Stop press: Katju speaks sense, calls for accountability of lawyers via Consumer Protection Act

Saturday, 21 March 2015 By Legally India Bar, Bench & Litigation

Former Supreme Court judge Markandey Katju, argued in a blog post to “bring Indian lawyers under Consumer Protection Act, 1986”:

By the decision of the Indian Supreme Court in Indian Medical Association vs. VP Shantha, AIR 1996 SC 550, doctors were brought under the purview of the Indian Consumer Protection Act as they were rendering services. Hence if a doctor commits medical negligence he can be held liable and ordered to pay damages to the patient.

By the same logic lawyers should also be brought under the purview of the Act as they are also rendering services. This will bring accountability into the legal profession in India, but the lawyers stoutly oppose this.

At present the unfortunate situation is that while there are many upright lawyers, increasingly a large number of lawyers are resorting to unethical practices, bringing a bad name to what was supposed to be a noble profession. Often to extract as much money as they can many lawyers indulge in all kinds of wrong practices like deliberately prolonging a case so as to extract more money out of the client. If there is nothing in a case a lawyer should frankly say so to the client, but how many lawyers do that ? Very few lawyers nowadays tell the client frankly not to waste money in a useless litigation, and most accept briefs however frivolous to make money. Some lawyers are even alleged to have colluded with the opposite party.

Many lawyers, particularly of the Supreme Court, charge totally exorbitant and unjustified fees, some charging upto Rs.30 lacs for one day’s appearance. A limit must be placed on lawyers fees by suitable legislation. Lawyers cannot be allowed to be looters.

The Bar Councils have proved to be ineffective in checking professional misconduct by lawyers. The Consumer Protection Act will be much more effective, and put some fear into lawyers indulging in wrong practices.

Bar Council of India (BCI)disciplinary proceedingsMarkandey KatjuSupreme Court

Comments

Mantu 21 Mar 2015, 07:12
+2 -2
ha...ha..beca he knows very well that CPA in India has been a non-starter! Consumers here rarely get justice....and expecting this against lawyers....please forget it!
Guest 21 Mar 2015, 12:40
+4 -0
Seems right in principle.. would be fun to see some lawyers suing lawyers.. and since the bar exam has failed to bring abt any standards, maybe this will..
Guest 21 Mar 2015, 17:26
+3 -2
he is an old fool. a pity that he ever became a judge. a perfect example of the collegium system producing buffoons. a man who got promoted obky because of the goodwill his family enjoyed.

hopefully old relics like him who subscribe to such horrendous socialist thiught are a thing o the past. what rubbish legislating on the money a person can earn?
Prakash Vaibhav 22 Mar 2015, 02:48
+1 -0
I think law is too subjective a field to entertain such accountability. If it's brought under the COPRA, the honest lawyers would suffer. However, the legislation bringing a cap on a lawyer's fees is a much needed policy of which the void must be done away with.
A Lawyer 23 Mar 2015, 04:00
+1 -2
Many of the judges, law ministers and legislators forget the fact that they were lawyers at one point of time. The also forget that they owe their professional existence to the bar. Somebody like this former Hon'ble Judge was also a lawyer when he entered the profession. He was lucky on account of his family connections he did not have much to slog during his initial days. Had he worked as a first generation lawyer he would have known the life of a lawyer. Further aren't lawyers accountable to disciplinary jurisdiction of the bar councils. Of the number of complaints filed before the Bar Council against lawyers almost many are dismissed as the complaints are frivolous. COPRA is another tool which has harassed many professionals.
Old Wine 23 Mar 2015, 06:51
+0 -0
I have seen lawyers getting sued for deficiency of service in consumer court. the outcome may not be favourable but there is nothing to show that lawyers are not already within the ambit of CPA
Noble fustian! 23 Mar 2015, 12:49
+2 -0
If lawyers should fall within the purview of consumer protection, applying the logic that doctors do, then lawyers should be allowed to advertise that other consumer service providers including noble doctors!
Mantu 24 Mar 2015, 06:55
+0 -0
ha ha..you are trying to establish a noble link between these two independent concepts! BTW, a restrictive regulatory regime should be in place to permit professional advertisements. However, are our nobles administrators wise enough to think about this and act?
Binoy Gupta 28 Mar 2015, 15:06
+0 -0
I think the issue whether advocates are covered by the Consumer Protection Act or not is pending before the Supreme Court of India. It is for the Supreme Court to give its verdict.
Of course, the Govt. can amend the Consumer Protection Act to cover advocates, etc.

But so far the fixing of fees is concerned, we are living in a free country. How can any one fix the fees of lawyers and doctors.
This concept itself is ridiculous.


Binoy Gupta
x Chief Commissioner of Income Tax.[/b]
subrata karmakar 28 Mar 2015, 16:01
+0 -0
I do not agree with Justice Katju as lawyers are the wheels of the chariot of justice and being so we the lawyers help to expedient and mobilize justice hence doctors and lawyers are not equivalent in their rendering of services to common people.
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