ram Manohar Lohiya National law university Lucknow
Language of law
Project: Role of lawyers and judges in legal education system
Submitted by Animesh Singh Second Semester Roll no- 19
Under the guidance of Ms. Deepika Urmaliya Faculty of law
The client. In countries like the United States. The solicitor retained a barrister if one was necessary and acted as an intermediary between the barrister and the client.
Client intake and counselling An important aspect of a lawyer’s job is developing and managing relationships with clients.lawyer relationship often begins with an intake interview where the lawyer gets to know the client personally. Some of the tasks of lawyers are as follows: Oral Arguments in courts Arguing a client’s case before a judge or the jury in a court of law is the traditional province of Advocates in some civil law jurisdictions. as an attorney.
. there are trial lawyers that who specialize in trying cases in courts but trial lawyers do not have De jure monopoly like barristers. litigants have the option of arguing pro se. discovers the facts of the client’s case. begins to develop various claims and defences. and explains his or her fees to the client.” Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs. counsel or solicitor. clarifies what the client wants to accomplish. under what is known as the “cab rank rule. maintain the stability of political and social authority. that have fused legal professions. In Venezuela. a person licensed to practice law. It is common for litigants to appear unrepresented in certain courts like small claims courts indeed. shapes the client’s expectations as to what actually can be accomplished. In England. 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. and deliver justice. In some countries.ROLE OF LAWYERS IN LEGAL EDUCATION
A lawyer according to Black’s Law Dictionary.” 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. or on their own behalf. no one may appear before a judge except the lawyer because the lawyers are familiar with the court’s 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. only solicitors were traditionally in direct contact with the client. many such courts do not allow lawyers to speak for their clients in an effort to save money. is “a person learned in the law. In most cases a barrister would be obliged.
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. In England and Wales. In some civil law jurisdictions. and it is irrelevant if they lack a license and do not appear in court. In other countries. Therefore. even if no lawsuit is contemplated or is in progress. prosecutors are trained and employed as part of the Judiciary . Such a monopoly is quite valuable from the lawyers point of view. prosecutors are usually lawyers holding regular licenses who simply happen to work for the government office that files criminal charges against the suspects. conveyancing accounted for about half of Englich solicitor’s income and a 1978 study showed that conveyancing “accounts for as much as 80 percent of solicitor. only a properly licensed lawyer may provide legal advice to client’s for good consideration. In many countries non-jurist accountants may provide what is technically legal advice in tax and accounting matters. In many countries.
Prosecution and defense of criminal suspects In many civil law countries. In common law countries.Legal Advice Legal advice is the application of abstract principles of law to the concrete facts of the client’s case in order to advise the client as to what should they do next.the licensed connveyancer is also allowed to carry out conveyancing services for reward. In some jurisdictions all real estate transactions must be carried out by a lawyer. real estate transactions are handled by civil law notaries. but may not necessarily be lawyers in the sense that the word is used in the common law world. a special class of legal professional. jurists who hold law degrees are allowed to provide legal advice to individuals and to corporations. such as deeds and mortgages. they are law trained jurists. historically. Criminal defense lawyers specialize in the defense of those charged with any crimes.client contact in New South Wales. though they may actually spend very little of their careers in court.
Conveyancing It is the drafting of the documents necessary for the transfer of the real property. conveyancers and corporate in – house counsel must first get a license to practice. Most people understand that lawyers act as advocates for their
When a matter is likely to involve litigation. In general a lawyer is not expected to give advice until asked by the client.
. the lawyer should make such a recommendation. social and political factors that may be relevant to the client’s situation. 5. The fourth function that the lawyer perform is that of a counsellor or advise to their clients. Of special note is that the role of advisor is not in fact mandatory. In rendering advice a lawyer must not only look to the law but also to other considerations such as moral.
3. but once advice is requested then independent and candid advice is mandatory. in conduct that a lawyer knows is criminal or fraudulent. the lawyer’s responsibility as advisor may include indicating that more may be involved than strictly legal considerations. it may be necessary to inform the client of forms of dispute resolution that might constitute reasonable alternatives to litigation. meaning or application of the law. When a request is made by the client inexperienced in legal matters. Lawyers also act as evaluators of their client’s legal affairs. economic. Where consultation with a professional in another field is something a competent lawyer would recommend . validity. or assist a client. There are some rules in favour of this point which are as follows: 1.
There are some limitations in the rules on an attorney’s ability to provide advice.
Just what does it mean to be an advisor consistent with the ethic rules? In representing a client. and indeed these are two of the major roles set out in the Preamble. A lawyer should not be deterred from giving candid advice by the prospect that the advice will be unpalatable to the client. a lawyer shall exercise independent professional judgment and render candid advice. The rule states that a lawyer shall not counsel a client to engage . 4.client’s interests and negotiators on their behalf. 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.
TOBACCO TO CHILDHOOD OBESITY PREVENTION
Lawyers have played a role in many public health campaigns. TALC does not represent clients. government attorneys. elected officials and their staff.The Restatement Third. and defensible state and local laws. Instead TALC provides legal assistance to community organisations. and product safety. creating user friendly tools. bring lawsuits or negotiate deals. and providing one.
ROLE OF LAWYERS IN SOCIAL NORM CHANGE MOVEMENT.identifying 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. developing model ordinances and policies. section 94. The California Tobacco Control Programme recognized that legal expertise is vital to sound policy development. and others working to denormalize tobacco use through state and local legislation.one technical assistance.from gun control to environmental justice to vehicle. workplace.on. 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. providing training. 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 client’s action. This model breaks down into 5 parts: conducting legal research and writing. Rather it follows the lead of grassroots stakeholders and statewide opinion leaders. enforceable. The Law Governing Lawyers. TALC doesn’t drive the agenda. the CTCP founded the Technical Assistance Legal Center (TALC) as a legal resource for the tobacco control movement in California. local and state health department employees.
A classic example is TALC's model local tobacco retailer licensing ordinance. how-to memos. TALC developed a model local ordinance requiring every tobacco retailer to obtain a license to sell tobacco. Requests for technical assistance from advocates and others range from basic questions about. 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.org.Firstly.
USER FRIENDLY TOOLS: TALC lawyers realized early on that although government attorneys appreciate the depth and technicality of TALC's model ordinances. for example.
TRAINING: The fourth part of TALC's legal technical assistance model entails offering group training for its model ordinances and tools. 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. The license can be revoked if the retailer violates state sales-to-youth or other tobacco control laws.
ONE ON ONE TECHNICAL ASSISTANCE: Finally. examples are available at http://talc. Tobacco control advocates notified TALC that retailers were disregarding California state laws prohibiting the sale of tobacco products to youth. TALC attorneys are available to provide direct technical assistance to stakeholders who write or call. TALC hosts its own teleconference and in-person trainings. The third part of TALC's legal technical assistance model involves creating practical tools — including fact sheets on specific legal topics.phi. In response to this problem. non lawyer stakeholders want concise and accessible print resources that highlight available legal and policy options. and TALC attorneys speak at dozens of conferences each year. and a booklet summarizing the tobacco-related laws that affect California. the legality of an ordinance banning tobacco billboards in
. TALC produces these tools with the assistance of graphic designers so that they are visually appealing and memorable to readers. In a typical TALC presentation. checklists representing the key components of TALC model ordinances. State and local law enforcement officials were not prioritizing sales-to-youth laws because of budget limitations and competing responsibilities.
as James Medison. anarchy and convulsion. rather. Indians and aliens alike. therefore.
. It is the role played by the judges that has given rise to the present judicial system. It must replace the outdated norms and must baptize the new ones to protect human rights. 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. which allows citizens to seek protection of their rights and redress. one of the founding fathers of the American Constitution once said. and that is justice. The Judiciary in India enjoys a very significant position since it has been made the guardian and the custodian of the Constitution. Thus these are the role of lawyers in educating people and passing laws regarding tools that are harmful for the society. it has also expanded the scope of various rights like right to life. One of the most important principles of just democratic governance is the presence of an independent judiciary. against discrimination. it has started giving primacy to public interest over private interest by encouraging public interest litigation. An independent judiciary is important for preserving the rule of law and is. If this armour were to be stripped of its onerous functions it would mean. These limits help make the three branches of the government accountable to each other and to the people. arbitrariness etc. abuse of State power. 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. The task of interpreting the constitution has been assigned to the judiciary. It is not only a watchdog against the violations of fundamental rights.a locality to more in-depth requests for help tailoring a model ordinance to the needs of a given community. Constitutional Law cannot be an exception of this general Law of Change. If this end is to be achieved law cannot remain stagnant. the door is wide open for nullification. against the government actions. It has to be dynamic and must change according to the transition of 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. To analyse the present system. In recent times the judicial attitude has changed with the signs of time. the Judiciary in India is truly the only defensive armour of the country and its constitution and laws. guaranteed under the Constitution and insulates all persons.
JUDICIARY AND ITS ROLE
Law is a mean to achieve an end. We see that the judiciary has now come forward with a new look by giving an introduction of its pro-activeness through judicial activism. Liberty and Equality have well survived and thrived in India due to the pro-active role played by the Indian judiciary. the most important facet of good governance. etc. Through TALC's 5-part model of legal technical assistance.
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. elaborated the scope of fundamental rights consistently. Union of India (pollution of Taj Mahal Case). the cause of deprived. the cause of such sections of society as are ignorant or unable to secure their rights owing to various handicaps. The Apex Court ordered the closure of tanneries at Jajinan near Kanpur which were polluting the Ganga. 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. right to know.C. Justice Kuldeep Singh. the judiciary has become more aware of the dangers of executive tyranny in India.S. the Judicial Activism in its true form started when Justice J. right to adequate nutrition and clothing and so on. thereby upholding the rights and the dignity of an individual. established and functioning around Taj Mahal. amongst others. Judicial Activism has also helped in protecting our environment and preserving the rich heritage of our country. dealing with an array of aspects of executive action and of the police. in true spirit of the concept of good governance. 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 M. right to education. The Supreme Court was generally very cautious upto 1960s in limiting the executive authority. right to humane conditions of work. The scope of right to life has been enlarged so as to read within its compass the right to live with dignity. Mehta v. one of the most significant characteristics of good governance prevails because India has an independent judiciary that has been sustained. the Court has issued a range of commands for law enforcement. In recent years. Mehta vs Union of India. 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. An another case of M. strenuously opposing intrusions into them by agents of the State.
. Judicial Activism is now a central feature of every political system wherein adjuratory powers rest in a free and independent judiciary. right to shelter and social security. But after the nightmarish experience of the emergency. right to a clean and healthy environment. In various cases.C. The Supreme Court has. an enlightened public opinion and vibrant media that keeps all the agencies of the State on their respective toes.The rule of law. because of support and assistance from an independent bar which has been fearless in advocating the cause of the underprivileged. down the years. in order to evolve law in consonance with the changing needs and aspirations of the society and to serve the cause of natural justice. 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.
fundamental freedoms (Article 19) and the right to life and personal liberty (Article 21).P. fair and just.. the Supreme Court in Hussainara Khatoon and ors v. In the absence of domestic law in the field. the Supreme Court said that to manacle a man is more than to mortify him. shuffle him along in the streets. the Supreme Court found the practice of using handcuffs and fetters on prisoners violating the guarantee of basic human dignity. v. State of Rajasthan & ors. and therefore to violate his personhood. holding that the procedure established by law for depriving a person of life or personal liberty (Article 21) also should be reasonable. our Supreme Court said. it is to dehumanise him. that. is to torture him. Delhi Administration. which is part of the constitutional culture in India and thus not standing the test of equality before law (Article 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. (ii) In Prem Shankar Shukla v. State of M. It is observed that to bind a man hand and foot fetter his limbs with hoops of steel. This is
. 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. and foul the soul of our constitutional culture. 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.K.
JUDICIARY AND WOMEN
In Vishaka & ors. the contents of international conventions and norms are significant for the purpose of interpretation of the guarantee of gender equality. 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. to formulate effective measures to check the evil of sexual harassment of working women at all workplaces. reading into Article 21 the duty of care which could not be denied to anyone. defile his dignity.JUDICIARY AND PRISONER PROTECTION
(i) Reiterating the view taken in Motiram and ors v. right to work with human dignity in Articles 14. (iii) In Nilabati Behera Alias Lalita Behera v. just and fair. gender equality includes protection from sexual harassment and right to work with dignity. 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. vulgarise society. (v) In D. State of Orissa. Union of India & Others. Strongly denouncing handcuffing of prisoners as a matter of routine. torture for extracting any kind of confession would neither be right nor just nor fair. 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. (iv) In Delhi Domestic Working Women v. which is a universally recognized basic human right. and to stand him for hours in the courts. Home Secretary State of Bihar.
qualifications and antecedents.
Judiciary and Environment
The Court has. The aforesaid cases are only few examples from numerous judgments concerning human rights. 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. time and again. is bound to affect the democracy seriously. Observing that casting of a vote by a misinformed and non-informed voter. the judiciary in India has read the right to life enshrined in Article 21 as inclusive of right to clean environment. background. Playing a pro-active role in the matters involving environment. 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. 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.
JUDICIARY AND EDUCATION AND MINORITY RIGHTS
.. 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. 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. where. intelligently. or a voter having a one sided information only. improve public health and protect and improve the environment. in the case of Union of India vs Association for Democratic Reforms and Another.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. 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. the decisions made by the voters while voting.
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 court gave various directions making it obligatory on the part of candidates at the election to furnish information about their personal profile.
Pai Foundation & Ors.
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. with all the organs responsible for regulation of the society. and P. Union of India & Anr and Prakash Singh & Ors. leading to a welfare state. thus. It has brought in winds of change in all spheres of human activity. Inamdar & Ors.
. vs State of Karnataka & Ors. State of Maharashtra & Ors.A. 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. there are various judgments in last about 50 years which have contributed immensely in both these fields. v.A. 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. led to the insertion of Article 15(5)]21 in the Indian Constitution. Hence if judiciary continues in the same vein.M. functioning satisfactorily for the amelioration of the society. 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. vs State of Karnataka & Ors. Looking at the above instances of cases.In the field of education and the rights of minority. v. Union of India & Ors. Today judiciary is the only hope of the common man as far as redressal of grievance and administration of justice is concerned. Our judiciary has. fundamental rights are given a transcendental position under our Constitution and are kept beyond the reach of the Parliament. It has said that. 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. Islamic Acadamy of Education & Anr. v. T. Thus we see that judiciary has become not only active but pro-active.