By Adv. Shashank S. Narvekar
Mapusa Municipality Councillor.
The recent remarks of the Hon’ble Chief Minister that in many property cases, litigants end up paying lawyers’ fees exceeding the value of the property in dispute have once again brought the legal profession into public debate. Such an irresponsible and sweeping statement deserves condemnation, as it undermines the dignity, importance and constitutional role of the noble profession of advocacy.
This is not the first time the legal profession has faced such criticism. Some time ago, an erstwhile Minister questioned the professional fees charged by advocates for drafting and registering sale deeds. Such remarks ignored the expertise and responsibility involved. An advocate does far more than prepare a document. He verifies title, examines encumbrances, ensures legal compliance and protects the client’s property rights. A single mistake can result in years of litigation and losses far exceeding the professional fee.
People do not engage advocates for pleasure. They approach lawyers only when negotiations fail, rights are violated or disputes become unavoidable. The high cost of litigation is primarily the result of judicial delays, procedural complexities and administrative failures and not because advocates prolong cases.
Ironically, many politicians who publicly question advocates’ fees are themselves quick to engage the country’s finest lawyers whenever they, their family members or party workers face criminal cases, election disputes, property matters or constitutional litigation. They willingly pay substantial professional fees because they recognise the value of competent legal representation. It is therefore unfair to criticise advocates publicly while relying upon them privately.
Mediation is undoubtedly an excellent method of resolving disputes and should be encouraged wherever possible. However, it cannot replace courts in cases involving fraud, forged documents, criminal offences, abuse of power or violations of constitutional rights. In such cases, the role of an advocate is indispensable.
Rather than questioning advocates’ fees, attention should be directed towards the real causes of litigation, poor governance, bureaucratic delays, defective land records, corruption and lack of accountability. Better governance will naturally reduce disputes and court cases.
Advocates are officers of the Court and guardians of the rule of law. They do not create disputes; they protect the rights, liberty and property of citizens. A properly drafted sale deed and timely legal advice often prevent costly litigation. Legal fees should therefore be seen as an investment in legal security, not an unnecessary expense.
Justice is never expensive. Injustice always is.
