Wednesday, August 4, 2010

I am an Ostrich

No, this was not my past life character as per the numerous surveys of  Facebook world. Neither is this any new type of astrology.. or for that matter of fact this is nothing but a plain simple observation by me of me.

I know being a lawyer *Now I am an ENROLLED lawyer not just a law graduate* my deduction skills have to be sharp. Yeah, so being in the court, you have to be observant, and you have strain your ears to understand what the judge is saying. *Its a freaking FISH market inside the court room* and like I have already said in one of my earlier post, being a trainee you are not allowed to carry your cellphone, thus, my phone is switched off and inside the purse. And, so, I sit and I observe. I observe the advocates around me, who run from one court to the other trying to make it in time from one case to the other, I observe the security guards posted outside each court room... *Some of them are really nice, others extremely rude* , I observe the judges inside, who are old and so many times, so cranky that they would actually tell a designated senior advocate *An advocate who is been practising for like ages and who charges minimum a lakh of rupees for an appearance is a designated senior advocate* to shut up and leave the profession if they try to act smart.

But most of all, I observe the poor litigants. Yeah, some of them might not be literally poor, but yeah, they surely are the MOST harassed lot... and I truly feel sorry for them. There are widows who have been fighting for the right of her children with her in laws, then there are old men and women, who are fighting to get that pension, or to get their own house back from their children. I see them, patiently come to the court at 10 am sharp, stand in the line to get their pass made and then go and sit. Sit for the turn of their case to come. Sometimes, if they are lucky, the case would come and something substantial would happen. But then, if you are not lucky, then, you have to wait the whole day, your lawyer gets stuck at another court, you take a pass over *When you ask the judge to hear your case after he has heard all the cases in the list* and by the time your turn comes up again your whole day is gone, finished. And you may or you may not have gotten the relief that you had come for. And then, when you are leaving, you talk to your advocate and talk to him like he is God *I have actually seen clients folding their hands and bowing their heads*... and this is where I lose it.

For the last one month that I have been going to the court, I have been trying really hard to like litigation, to like running from one court to the other, putting your point across to the judge... but I just cannot like it. I cannot like it because, I shudder at the very thought to telling my client that the matter did not come up because of whatever reasons... or that he has been given the next date because the other party did not show up. It is this stark reality of my profession that I cannot take, or understand. And, that is the very reason that I shy away from litigation. I see the litigants, trying so hard to battle for their rights and nothing happening, and it it breaks my heart.
No, I do not hate my profession, I love law. It has been given to me as my birth right, but I can't go into the court and fight. I can draft, I can give opinions... and I can do everything sitting in the office, as long as I don't have to face the judge. Not because I am scared of him, but I am scared of me shouting at him telling him, that he should hurry up and give a decision and not just make the damn thing go on forever and then get kicked out of the court room for contempt.
I know, most of you will think that this is stupid, but then that is the way I am. I am trying to shy away from the very basis of the legal profession... and expect people to understand.
Like I said I am an OSTRICH
*When an ostrich sees danger, instead of running away she would bury her head inside the earth thinking that since she can't see trouble, trouble can't see it either.*
***************************************************************
I picked up this really cool idea from Banu's blog. But instead of doing a whole series of 7 days of positivity, I am going to twist it a little bit, and add one positive thing (More than one if the day is such) at the end of each blog post, so that everytime I navigate away from my blog page, even after I have written a sad post- I would go away thinking positive. I hope that you too navigate away thinking nice things whenever you go away from my page.
Positive of the Day:
I had this wonderful conversation with this guy today, who made me realise that there are nice people in this world. And today, he filled my lil world with a lil hope.


NEWS FLASH
*Mr. Shayon Pal, the co-contributor of this blog page and the love of my life, is moving back to the city i.e Delhi! And he is going to join Mint, its a sister concern of WSJ. The thoughts from the Horses' mouth are here. Please wish him luck in his newest career move. And my lovely readers who stay in this city, he needs a house to stay, so please please help us out finding us a decent place for him to stay. Thanks a ton*

8 comments:

pRasad said...

I can understand what situation you must be going through while telling client that his matter did not come up..
You must be going through tough time..so better get involved in whatever related work you like..

Banupriya said...

When you as a lawyer cant tolerate the happenings in the court, imagine the plight of so many who need justice before they die. I wish that Judiciary in India gets speeded up a little. And I direly wish that I dont have to come to court for any reason in my life.

The twisting up of the theme of Positivity is really good. Keep doing. And all the best to Shayon for his new venture.

Shalini said...

Only if we could have all good things in life! :)
The time I came to know about your law profession...I swear, I was like.."Man! She has guts!". Good Luck!
And congrats to you and Shayon! So happy! :)

Jack said...

Sakshi,

First of all, let me say I am so glad that Shayon is coming back. I am sure he will do very well in new organisation too. Now coming to your judgement about yourself. You are very very sensitive. You have a lot of compassion for those who suffer. Brace up and face the world as it is but what difference you can make is do not be emotionless and rude with your clients. Understand them, sympathise with them and be open and frank with them. Never consider them as your income. And mind you there are some real smart ones too who will tell you a sob story just to win your sympathy. So you have to see through such persons. Yes, you must be positive in whatever you do or look at.

Take care

Chandni (Chanz) said...

I know what this profession can do to the litigators.. I cannot say that I one of them but I have seen the suffering of them quite closely. Long back, I had gone to a court once with my dad. I was a kid but I still remember how bad it was. I know some uncles and aunties who go to supreme court and I get the same reviews as you have given us. Its sad. Really sad. And I don't won't say anything about you shying away from this. Its is quite natural for a new-commer. (Pardon me for the little knowledge that I have. I saw some people suffer. Thats all. You know much better than me)

Perhaps thats the reason why people are reluctant to fight a case. Even the needy ones.

Sakshi said...

@ Prasad:
I am trying really hard to find myself a nice legal/law related job. But those are also rare to come by.
But I am trying really hard.

@Banu
I know Banu, it is not only you cribs about a little uncomplicated judicial system it is a lot of lawyers too who think that our system could ease up a little bit. And we are trying really hard for the same.
Most of the courts are THE happiest if you are able to settle outside the court. But then there are people also out here ho just like to get into litigation. They want nothing less than the Supreme Court's stamp on whatever the decision maybe, even if it is against them.

@Shalini
I still have guts and I still love my profession. And you need a lot more than just guts to go there in the court and do something for your client. As a matter of fact when you just draft something.. you wonder if you have done your best.. to help the client the best you can. So in short, you are always worried about if you have done the right thing. Even if you are behind the scene. Nerve-racking.

@Uncle J
I will try really hard to read the people who come to me for help. I know, that I can be very wrong most of the times. But I am learning.

Thanks :)

@Chanz
Like I was telling Banu up in the comment that we all kind of people around here.. and thanks to some of the utter idiotic ones, who would just want to litigate for the heck of it, the real people with genuine violation of rights get screwed up. Its just the whole thing I guess.

Suruchi said...

Hey..Sakshi...
You are a fighter n never mind the judge...
Just judge him in your mind and go with your sway...
Congrats on the love of your life moving in to your town now...
Wishing u both all the very best:-)

Sakshi said...

@Su,
You make it sound so easy. I wish it was that easy though. :)
Thanks a ton for your lovely wishes. You are a darling. :)