AMISH AGGARWALA

• All of us want to achieve lucrative goals in this field of law, but the foundation for that depends on how we conduct ourselves as a lawyer.
• Public perception and opinion about lawyers in India is often quite poor. This is mainly due to how legal professionals carry themselves and project their behaviour and values.
• Instances of clients unhappy with the professional misconduct and unreasonably atrocious attitude of their advocates, are aplenty.

Examples from around me

• A property-developer hired a lawyer who demanded that he sell him a particular property in return for free legal work of his for 10 years! Later, this contractual arrangement was made voidable due to undue influence.
  Sadly, most lawyers in our country would feel that this is not a problem at all; often claiming that a valid consideration was paid!
• For litigation related to a matrimonial dispute, the husband hired just a single lawyer for representing both the parties and drawing out a MoU in a case of divorce by mutual consent. The obvious result was the wife getting an extremely unfair and lopsided deal, prejudicial to her interests.

These simply show the general need for an active stress on ethics in the Bar, and not only in law colleges as a random subject in the syllabus.

APOORVA THAKUR
There are many lawyers in the country who feel that it's normal to demand some amount/property even beyond the fee decided, or in lieu of the same- like commission on monetary relief as awarded by the Court to the client post-decision.

How can the clients protect themselves in such situations?

AMISH AGGARWALA

This is a clear-cut case of champerty- asking for fruits of a litigation. An interesting perspective about champerty is that though illegal in India, this system is perfectly legal in many other countries.

• If we take examples of cases involving claims for personal injury, like in Bhopal Gas tragedy, for the lawyer fighting against such big corporations, champerty doesn’t seem unjustified.
  Also, I have heard instances where corporations are approached to sponsor/fund litigation in return for proceeds from victory thereof.
• However, when lawyers agree for champerty, they are often incentivized or motivated to employ illegal methods to win the case and wrap-up the deal in a lucrative manner in their own favor; certainly jeopardizing ethics in the process!

ASHOK ARORA

• My view about this is that since Bar Council of India (BCI) specifically debars such practices at present, it should not be engaged in. But the law and rules could definitely be amended to allow champerty upto reasonable extent in certain specified situations.
• Another point, though not directly related herewith but underlying this discussion, is that- interestingly enough, a reliable Survey-Report claims that 99% of Indian citizens are not even aware of the constitutional provisions regarding their Fundamental Duties! 

One of such duties, as per Art. 51A, is the 'spirit of inquiry' which, I believe, is the soul of our Constitution, since unless citizens enquire about issues around them, which may be plaguing the society, we cannot be a 'Happy Republic' in the truest sense of the expression. Notably, the spirit of inquiry even forms the basis of ethics.

• For instance, as regards the ongoing farmers' protest, it is our duty to ask ourselves why the farmers are so agitated. We can’t claim to possess sound ethics until we are empathetic to the sufferings of others.
• In an individual's life, initially, values get engrained and ethics get transmitted and absorbed from family- our primary group since birth.
• Personally speaking, I have been very inspired by Socrates, who said that 'one cannot teach children anything, but can only get them in the habit of being constructively inquisitive'. 

Instead of using our profession to serve, we use it to subvert. If members of the public don't feel safe and comfortable to confide their problems in us, of what use is our law degree? It's of no value unless we can understand other’s problem.

• I recall an interesting instance dating back to when, for a particular matter, I had the privilege to cross-examine Late Ram Jethmalani, former Law Minister and a veteran criminal lawyer of the country during his lifetime.
  The day before one of the dates in that trial before a Trial Court in Bombay, I had to undergo an emergency back-surgery, and thus sought an adjournment. However, upon medical opinion supporting me engaging in routine activities, I appeared before the Hon'ble High Court of Delhi on the same day. This led to some apparent misunderstanding, and when it was brought to Court's notice in Bombay, I was questioned by the Judge. Such a finger raised at my integrity and my feeling of respect towards the Bench, compelled me to dramatically lift my shirt and show my back and the stitches thereon to the Judge!
  This embarrassed the latter, who even apologized to me in open Court for doubting my professional ethics.
• To put it crisply, as regards Bar-Bench relations, those times were indeed very different from now.

APOORVA THAKUR

How do we advertise ourselves as Advocates, without violating rules of ethics governing our professional license to practice law?

AMISH AGGARWALA

• We don’t want this profession to be treated as business. However, I do believe solicitation does have some space.
• If we get tempted to legalize advertising, the firms with big financial cushion would probably monopolize the market easily, much to the unfair disadvantage of others!
• I don’t hold strong opinions on this issue, but I try to approach it with an open mind.
• Ideally, when you do good work, word-of-mouth reputation should be the way you get clients. However, what happens in reality is that people who are good at socializing, and who have connections, are the ones who get clients.
• I think, if you are a good lawyer doing good work, and using solicitation to get clients, it might be helpful at looking at the possibilities of having such a law in place for ethically advertising one's genuine legal services.
• I feel that in the process of helping and educating people, if you do get clients, then that should not be viewed as 'solicitation'.
• In this connection, I encourage law students to record videos and write articles so that their voice could reach our masses to build on their levels of legal literacy.

APOORVA THAKUR

What goes on in your mind when you know that your client has actually done something illegal and is approaching the Court with unclean hands and soiled conscience? Do you face any ethical dilemma?

ASHOK ARORA

• I think that there is no such conflict at all. Under the Constitution, every person has a right be represented, and I consider the Constitution as my 'dharma'.
• I strongly believe that even criminals have the right to be represented. Rest, the ultimate decision is in hands of the judiciary ofcourse.

AMISH AGGARWALA

• On this point, I completely agree with Ashok sir. The Bar, often passing resolutions barring representation of certain accused persons, is the biggest travesty of justice. Gandhi ji, on this aspect, had wrote that he had decided (when in South Africa) that he would never, in his life, represent any guilty client. In that way, he had developed an image where only those clients, who felt they were innocent, approached him. It is also about 'building a brand'.
• Citing another instance- in the 'BMW hit-and-run case', where a prosecutor and veteran defense counsel were both charged for tampering with evidence and unfairly influencing witnesses, such practices were declared as purely illegal and unethical.
• I personally believe that such rampant malpractice is due to the dearth of a strong enforcement-mechanism. 

Most of the instances, of Bar Council taking up such cases, are not 'suo moto' but when there is a court order issued.

ASHOK ARORA

I completely disagree with Gandhi ji's arbitrary way of deciding whom to represent. Infact, the reality that the Bench would be somehow influenced by the fact that his clients are never actually guilty, would lead to a kind of unfairly ethical reputation.

APOORVA THAKUR

I humbly suggest two elements to be integrated into our existing legal system, to address these concerns as discussed-

• The Bar Council of India (BCI) may make 'ethics training' as a mandatory precondition for the successful enrolment of fresh graduates. This might go a long way in standardizing ethical conduct by licensed legal professionals across the country.
• The appropriate legislature (State or Centre) may consider drawing up rules, under the Advocates Act, to incentivize 'whistle-blowers'. This might help in moral policing by and within the lawyer fraternity itself.

What is your view, Ashok sir?

ASHOK ARORA

These are certainly remarkable ideas; and if implemented, shall definitely make a difference.

Q&A involving the webinar-attendees

1. Shireen Parween (HILSR, Jamia Hamdard): If a lawyer says something inappropriate in Court of law, in the heat-of-the-moment, how could that be dealt with?

AMISH AGGARWALA

• I believe that if you become emotional in court, you tend to lose the case.
• Once there was a case of anticipatory bail that I was arguing, in which, I lost my temper. The Judge dismissed the application. That day, I realized the significance of being calm & composed, just like Siddharth Luthra sir, an ideal for many of us young lawyers.

ASHOK ARORA

• More than being aggressively passionate, you need to be firm (yet polite and courteous) if you believe you are right and on side of the truth.
• Rest, "to err, is human".

2. Priyanshi Bhardwaj (TIPS, IP Univ.): How to establish a successful litigation-practice as a young counsel in India?

AMISH AGGARWALA

• I believe that connecting with one's peers, seniors and even juniors at the Bar, is the key. The more people know about you, the more you can develop your practice.
• Another facet of ethics, as relevant to this question as well, is always being brutally honest with the client.

ASHOK ARORA

• How you improve your practice is purely through each performance. Every time one makes a court-appearance, it is a fresh opportunity to build an image worthy of respect and appreciation.
• When the judicial officers and your colleagues begin trusting you due to your acumen and conscientious conduct, you shall become truly successful in the real sense!
• Because doing good work always counts, get ready to 'burn the midnight oil'.
• Lastly, remember that reputation travels faster than sound, and it takes just a moment to ruin impressions but generations to build it well.