Tuesday, 31 May 2022

Role of lawyers in justice delivery system


By P.Hema

A Lawyer is known as the officer of the court and hence he has more duties in order to make the

justice system run smooth and help deliver speedy justice. The Bench and Bar relation is the

must for professional development and therefore, an advocate is given a brief of how to balance

the bench and bar relation in judiciary system. The development of lawyers as a class of

professionals can be attributed to the need for trained persons who can form the competent

interface to facilitate the interaction between the lay persons and the judiciary. This involves

providing legal advice in matters of rights, liberties or property of the client within the

framework of legislative and legal rights, and representing the client in the event of a dispute

before an adjudicatory body.

The primary duty of the lawyer is to inform the court as to the law and facts of the case and to

aid the Court to do justice by arriving at correct conclusion. Since the court acts on the basis of

what is presented by the advocates, the advocates are under the obligation to be absolutely fair to

the Court.

In fact, if law is viewed as a ‘public good’ which is frequently technical and not self-executing,

meaningful access to law requires the assistance of a lawyer. Particularly, in most jurisdictions,

the members of the legal profession are conferred the status of privileged members of the

community, and occupies an exclusive domain with the privilege of pleading and acting on

behalf of suitors being restricted only to enrolled advocates and attorneys. This monopolistic

character of the legal profession entails certain high traditions which its members are expected to

upkeep and uphold. Therefore, the lawyer plays an indispensible role in the mechanism of

administration of justice.

As a professional, the functional role of an advocate, in essence, is comparable to that of a legal

technician. An advocate is specially trained in the technical profession of ‘law’, and with his

grasp over the subject matter; professional function consists largely of providing counsel for

clients about how to escape or mitigate the incidence of the law’s obligations, availing of the

loopholes and the ambiguities of law.

The public impact of the legal profession can be gauged by the observation of the Supreme Court

in All India Judges Association v. Union of India, wherein it was observed that the

administration of justice and the part to be played by the advocates in the system must be looked

into from the point of view of litigant public and the right to life and liberty guaranteed under

Article 21 and right to grant legal aid as contemplated under Article 39A of the Constitution.

Viewed in this context, it can be said that the lawyer is indeed the channel through which the

general public can access the law, and avail of the protection of the law, in the shrine of justice.

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