"This is a classic textbook case of, how not to draft a plaint, which should be taught in law colleges and to young lawyers so that such bloopers in drafting of pleadings, damaging to one's own client, are avoided", the High Court observed in the judgment.
Juhi got fined ₹20 lakhs because her lawyer took her frivolous complaint, and instead of guiding her that this would not stand in court, did an even shabbier job of presenting the complaint in court.
Our justice system is in shambles. But we should honestly lay much of the blame on the lawyers, not the courts themselves. Taut, well drafted complaints with sensible arguments move faster in the court system. But lawyers want to dispense with 'niceties' and draft rambling pleadings that aren't even in chronological sequence (or any order).
Then there is the burning desire to 'bring pressure' on the other party. Lawyers believe they can use shock and awe to make the other party crumble, completely bypassing the due process of the law, right under the noses of the judges. And Indian clients don't run for their lives on hearing such hare-brained schemes; oh no, they eat right out of the hands of such lawyers. (Juhi's lawyer made 35+ big name parties defendants, in the hope that some would crumble and strike a compromise!)
Problem also is that we Indians think we are smarter than all the professionals we consult. We don't trust our doctors, so we consult three other doctors in the background while treating a sick person. We think our lawyer can't argue, so we take up the job of drafting and arguments ourselves.
Then, when we don't get results, we blame the professionals. When we do get results, it is all because of our steady hands holding our learned lawyers through the process.
I'm ranting and rambling. I just wish professionals would do their jobs a lot better, and their clients would let them do their jobs better, so institutions like the courts and hospitals can function properly. All this stupidity just leads to people not trusting institutions like they should.
Juhi got fined ₹20 lakhs because her lawyer took her frivolous complaint, and instead of guiding her that this would not stand in court, did an even shabbier job of presenting the complaint in court.
Our justice system is in shambles. But we should honestly lay much of the blame on the lawyers, not the courts themselves. Taut, well drafted complaints with sensible arguments move faster in the court system. But lawyers want to dispense with 'niceties' and draft rambling pleadings that aren't even in chronological sequence (or any order).
Then there is the burning desire to 'bring pressure' on the other party. Lawyers believe they can use shock and awe to make the other party crumble, completely bypassing the due process of the law, right under the noses of the judges. And Indian clients don't run for their lives on hearing such hare-brained schemes; oh no, they eat right out of the hands of such lawyers. (Juhi's lawyer made 35+ big name parties defendants, in the hope that some would crumble and strike a compromise!)
Problem also is that we Indians think we are smarter than all the professionals we consult. We don't trust our doctors, so we consult three other doctors in the background while treating a sick person. We think our lawyer can't argue, so we take up the job of drafting and arguments ourselves.
Then, when we don't get results, we blame the professionals. When we do get results, it is all because of our steady hands holding our learned lawyers through the process.
I'm ranting and rambling. I just wish professionals would do their jobs a lot better, and their clients would let them do their jobs better, so institutions like the courts and hospitals can function properly. All this stupidity just leads to people not trusting institutions like they should.