Reports About Fake Lawyers Worrisome: Kerala Governor Justice Sathasivam

Kerala Governor and former Chief Justice of India P Sathasivam on Monday said lawyers have to be vigilant, especially in maintaining credibility.“As a person who was fortunate to lead the Indian Judiciary, I am worried about the reports about unqualified lawyers in our State and the nation. We have been hearing reports quoting official sources that thousands of lawyers in Kerala are yet to confirm their educational credentials. Even an allegation in this regard is very depressing and it is high time Lawyers' Associations came forward to clear the misunderstanding caused in society,” he said.Justice Sathasivam was delivering the inaugural address in the Kerala Chapter Conference of Indian Association of Lawyers.Speaking on the occasion Justice Raja Vijayaraghavan, Judge, High Court of Kerala said lawyers have played a very cardinal and important part in working out the terms and equations of justice between the citizen and citizen and between the citizen and the state.“If it was not for the brilliant lawyers who have advanced the cause for the poor and the downtrodden, this would not have been possible. If the Rule of law has been a success and is ever progressing in this country, the lawyers definitely will take their share of credit", He added.Here is the full text of Justice Sathasivam's speechDear Lawyers,Sahodaree Sahodaranmaare,It gives me great pleasure to inaugurate the Kerala Chapter Conference of the Indian Association of Lawyers. In my present official capacity, I get only a few opportunities to interact with the legal fraternity, to which I have always belonged. I still cherish my days as a lawyer and therefore, addressing lawyers is like going back in time, feeling younger.I understand that the focus of this conference is, 'Lawyers are for Democracy'. This assertion points to the role of a Lawyer in society, one that involves the lawyer's conduct, professional acumen, expertise, responsibilities and many other aspects. A Lawyer's role is in ensuring justice to people. It is this justice that ensures people's freedom and makes them capable of participating in the democratic process. The Lawyers also have a key role in maintaining the image of the judiciary.With such a significant role to play in society, a Lawyer has to be vigilant, especially in maintaining credibility. As a person who was fortunate to lead the Indian Judiciary, I am worried about the reports about unqualified lawyers in our State and the nation. We have been hearing reports quoting official sources that thousands of Lawyers in Kerala are yet to confirm their educational credentials. Even an allegation in this regard, is very depressing and it is high time Lawyers' Associations came forward to clear the misunderstanding caused in society.A lawyer needs to cultivate a harmonious blending of the fundamental qualities of talent, technique and temperament. Talent also includes language skills, which should manifest as the skill of advocacy, which can be cultivated only through good reading. The skill of advocacy should not be limited to one's performance in the courtroom. In fact, a lawyer is bound to take maximum efforts to avoid litigation as much as possible. I am reminded of Abraham Lincoln who preferred to discourage litigation and believed that “as a peacemaker, the lawyer has superior opportunity of being a good man and there will still be business enough”.I am certain that all of you are aware of the avenues for Alternative Dispute Resolution, which can be invoked at any time, even if the matter is pending in the Court of Law. The disputes can be resolved more economically and speedily and it can reduce the workload of the court through a flexible procedure. Cases under the Motor Vehicles Act, 1988, the Consumer Protection Act, 1986, and the Contract Act, 1872 etc. can be brought under the aegis of obligatory ADR. Similarly, cases involving family law (matrimonial disputes), insurance, compensation, labour disputes should also be brought under the ambit of ADR.Section 89 of the CPC read together with Rules 1–A, 1–B and 1–C of Order X would allow judges to refer disputes for settlement through ADR procedures in cases where elements of settlement are discernible. We should use the provisions of Section 89 as often as possible, since the referral to ADR decreases the caseload and arrears of the court and thus increases the time which can be devoted to other contentious matters.We should also remember the matters about issuing notice and response u/s 80 of CPC, which is a conciliatory step towards settlement.A statutory notice of two months before the proposed action under Section 80 of the Civil Procedure Code 1908, is intended to alert the State to negotiate a just settlement or at least have the courtesy to tell potential outsider why the claim is being resisted. The object is to curtail litigation and the area of dispute.Wherever a notice is issued, the Government or departments or other statutory bodies should send a reply...

Reports About Fake Lawyers Worrisome: Kerala Governor Justice Sathasivam

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