance, public health attorneys have strengthened the capacity of
stakeholders in the California tobacco control movement to use the law to create social norm change in their
communities.
Thus these are the role of lawyers in educating people and passing laws regarding tools that are harmful for the
society. Thus lawyers role is not limited to only fighting cases on behalf of their clients but also educating people
and protecting them from disastrous material and things.

JUDICIARY AND ITS ROLE

Law is a mean to achieve an end, and that is justice. If this end is to be achieved law cannot remain stagnant. It has to
be dynamic and must change according to the transition of the society.
Constitutional Law cannot be an exception of this general Law of Change. It must replace the outdated norms and must
baptize the new ones to protect human rights.

The task of interpreting the constitution has been assigned to the judiciary. The Judiciary in India enjoys a very
significant position since it has been made the guardian and the custodian of the Constitution. It is not only a watchdog
against the violations of fundamental rights, guaranteed under the Constitution and insulates all persons, Indians and
aliens alike, against discrimination, abuse of State power, arbitrariness etc. rather, as James Medison, one of the
founding fathers of the American Constitution once said, the Judiciary in India is truly the only defensive armour of the
country and its constitution and laws. If this armour were to be stripped of its onerous functions it would mean, the
door is wide open for nullification, anarchy and convulsion. Liberty and Equality have well survived and thrived
in India due to the pro-active role played by the Indian judiciary. One of the most important principles of just
democratic governance is the presence of an independent judiciary, which allows citizens to seek protection of their
rights and redress, against the government actions. These limits help make the three branches of the government
accountable to each other and to the people. An independent judiciary is important for preserving the rule of law and is,
therefore, the most important facet of good governance.

In recent times the judicial attitude has changed with the signs of time. To analyse the present system, it becomes
imperative to consider the role of judges in the present system too as neither of the two can be analysed in isolation
sans the other. It is the role played by the judges that has given rise to the present judicial system. We see that the

judiciary has now come forward with a new look by giving an introduction of its pro-activeness through judicial
activism, it has started giving primacy to public interest over private interest by encouraging public interest litigation, it
has also expanded the scope of various rights like right to life, etc.

The rule of law, one of the most significant characteristics of good governance prevails because India has an
independent judiciary that has been sustained, amongst others, because of support and assistance from an independent
bar which has been fearless in advocating the cause of the underprivileged, the cause of deprived, the cause of such
sections of society as are ignorant or unable to secure their rights owing to various handicaps, an enlightened public
opinion and vibrant media that keeps all the agencies of the State on their respective toes.

Indian Judiciary has been pro-active and has scrupulously and with immense zeal guarded the rights which are
fundamentally necessary for the human life and existence. The scope of right to life has been enlarged so as to read
within its compass the right to live with dignity, right to a clean and healthy environment, right to humane conditions of
work, right to education, right to shelter and social security, right to know, right to adequate nutrition and clothing and
so on.

The Supreme Court has, down the years, elaborated the scope of fundamental rights consistently, strenuously opposing
intrusions into them by agents of the State, thereby upholding the rights and the dignity of an individual, in true spirit of
the concept of good governance. In various cases, the Court has issued a range of commands for law enforcement,
dealing with an array of aspects of executive action and of the police.

Judicial Activism is the rising of the judiciary to the pressing demands of the time and occasions under circumstances
adversely and almost irreparably affecting the social and political fabric of our society. Judicial Activism is now a
central feature of every political system wherein adjuratory powers rest in a free and independent judiciary, in order to
evolve law in consonance with the changing needs and aspirations of the society and to serve the cause of natural
justice.

The Supreme Court was generally very cautious upto 1960s in limiting the executive authority. But after the
nightmarish experience of the emergency, the judiciary has become more aware of the dangers of executive tyranny
in India. It is under such circumstances that the courts have to assume the responsibility of stepping into the domain
of Legislature and executive in order to correct them either by taking sue motto cognizance of the matter or through
the instrument of Public Interest Litigation.

In recent years, the Judicial Activism in its true form started when Justice J.S. Verma was the Chief Justice who
galvanized the process and Justice Kuldeep Singh delivered some landmark judgments in irregularity in petrol pump
allotment case and allotment of government premises in Delhi.

Judicial Activism has also helped in protecting our environment and preserving the rich heritage of our country. In
M.C. Mehta vs Union of India. The Apex Court ordered the closure of tanneries at Jajinan near Kanpur which were
polluting the Ganga. An another case of M.C. Mehta v. Union of India (pollution of Taj Mahal Case). Justice Kuldeep
Singh, known as Green Judge for his decision on pollution held that 292 polluting industries locally operating in the
area are the main source of pollution and directed them to change over within fixed time schedule to natural gas as
industrial fuel. This was done so because the industries were causing degradation of Taj Mahal due to the atmosphere
pollution caused by chemically hazardous industries, established and functioning around Taj Mahal.

JUDICIARY AND PRISONER PROTECTION

(i) Reiterating the view taken in Motiram and ors v. State of M.P. the Supreme Court in Hussainara Khatoon and ors
v. Home Secretary State of Bihar, expressed anguish at the travesty of justice on account of under-trial prisoners
spending extended time in custody due to unrealistically excessive conditions of bail imposed by the magistracy or the
police and issued requisite corrective guidelines, holding that the procedure established by law for depriving a person
of life or personal liberty (Article 21) also should be reasonable, fair and just.
(ii) In Prem Shankar Shukla v. Delhi Administration, the Supreme Court found the practice of using handcuffs and
fetters on prisoners violating the guarantee of basic human dignity, which is part of the constitutional culture in India
and thus not standing the test of equality before law (Article 14), fundamental freedoms (Article 19) and the right to life
and personal liberty (Article 21). It is observed that to bind a man hand and foot fetter his limbs with hoops of steel;
shuffle him along in the streets, and to stand him for hours in the courts, is to torture him, defile his dignity, vulgarise
society, and foul the soul of our constitutional culture. Strongly denouncing handcuffing of prisoners as a matter of
routine, the Supreme Court said that to manacle a man is more than to mortify him, it is to dehumanise him, and
therefore to violate his personhood.
(iii) In Nilabati Behera Alias Lalita Behera v. State of Orissa, the Supreme Court asserted the jurisdiction of the
judiciary as the protector of civil liberties under the obligation to repair the damage caused by officers of the State to
fundamental rights of the citizens, holding the State responsible to pay compensation to the near and dear ones of a
person who has been deprived of life by their wrongful action, reading into Article 21 the duty of care which could not
be denied to anyone.

(iv) In Delhi Domestic Working Women v. Union of India & Others, the Court asserted that speedy trial is one of
the essential requisites of law and that expeditious investigations and trial only could give meaning to the guarantee of
equal protection of law under Article 21 of the Constitution.
(v) In D.K. Basu vs State of West Bengal the Court found custodial torture a naked violation of human dignity and
ruled that law does not permit the use of third degree methods or torture on an accused person since actions of the State
must be right, just and fair, torture for extracting any kind of confession would neither be right nor just nor fair.

JUDICIARY AND WOMEN

In Vishaka & ors. v. State of Rajasthan & ors., our Supreme Court said, that, gender equality includes protection from
sexual harassment and right to work with dignity, which is a universally recognized basic human right. In the absence
of domestic law in the field, to formulate effective measures to check the evil of sexual harassment of working women
at all workplaces, the contents of international conventions and norms are significant for the purpose of interpretation
of the guarantee of gender equality, right to work with human dignity in Articles 14, 15, 19(1)(g) and 21 of the
Constitution and the safeguards against sexual harassment implicit therein and for the formulation of guidelines to
achieve this purpose. This is done in exercise of the power available under Article 32 for enforcement of the
fundamental rights and it is further emphasized that this would be treated as the law declared by the Supreme Court
under Article 141 of the Constitution.
The aforesaid cases are only few examples from numerous judgments concerning human rights. Playing a pro-active
role in the matters involving environment, the judiciary in India has read the right to life enshrined in Article 21 as
inclusive of right to clean environment. It has mandated to protect and improve the environment as found in a series of
legislative enactments and held it to be a State duty to ensure sustainable development, where, common natural
resources were properties held by the Government in trusteeship for the free and unimpeded use of the general public
as also for the future generation.

JUDICIARY AND ENVIRONMENT

The Court has, time and again, expressed concern about the impact of pollution on our ecology in present and in the
times to come and the obligation of the State to anticipate and prevent the causes of environmental degradation and to
secure the health of the people, improve public health and protect and improve the environment.

JUDICIARY AND ELECTION CANDIDATURE

Further, the Indian judiciary has made significant contributions through various pronouncements to check any
loopholes and any possibilities of abuse of the power by the election candidates. The criminalisation of politics has
been one smouldering issue since it has an immediate bearing on the choice of the candidates in an election and goes to
the root of expectation of good governance through elected representatives. Treating the right to vote as akin to
freedom of speech and expression under Article 19 (1) (a) of the Constitution and enforcing the right to get information
as a natural right flowing from the concept of democracy, in the case of Union of India vs Association for Democratic

Reforms and Another., the judiciary brought about a major electoral reform by holding that a proper disclosure of the
antecedents by candidates in election in a democratic society might influence, intelligently, the decisions made by the
voters while voting. Observing that casting of a vote by a misinformed and non-informed voter, or a voter having a one
sided information only, is bound to affect the democracy seriously, the court gave various directions making it
obligatory on the part of candidates at the election to furnish information about their personal profile, background,
qualifications and antecedents.

JUDICIARY AND EDUCATION AND MINORITY RIGHTS

In the field of education and the rights of minority, there are various judgments in last about 50 years which have
contributed immensely in both these fields. T.M.A. Pai Foundation & Ors. vs State of Karnataka & Ors, Islamic
Acadamy of Education & Anr. vs State of Karnataka & Ors. and P.A. Inamdar & Ors. v. State of Maharashtra & Ors.
led to the insertion of Article 15(5)]21 in the Indian Constitution. The Supreme Court has time and again held that
fundamental rights are primary rights necessary for the development of human personality and these rights enable a
man to chalk out his own life in the manner he likes best. It has said that, fundamental rights are given a
transcendental position under our Constitution and are kept beyond the reach of the Parliament.

JUDICIARY AND THE POLICE

The Police and other investigating agencies are insulated and protected from any kind external pressures and his has
been reiterated by the Supreme Court in Vineet Narain & ors. v. Union of India & Anr and Prakash Singh & Ors. v.
Union of India & Ors.
Thus we see that judiciary has become not only active but pro-active. It has brought in winds of change in all spheres
of human activity. Today judiciary is the only hope of the common man as far as redressal of grievance and
administration of justice is concerned. Looking at the above instances of cases, we can very well conclude that now
one can look upto the judiciary for improving law and order in the country which is imperative for a democratic
country like ours. Our judiciary has, thus, played an extremely crucial role in development and evolution of
society in general and in ensuring good governance by those holding reigns of power in particular. Hence if judiciary
continues in the same vein, the day is not far when there would be adherence to law and order by one and sundry and
there would be a reduction in the number of offences, with all the organs responsible for regulation of the society,
functioning satisfactorily for the amelioration of the society, leading to a welfare state.
Thus these were the role of the judges and lawyers in todays society and it is very important for the people to learn
from these people because these people know the law and they can explain us better than a common man.

BIBLIOGRAPHY

WEBSITES:
WWW.GOOGLE.COM

WWW.WIKIPEDIA.COM

WWW.INDIALAWNEWS.COM