Going back to Gandhi the lawyer

January 15, 2015 12:00 am | Updated 04:45 pm IST - MANGALURU:

There appears to be a renewed interest in the Mahatma as attempts are being made to inculcate ethics among law practitioners. Clark D. Cunningham, Lee Burge Chair in Law and Ethics, Georgia State University College of Law, U.S., who has been touring the world on this mission, dwelt on the thoughts of Gandhiji at length during his talk at SDM Law College here.

The talk centred around Gandhian values, which the Mahatma imbibed as a barrister in South Africa. Presenting different scenarios, for example: Would you complain against your nephew practicing law if he misuses the funds of his company or would you bill more for a client if one of your relative asks you to do so, he pointed out how one should adopt a matured stance. The option one chooses should reflect on what is good for society “of which we are a part,” he said.

Prof. Cunningham, who said he is using this presentation developed in collaboration with jurist N.R. Madhava Menon in classes for students at various places, pointed out that the first chapter of a book, “Being a lawyer, becoming a hero”, was dedicated to Gandhiji.

He cited how Gandhiji united through arbitration two warring relatives making them realise that a long-drawn legal battle would drain their resources. When his client Abdulla Sheth won an arbitration case, he became aware that it would push the loser Tayeb to bankruptcy and a possible suicide. He went on to ensure that his client showed mercy on his opponent and set easy instalments for repayment. Uniting litigants is a lawyer’s duty, Prof. Clark said.

When Gandhiji was asked to fight against a draconian law that would adversely affect Indians in South Africa, there was a debate on who should foot his bills. Gandhiji told them that there cannot be any fee for public service.

Though there was a perception that lawyers are greedy, he said that the profession can help bring out the best qualities in a practitioner.

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