Parties in Litigation

At Lex Partem, we strongly advise that before proceeding with any litigation or considering initiating legal action, you exercise patience and discernment at this stage. Careful consideration can prevent you from encountering prolonged difficulties in the future, ultimately saving you significant time and financial resources. Please take the time to read the following information attentively before selecting an Advocate for your case.

A Quick Glance

• Firstly, we extend our heartfelt gratitude to the advocates and lawyers who dedicate their profession to serving the public. If it weren't for your dedication, access to justice would not be possible.
• However, even the Supreme Court and High Courts Judges have narrated their concerns regarding, despite the nobility of the profession, there remains a concerning gap in professionalism of advocacy, and the client has to suffer the repercussions due to such unprofessional behavior and lack of practical knowledge, experience, and skills in court proceedings. 
• In today's materialistic and competitive world, the mindset of maximizing financial gain has also influenced the legal profession. Nonetheless, we can call this profession a blue-collar job, as it demands a lot of hard work to succeed, and the lack of adequate knowledge and necessary skills can not only affect clients financially and emotionally but also weaken their position in court.
• However, parties in litigation sometimes risk their cases by opting for guaranteed solutions with exaggerated promises, seeking relief at a cost of peanuts, or making uninformed choices due to a lack of understanding of how to hire a seasoned advocate for their case. 

The Legal System in India

• Litigation in India is a complex and challenging process, where successful outcomes depend on various factors. We have legal professionals who possess in-depth legal knowledge, courtroom experience, analytical and professional skills, effective communication, and a client-centric approach. Still, India is facing challenges in coping with the situation in the litigation sector. 
• The Indian legal system faces numerous challenges, which can undermine the fairness and efficiency of trials. Trials, whether civil, criminal, or any other type, can take years or decades to conclude in courtrooms, resulting in a decision, which is a significant reason for a lack of trust in the legal system. Apart from the massive delays, allegations of corruption, influence, and other reasons provide an opportunity to mislead and misguide the 'parties in litigation'. The challenges that the legal system faces include
  • Procedural Delays
  • Inadequate Evidence Management
  • Compromised Representation
  • Overburdened Judiciary

Unforeseen Issues in Litigation

• Exaggerated Promises: Clients often approach advocates with high hopes, and those who make exaggerated promises about case outcomes that do not reflect the actual reality usually lead to trouble in litigation when these expectations are not fulfilled. Let's understand the entire scenario.
  
  • No one likes to lose business, and some advocates may resort to making false commitments if they believe such an act will secure a client. Clients inspired by the internet, social media, movies, or other unreliable sources, who expect miraculous results without understanding the legal realities, are often responsible for exaggerated promises made by such advocates.
  • It is essential to recognize that the outcomes of cases depend on several factors, including the nature of the case, the relief sought, the strengths and weaknesses of the matter, the facts and documents supporting the claims, the judicial mindset, and numerous other variables.
  • Suppose a client asks for a guaranteed relief beyond the ground realities, like an immediate and guaranteed bail in a heinous offense, or a guaranteed acquittal in a criminal case having no merits, or an order of injunction in a baseless civil matter backed with no evidence, or an early disposal in complex proceedings, or such reliefs that the law does not permit. This is also supported by claiming influence over court staff or judges, falsely promising a guaranteed outcome. Clients must understand that no ethical advocate can guarantee a specific result, as it ultimately depends on the case's merits and demerits. Nevertheless, clients often prefer to secure relief by any means possible, presenting advocates with a lucrative opportunity to make a business. Unfortunately, clients fall for such baseless guarantees from such advocates.
  • This unprofessional approach by certain advocates can drain all significant legal resources available to clients, resulting in unachieved objectives and a badly compromised lawsuit. A client must understand that mishandling a case in a 'trial' will reduce the likelihood of success in an appeal, as once the foundation is weakened, the building will always be at high risk.
  • The root of such an issue is inadequate transparency between clients and their legal representatives regarding case strategy, fees, possible outcomes, available remedies, and other factors. Usually, such advocates refrain from speaking the truth to gain business. Such occurrences are motivated by financial incentives tied to the cases. However, an ethical professional advocate will always place their client's interest above all external temptations.
• Unethical Financial Gain: There may be two ways in which unethical financial motives may arise: first, from the client, and second, from the opposing party.
  • In the first scenario, advocates motivated by financial gain may encourage clients to pursue unnecessary or time-consuming litigation for issues that can be resolved amicably without court involvement, particularly in family and matrimonial disputes. This often happens because clients avoid proper legal consultation to save a small fee, not realizing that a professional consultation could help them avoid costly and emotionally draining litigation.
  • In the second scenario, it's not uncommon for the opposing party to offer incentives, such as confidential information or financial gains, to compromise the advocate's allegiance. Additionally, financial incentives can lead to unnecessary delays in proceedings, as such incentives are not just for losing the case; they may also be for causing delays. To counter these challenges, clients require an advocate who upholds their values and professional standing, regardless of lucrative temptations.
  • In some instances, it has also been noticed that if you hinder your Advocate's pocket, the opposing party offers to get it fixed! This typically occurs in matrimonial and family disputes. While financial motives are inherent, a principled advocate stands firm, prioritizing client welfare above all else.
• Skipping Legal Consultation: Proper legal consultation is crucial to ensure that clients are well-prepared with accurate guidance, thereby ensuring their stronger position in the courtroom.
  • Clients must be thoroughly aware of the potential outcomes of litigation, whether involved in a civil dispute, a criminal matter, or any other type of legal issue. Comprehensive and expert legal advice can be a turning point for a case.
  • However, many clients avoid a proper legal consultation to save costs, putting their entire litigation at high risk. This creates an opportunity for incompetent advocates to target them with exaggerated promises and unrealistic commitments, which eventually fail to address essential client queries that would have been clarified had a proper consultation been conducted.
  • This is why legal consultation makes a difference in choosing the right advocate. Therefore, a client must understand that saving a few bucks on a consultation may ultimately cost them heavily in the end. 

Influential Factors Affecting Case Outcomes

• Nature of Litigation: Although there are several types of litigation, court proceedings are primarily categorized into two formats: civil and criminal.
  • While civil and criminal trials are handled by a Magistrate Court or a Court of Sessions, High Courts deal with the Writs and PILs, along with the appeals and revisions arising out of the matters decided by the Court of Sessions. Supreme Court deals with the Writs, PILs, and SLPs.
  • Just as there are different types of doctors who specialize in various body parts, despite all holding an MBBS degree, the same applies to the advocates. While all are registered members of the concerned Advocates' Bar, they may specialize in different areas, such as civil, criminal, special laws, writ, PIL, or SLP, among others. For example, an advocate who excels in criminal trials may not necessarily be effective in civil trials, and vice versa. Similarly, an advocate who regularly appears before the High Court may not be equally skilled in trial court procedure, and vice versa. Sometimes, there are brilliant advocates whose knowledge and experience enable them to handle any matter diligently.
  • Ultimately, selecting an advocate who is well-suited to the specific nature of your litigation significantly increases the likelihood of a successful outcome, and that entirely depends on the nature of your litigation.
• Merits and Demerits: In legal terms, 'merits' refers to the strengths of the evidence and the favorable aspects in the case file that support the claim or relief sought, whether in civil, criminal, or special law matters. Whereas 'demerits' represent the weakness or adverse elements of a case.
  • However, there is not always a case that comes with merits on your side; still, what makes a difference is the presentation and the perusal of the case by an advocate. Before proceeding, it is essential to understand that civil litigation is typically initiated by an advocate on behalf of the client, unlike criminal litigation, which generally comes before the court after an FIR has been lodged and an investigation has been conducted.
  • The merits and demerits of civil litigation depend more on the pleadings, whereas an advocate has to scrutinize the chargesheet in a criminal matter diligently. Thus, both types of litigation have their scopes and limitations. The foundation of successful litigation begins with a well-crafted legal strategy.
  • Lawyers must carefully assess the strengths and weaknesses of their client's case, as well as the arguments likely to be raised by the opposing party. Understanding the relevant laws and precedents is crucial in formulating a winning approach.
  • A strategic plan should outline the goals of the litigation, the anticipated obstacles, and the most suitable methods to overcome them. A seasoned advocate can deal with the merits and demerits of your case efficiently and effectively. 
• Thorough Case Preparation: Preparation is the backbone of any successful litigation.
  • If it is a civil matter, an advocate's work begins with drafting the legal notice (if applicable) or preparing pleadings at the office.
  • In a criminal matter, securing bail is a priority, along with examining witnesses.
  • In writs, PILs, or SLPs, it involves a significant amount of research work, along with well-crafted drafts.
  • Advocates must dedicate time and effort to counter evidence, examine witnesses, and analyze relevant documents.
  • A strong case is built on a solid factual foundation, so meticulous attention to detail is essential. Advocates should anticipate potential counterarguments and prepare rebuttals ready to counter them effectively.
  • Well-prepared legal teams are better equipped to navigate the complexities of a case and present compelling arguments in court.
• Uncompromised Legal Presentation: Litigation can be a long and challenging process, and success often requires unwavering persistence. Advocates must be diligent in their pursuit of justice for their clients, leaving no stone unturned.
  • It may take time to uncover critical evidence and overcome procedural hurdles. However, persistence and determination can ultimately pay off. Due to a lack of experience or legal knowledge, some advocates may lack the skills and diligence required for adequate representation. This can result in inadequate legal advice, poorly drafted pleadings, and weak arguments, ultimately jeopardizing the client's chances of success in court. 
• Ethical Concerns: Professionalism and ethics are inextricably linked in the legal profession.
  • Unprofessional lawyers may be more likely to engage in unethical practices, such as withholding information from clients, misusing client funds, or engaging in dishonest tactics during the litigation process. Therefore, you need an advocate who upholds strong ethical standards.
  • You might now wonder how to identify whether your advocate has ethical concerns. The answer is: if they are not guaranteeing outcomes, if they are not aggressively pushing you to hire them, if they request a paid consultation, if their approach is positive, and if they advise against litigation in matters that can be resolved outside the court—these are good signs.
  • Additionally, if they clearly explain the case strategy and openly communicate the merits and demerits of your case, then they are likely to be professional. A professional advocate will always act professionally, and that is your answer.

A Professional and Ethical Advocate Must Possess

• Knowledge, Skills, and Experience: Indian laws are complex and diverse, comprising various statutes, regulations, and case precedents. The legal system and courtroom advocacy are entirely different from what you see in movies, serials, or web series. Advocates need to be well-versed with adequate knowledge, analytical and research skills, and experience to deal with the complex matters.
• Drafting and Pleading: Drafting and Pleading are the most sought-after skills in proficient advocates. A civil litigation, a Writ, a PIL, or an SLP survives on precise drafting and pleading. If your advocate is proficient in crafting sustainable pleadings following the formulated laws, latest precedents, supporting your claims, and is capable of explaining the context of the pleading precisely, s/he is best suited to your needs. Such advocates will not hesitate to prepare such drafts and pleadings in your presence. 
• Examination of Witnesses: A 'trial', whether it be a trial in civil, criminal, or any special law, the examination of witnesses is one of the most critical stages, and especially in criminal litigation, the cross-examination matters most to decide a case in your favor if you are on defense. This is one of the key skills that requires extensive experience and sharp analytical skills, with expertise in handling expert witnesses. Incompetent advocates generally avoid having clients present in the courtroom during witness cross-examinations. This is something clients need to be aware of and understand.  
• Communication and Arguments: Clear and persuasive communication is a critical asset for lawyers. They must be proficient in both written and oral advocacy to present their cases convincingly in court and negotiate effectively with opposing counsel. Effective communication in any proceedings and an efficient argument always get the court's attention. Litigation can be a lengthy process, with multiple deadlines and court appearances. Advocates should be well-versed in effectively navigating courtroom proceedings, ensuring that their clients' interests prevail over all else.  
• Courtroom Presence: Confidence and composure in the courtroom are crucial for an advocate. An assertive and respectful demeanor before the judge and court can enhance the advocate's credibility and influence the outcome of the case.  

Conclusion: Choose Your Advocate Wisely

When you are in legal trouble, a professional advocate can pull you out of the mess. The legal system and laws in India are complex to navigate. Whether you seek a remedy in a civil matter or relief in a criminal matter, dealing with unprofessional advocates can lead to additional troubles and can spoil your matter permanently. All you need to do is find the best-suited advocate for your needs. The profession of advocacy is the key to unlocking justice. Although finding a competent advocate may be challenging, this article can help you find the best one. All the best in your search for an advocate. We will be glad to help. You may contact us for any assistance.