Navigating the Challenges of Litigation: A Lawyer's Perspective

As a legal practitioner, every lawsuit, whether it involves civil disputes, criminal cases, or family law, can present unique and often arduous challenges. In this article, we will delve into the difficulties faced by litigators in India, covering areas such as compromise cases, family law cases, missing clients, and the unpredictable nature of judicial proceedings. Understanding these challenges and their impact can empower both legal professionals and their clients to navigate the legal system more effectively.

Compromise Cases: A Wasted Effort?

A significant portion of legal cases fall into the category of compromise deals, where parties involved in disputes choose to settle their differences outside of court. While this can be a pragmatic solution, it often comes with its own set of complications and challenges. In India, it is common for villagers to file mutual FIRs (First Information Reports) against each other due to minor disputes. These cases typically end in a compromise as parties realize the financial and emotional toll of pursuing a full-blown legal battle.

A typical compromise case involves a lawyer who, for a minimal fee of 7-8k, needs to prepare and submit a quashing petition, translate and document all the relevant papers, and make photocopies. This process, though essential, can be time-consuming and frustrating. Despite the efforts made, many such cases end up endlessly pending before judges, taking up valuable court time and resources. This raises the broader question: is this not a waste of time, money, and paper hours? The emotional and financial distress caused to individuals, who ultimately choose to compromise, highlights the need for alternative and more amicable dispute resolution mechanisms.

The Toll of Family Law Cases

One of the most challenging areas of litigation involves family law cases, such as divorce and maintenance. These cases often blur the line between legal representation and psychological therapy. Clients may file numerous applications solely to cause distress to their ex-partners. Additionally, family law cases can be emotionally draining, leading to scenes of children crying, elderly people openly shedding tears, and strained relationships between family members. The personal toll on the litigator is significant, as the legal process can be both exhausting and emotionally taxing.

MIA Clients: The Ethical Dilemma

Despite the best efforts of litigators, some cases involve clients who are difficult to contact. These incomplete or missing clients often make only partial payments towards their fee and then vanish, never to be heard from again. By the time the case is listed for final arguments, years can have passed, and the lawyer is left to argue the case out of a sense of moral obligation rather than remuneration. Ethical considerations require the lawyer to continue the case, but the lack of client communication can result in lost fees and a sense of professional frustration. Even if the case is ultimately favorable, the client may never be aware, furthering the sense of injustice.

The Judge's Mood and Other Challenges

Preparation and hard work are essential components of a litigator's job, but the unpredictable nature of judicial proceedings can turn even the most meticulously prepared case into a nightmare. One of the significant challenges faced by litigators is the variable mood and availability of judges. Judges may go on leave at inconvenient times, leaving litigators waiting in suspense until they return. Additionally, judges may appear disinterested or even refuse to listen to arguments for various reasons, such as being tired or not feeling up to the task.

These factors, combined with the time-consuming nature of preparing, filing, and presenting cases, can make litigation feel like a relentless challenge. However, understanding these challenges and their impact on the legal system can help both litigators and their clients make more informed decisions and navigate the complexities of the legal arena more effectively. For more related information, visit Enso Legal.