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dual role
professional expertise
daunting task
effective communication
perpetrator
grievances
Open Interactive Lawyers Forum For The Clients
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Open Interactive Lawyers Forum for the Clients

Finding a good lawyer can actually be a daunting task for some. I have seen many lawsuits going haywire simply because of a lack of effective communication between the client and his advocate. With due respect to the noble profession, most of the professional practitioners are busy like hell, and they don’t have time even to pay attention to what the client might be actually talking about.

Most lawyers are playing a dual role that of a solicitor and of an advocate at the same time. Doing justice to every client’s grievances and specific demands for redressal becomes often impossible for the law practitioner who would rather want to recast the main issue in a pre-conceived framework that may or may not suit the actual case. Such a prejudice might often spoil the merit of the case.

There already is a clear division between the lawyers who practise civil procedures, and those who appear in the trials of the criminals, suspects and convicts. It’s no surprise that in the lower courts, lawyers dealing in the criminal lawsuits actually begin to think in the criminals’ paradigm. As most of them do not have any professional expertise in the crime psychology and the related disciplines, for the sake of their own profession, often want to get themselves in the shoes of the criminal or the suspect in order to get down to the stark reality, or even to find the proper alibi when defending.

Within a framework where the judiciary process is slow to say the least, there is every possibility that another suit of a different motif and of different merit would intervene while the advocate himself was busy becoming the victim or the perpetrator of crime in the former case already at hand. In such a situation, our learned friend would normally try either of the two things: either he might want to slow down the second suit a little so that he has enough time to get out of the first one, or he would judge the second in the perspective of the first. Eventually, both are on the wrong side. Nonetheless, if one pursues a survey in the pattern how time is elapsed towards the beginning of the suits, he would find enough data to support the above view, more so in countries like India where the judiciary is slow enough. In no country in the world, the crime rate would ever match the rate of disposal of the suits by the judiciary, not even in the USA. Lawyers do have a busy life.

Here comes the concept of a free-floating agent like the lawyers’ club. Personally, I have been a member of one such online club for a couple of years now, and I must say that the concept works to some extent, though how much practicable the concept is in view of the actual persuasion of the suits, is still a matter of debate.

The basic concept is of having an open forum of advocates from various fields of specialisation; say an open market of opinions, instead of a closed door small chamber of the advocate or a law firm, where a limited number of opinions are available at any given point of time. The client, whether the plaintiff or not, may present his case openly before the panel, concealing the real identity if necessary for the sake of privacy to be maintained, and the agora of the learned professionals are free to write back their opinions, suggestions, recommendations etc. If the client finds one of the answers realistic or even closer to his hearts, he might then continue the discussion with the advocate or attorney at a personal level. This conversation then might lead to an actual presentation before some court of law with appropriate jurisdiction.

However, two real problems are there. One, the client has to be smart enough to find and judge the proper answer from the host of diverse opinions, which in most cases do not work for the client, if a victim himself, often fails to see the reason and rationale; two, often a problem of jurisdiction arises, the lawyer who gave the right answer may not be authorised to proceed in the jurisdiction where the actual incident has taken place. A wider network of the professionals is necessary to resolve such issues.


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