The Progressive Growth Of The Legal Jurisprudence In Parlance With The Advancement Of The Legal Profession – A.J.E.SHINY
Essential Features Of The Legal Profession:
The Profession of Law is a great Profession with Serious responsibilities. Firstly, It is a Learned Profession, not merely because Learning is displayed in its Practice, but also because it calls for the high and noble Conduct which is the Characteristic of all true learning. Secondly, It is a Profession in the Practice of which the lawyer has to deal with the greatest Possible Variety of human relations. Therefore, this Profession gives him special Opportunities to equip himself with those qualities which count for Pre-eminence in Society. Thirdly, the Profession of law is the most independent of all learned Professions. This Independence is the bed-rock upon which the claim of the legal Profession to lead the country is based.
The Role Of Law In The Modern Society:
Law is an instrument for establishing Justice and Freedom in the Community.
Cicero- We are Slaves Of The Law in Order That we may be free.
The Compulsion of Law is necessary to make us free.
Justice Mc Cradie Observes “ The Alternative to the Reign Of Law is the Chaos of The Jungle”.
Laws are to be interpreted and applied; the greater the Complexity of laws, the greater would be the need for a sound interpretation of such laws.
Lord Bacon elucidates that Law is the great Organ through which the Sovereign Power of Society moves. A Government of law is the Supreme manifestation of Civilization.
Law is a profession and not a business, results in a number of Characteristics of the Profession and it also imposes a stringent code of Ethics on the members of the Profession.
Justice Williams - The Profession of a Lawyer from the business of a trader has been distinguished where the member of the legal Profession is an officer of the Court, whose main Purpose is to assist the court in administering Justice according to the law.
Judge Winslow- Attorneys are Ministers Of Justice as well as Courts, and Justice will not be Contented with half- hearted Service on the part of a Minister; nor will she tolerate a broken counter within her temple.
In brief, the lawyer being in a fiduciary position towards his client, should not exploit either the necessity of his client or his good nature to obtain undue advantage, bargains and gratuities.
Chief Justice Chagla Observes that ‘ The advocate appearing for the Client should not forget that he owes a duty to his client, and he should not give up pressing a point if he thinks that the Point is a good one. To a lawyer it should be a matter of entire Indifference whether a Judge is pleased or displeased by what he is doing, if he thinks what he is doing is right’. Thus it is the duty of the lawyer to plead for his client with enthusiasm, vehemence and Courage.
Chief Justice Hughes Observes – The highest reward that can come to a lawyer is the esteem of his Professional brethren. That esteem is a unique condition and proceeds from an impartial Judgment of Professional rivals.
Lord Halsbury – The Contention that an advocate is bound to convince himself by Something like an Original Investigation that his client is in the right before he undertakes the duty of acting for him is ridiculous, impossible of Performance, and would lead to Injustice.
Important Equipments Of A Lawyer :
The following Four Characteristics are generally Considered to be the backbone of the equipment of a Lawyer.
- Legal Learning
- Moral Values
- Industry And Hard work
- Tact And Judgment
Notable Observation of the Legal Luminaries:
Justice Holmes – Theory is the most important part of the dogma of the law , as the architect is the most important man who takes part in the planning of a house.
Sir Lionel Leach – Chief Justice Said, ‘ A Person who is appearing as Counsel should not give evidence as a witness’.
Sit Theodore Roosevelt Pinpoints No man is above the law and no man is below it, nor do we ask any man’s permission when we ask him to obey it. Obedience to the law is demanded as a right, not asked as a favor.
Law too gentle are seldom obeyed; to severe, seldom executed – Benjamin Franklin
Laws are a dead better without Courts to expound and define their true meaning and Operation – Alexander Hamilton
Commence Sense Often makes a Good Law- William O. Douglas Supreme Court Justice.
Behind Every Argument is someone’s Ignorance – Louis Brandies Supreme Court justice.
Trivial Facts are Often the Best hints to What is going On – John Roberts Supreme Court Justice
The Task of a Judge is not to make the law ; it is to apply the Law – Sonia Sotomayor Supreme Court Justice
It takes a person with a mission to Succeed – Clarence Thomas Supreme Court Justice
Taxes are the Price we pay for a civilized Society - Oliver Wendell Holmes Jr Supreme Court Justice
The Constitution does not belong to a bunch of Judges and Lawyers. It belongs to You – Kennedy Supreme Court Justice
It is the Spirit and not the form of law that keeps Justice alive – Earl Warren Chief Justice of the United States
The nature of the rules and regulations are subject to dynamic changes based on the upcoming laws ,codes,rules and regulations. The Compilation of rules,regulations,rights,duties together Constitute the legal Jurisprudence.
