Justice Nagarathna Expresses Concerns About Lawyers Soliciting Clients By Spreading Fear Through Social Media
Supreme Court judge Justice BV Nagarathna frowned upon the practice of lawyers soliciting clients by creating fear through social media, especially in matrimonial matters.Speaking at the convocation ceremony of the National Law University, Delhi, Justice Nagarathna said :"In recent years, under the guise of disseminating legal literacy, a disheartening practice has been adopted by some lawyers...
Supreme Court judge Justice BV Nagarathna frowned upon the practice of lawyers soliciting clients by creating fear through social media, especially in matrimonial matters.
Speaking at the convocation ceremony of the National Law University, Delhi, Justice Nagarathna said :
"In recent years, under the guise of disseminating legal literacy, a disheartening practice has been adopted by some lawyers on social media to solicit clients by invoking a sense of dread, especially in matrimonial matters, and marketing 'saving tactics' that scuttle or bombard the legal process. Dear graduates, as constructive citizens you must ensure that your advisories to clients are not laced with a side-step of the law but find a balance between your duty to the client and the court."
She advised the young law graduates to balance between their duty to the client and the court. She said that young practitioners should excercise caution that their services are not used by busybodies and to further frivolous litigation.
Concerns about low women representation
Speaking at the 11th Convocation of the National Law School University, Delhi (NLUD), the Judge stressed that of 788 High Court judges, only 107 are women (13 %).
“The Bar Council of India has no women representatives at all! These disturbing figures are not mere statistics, they represent missed opportunities, unheard voices and important perspectives of which our legal system has been deprived”
“As constructive citizens, it is your responsibility to provide and create spaces for women, and in fact all genders, to actively participate in the profession without fear or hesitation.”
Quoting a report of Reuters in 2022 (US-based Survey), she pointed out that 60% of women lawyers leave practice between 35-55 years of age in the prime of their careers.
“Large majority of women, 85% cite the lack of work-life balance as the prime reason for dropping out”
She also expressed concerns over women lawyers opting out of the profession at a time when their potential to grow is highest.
“Women constitute only 15% of enrolled lawyers in India. Most women are forced to drop out of the legal profession in the middle of their careers
During her speech , the judge dwelled into the idea of citizenship and its various fundamentals.
“Citizenship being a form of membership is a multifaceted concept. It a legal, factual, moral and communitarian all at once”
Justice Nagarathna emphasized the importance of responsible citizenship in a free society. She stated that citizens must go beyond their legal duties and show tolerance and patience for the rule of law. The judge stressed that citizenship is not just about legal entitlements but also requires a sense of commitment.
Highlighting the role of the constitution in shaping the holistic nature of citizenship, she pointed that the preamble of the constitution balances both liberties of the individuals as well as their responsibilities towards upholding fraternity. The judge reminded the audience that the Constitution is not limited to Delhi but is relevant throughout the country.
Referring to the recent trend of lawyers expressing on social media, Justice Nagarathna
She also frowned upon the practice of bar members boycotting their duty of representing the accused irrespective of the nature of the case.
“I am saddened to learn that even in this century resolutions are passed by bar associations banning any advocate from appearing for an accused. Such wilful denial of right to representation and disregard of duties is a public choice irreconcilable with the constitutional methods and solemn goal of providing justice.”
She also added how prolonged pendency and misconduct by members of bar lowered the legacy of the profession.