Thursday 4 October 2007

The non-profit solution to legal aid

I have a solution to the legal aid crisis. The problem is simple. Lawyers for years have been accepting cases for one reason and one only: they want to get paid.

Now I submit that this philosophy of working in order to get paid is perverse and runs against the moral fibre of our society, as far as lawyers are concerned.

Lawyers should be taking on briefs for one reason and one reason only, and that is to see justice done.

The answer therefore is to ensure that only those candidates who go to law school for the right reasons get accepted.

And how can we determine who these noble people would be? Why not discreetly slip in several choice questions into those merciless entrance exams of law schools, which would help us weed out the mercenaries?

Following are a sample of possible questions, which should help us eliminate the avaricious money-grubbers:

As a lawyer your hero would be:

Charles Sobhraj;
Byomkesh Bakshi;
Mother Teresa;

A gentleman calls you from a police station on a second Saturday at 5:30 p.m. asking that you come over to advise on his arrest. He says he has no money and there is no one to defend him as he has no money. You:

Tell him you really would like to get paid;
Tell him your family is expecting you for dinner;
Tell him until this moment your day has been unfulfilled but now his call has revitalized you and you're on your way.

A woman comes to your office indicating her husband of 20 years has thrown her and their two young children out of the house. The husband, a builder and contractor, tells the wife he needs the house to entertain his secretary and she's in his way. He also threatens to hide his assets and tells her she'll never see a single rupee. She is broke and she needs a stay, a maintenance petition and a criminal case for cruelty against her husband. What is your response?

You clear your throat and tell her you're about to go on a lengthy holiday;
You ask if she can borrow any money against her jewellery to at least cover your expenses;
You say: "You've come to the right place. Excuse me while I empty my bank account, mortgage my chambers and car and auction off my wife and kids!”

Girish Letipeti has been dismissed from his job of 15 years as an office clerk at a powerful city corporation. His manager just came over to him out of the blue and said: "You're fired. If you don't like it, go cry." Girish is penniless and he asks you to fight for justice. It's your move.

a) You refer him to another lawyer saying this area is foreign to you;
b) You tell him you'd like to help him but you really would prefer some assurance of payment as your rent is due next week;
c) You say: "No problem. After all I run a non-profit organization. Let's sue the bastards."

Falu Faizal wakes up after a tonsillectomy only to find out that his entire right side is paralyzed. Chances are somebody goofed. It would cost several thousand rupees in expenses for experts to determine if there's any medical malpractice. Faisal, who is now without any income, pleads to you to take on the case. You respond by:

a) Offering to get Faisal some ice cream;
b) Telling him malpractice suits are risky, and usually vigorously fought by the insurance company;
c) Liquidating your kid's college fund, as you know he would have wanted it that way.

If any of the candidates answer (c) to all of the above questions, they would get accepted into law school. Now wouldn't we all want to be represented by lawyers like that! Perhaps in this day and age, we need such lawyers to bring back some faith and hope…

1 comment:

Sairekha said...

thank god ur in glassgaon!! Nahi to socho, the ramifications of this idea packaged into sabharwala's head??:)