Men in black and white on the prowl

Are advocates above law? At least a sitting judge of the Madras High Court N Kirubakaran feels that such a trend is prevalent for the past few years in Tamil Nadu. He says, “People do not have faith either in the judiciary or in the police and have faith only on the persons in ‘black and white dress’ claiming themselves to be advocates, to be engaged as ‘paid hooligans’ to involve in property disputes. To put it in other words, these alleged lawyers act like extra constitutional authority,” the judge stresses. 

Such a strong observation by the judge had come about while dealing with a row between the old and new trustees of a medical college in Sriperumbudur, where the ‘so called’ advocates were on hire on both sides. In fact, Justice Kirubakaran, who had called for police action against them, had commenced his order on the issue by saying, it is neither surprising nor shocking for this court to hear about engagement of ‘so called advocates’ to retain possession by the original trustees or to take forcible possession of the medical college by the new trustees, based on certain court orders, describes in detail the modus operandi by the persons called advocates who are capable of threatening and resisting even the police force. 

Conflict between police and advocates is an historic one dwelling on the premise that the twain shall never meet. But the intriguing aspect that has been coming to the fore often is the rampant criminalisation of the legal profession that many jurists feel that it has become a haven for scoundrels, who by some hook or crook, have obtained a law degree or worse still, simply don the black and white and claim to be advocates. They are at the forefront in all disputes, especially property disputes and work out a quick settlement, bordering on terrorising the persons involved, the jurists note. 

However, Advocate R Sudha, vice-president, Madras High Court Advocates Association (MHAA) taking exception to advocates being targeted frequently for ridicule and holding kangaroo courts, said, “Fringe elements are present in every profession and the legal field is no exception. But, instead of painting the whole advocates with a single brush, efforts should be made to augment the quality of legal education.” 

Also, the aspect that “the legal profession is neither an asylum for criminals, nor law degrees a shield for their criminal activities, has found an echo in many judgements. However, a part of the blame for the present pathetic situation has been attributed to the failure of the Bar Council of India (BCI), in effectively addressing the menace affecting the system. In fact, the BCI Chairman Manan Kumar Mishra had gone on record stating that at least 30 per cent of the advocates are fake, bad, and non-practising, indulging in illegal acts and more than 20 per cent persons sporting court dress do not possess proper degrees. 

Advocate M Velmurugan, former member, Bar Council of Tamil Nadu, said “It is high time that such unruly elements, who bring a bad name to the profession, are removed. We have been crying hoarse seeking the BCI to come up with some effective measures, but nothing concrete has emerged. If some visible result ought to be seen, then one has to travel the extra mile and thanks are due to Justice Kirubakaran who has taken it upon himself to cleanse the system.”  

Incidentally, the Madras High Court had impleaded both the BCI and Bar Council of Tamil Nadu and Pondicherry in the case, to chart out ways to weed out such unruly elements. While heated arguments prevailed, an advocate with over two decades of experience informed the court as to how he was being threatened by some practicing advocates from taking up a case. 

Justice Kirubakaran, who ordered police protection for the advocate concerned, also put forth as many as 25 questions relating to unruly behaviour of the so-called advocates and the actions of some leaders of the bar, the mushrooming of law colleges, the dire need to control the number of colleges, stalling the entry of criminal elements and streamlining the legal education.

For that matter, the Bar council of Tamil Nadu had informed the Madras High Court that besides 6,500 advocates in the State having various cases pending against them, as many as 42 persons had enrolled as lawyers without furnishing any basic documents and even an address. Though notice was given to them online, only two people replied and one of them is found to have enrolled twice. Another blot on the Bar Council is that as many as 713 persons with a postgraduate degree from 2009 to 2016 have been allowed to enrol, which is against both the UGC and Legal Education Rules 2008. 

With over 90, 000 lawyers registered with the Tamil Nadu Bar Council and only a small fraction actively working full time as advocates and of them with only a small number making anything like a living from the profession itself, making a law degree worth its mettle  remains a herculean task.

“In the greater part of mechanic trades, success is almost certain; but very uncertain in the liberal professions. Put your son apprentice to a shoemaker, there is little doubt of his learning to make a pair of shoes; but send him to study law, it is at least twenty to one if ever he makes such proficiency as will enable him to live by the business... In a profession where twenty fails for one that succeeds, that one ought to gain all that should have been gained by the unsuccessful twenty.” - Adam Smith, Scottish Philosopher