The Gujarat High Court on Thursday expressed concerns over how advocates in the state, specifically in Ahmedabad, treat poor litigants.
Justice Gita Gopi expressed hope that now that foreign lawyers’ admission into India has been allowed, they will treat litigants better.
“I am delighted that foreign lawyers are now coming to India. They will, at the very least, treat litigants better. I say this because I’ve seen litigants pay a lot of money and travel long distances to Ahmedabad to meet the advocates. However, they are not treated kindly in return. They will be forced to sit at the office. You (advocates) don’t even allow them inside your chambers, let alone offer them water or tea,” Justice Gopi stated.
The Bar Council of India has recently issued guidelines permitting foreign attorneys to enter India, although on a restricted basis. Foreign attorneys would be allowed to practice solely in foreign countries and advise only foreign clients. They would be unable to attend and argue in courts or tribunals and would be limited to transactional and advising work.
The judge also stated that the entry of attorneys from other countries in India will create a “tough” competition for Indian lawyers.
“With lawyers from other countries coming to India, you (Indian advocates) will face tough competition. Then, I am confident, you would summon litigants to your offices and provide them not only tea but also food. You will do much more things due to the competition,” the judge remarked.
The observations were made by Justice Gopi while dealing with a motor accident claim in which the attorneys did not receive sufficient instructions from the client.According to the judge, poor litigants in India are often unaware of the rules and must pay a lot of money just to travel to an advocate’s office.
“A poor person spends money and travels long distances to visit an advocate’s office. Yet, they rarely get an appointment with the lawyer,” she explained.
However, with international attorneys entering the field, the judge stated that they would introduce corporate culture and handle litigants much better.
The bench then instructed the attorneys not to judge the litigants based on their attire. She told a personal story of how her father used to visit her school in his ‘oily’ clothes.
“A farmer’s clothes are always dirty. A mechanic’s clothes are always oily. You cannot judge them by the clothes they wear. I remember my father always wore his garage clothes. Oily ones always. He used to wear it everywhere. Even come to my school in those clothes. He used to say ‘my clothes are my identity’. Thus, we should not judge people by their clothes,” the judge stated.
She expressed her delight that foreign lawyers will be coming to India.
“I believe that even if just one advocate treats litigants well, there will be a difference. I was overjoyed when I heard about foreign lawyers coming to India,” she stated.
