More often than not, people at some point in life get stuck into a land dispute or an accident or get defrauded by someone or even an affray (fight). A time might come when you would have to consult an attorney (advocate in India). And when such time comes, you need to present your case efficaciously to your advocate.
Now, you might ask a question "Isn't that the reason people hire an advocate?" That is to represent your case? Well, it is partly right that advocates have the prerogative to represent one's case. However, before an advocate plead for his client, shouldn't he be aware of his client's issue in the first place? It's like consulting a doctor. An ill person can go to the doctor's clinic and ask him to give medicine, but before prescribing medicine, the doctor must know the patient is suffering from are?
Similarly, for an advocate to propose a legal course of action, he should know the story with all its facts. Thus, one has to narrate his story with its background containing every detail in the events. Advocates can assist one in a way that he helps himself, and it is possible only when one presents his case to his advocate in an effective manner.
When planning to consult an advocate, he should approach him after doing his homework in a case relating to land disputes. For instance, he should write down the entire series of events in a dispute in a chronological order specifying, What happened? When did it happen? Who was involved? How was the dispute started? How was he affected by the dispute? Who, according to him, is liable for his injury or damage? Etc. Along with a detailed story, one should carry all the relevant documents related to that matter.
For example, in this matter, all the documents related to the disputed land may be of ownership, mortgage, will, etc. In addition to this, one should also make a list of witnesses to make it easier for his advocate to take their statements and use them as crucial evidence to make the proceedings expeditious. This is pivotal as narrating the story scattered would make it difficult for advocates to connect the dots and fully comprehend it.
As mentioned before, the advocate should get every minute detail of the series of events that took place, causing the dispute. The details which seem frivolous might even be helpful to make one's case substantial in court. For instance, if a women's chain has been snatched on a midday sunny afternoon, the weather must be mentioned on a midday sunny afternoon. It was seemingly a hot day; no one was on the road near the crime scene, which gave courage to chain snatchers to commit the crime.
Also, what seems a single crime to a layman can consist of multiple crimes in it. Only an advocate can figure it out and add it in his argument to increase the probability of conviction of the accused. For example, in Kasab's trial and Section 302 of the Indian Penal Code, 1860, he was forced to enter the station without a platform ticket. No matter how trivial the details are, it can help one increase the chances of getting the case in his favor.
Thus, to conceptualize the scenario, one must provide his advocate with every detail specifying the names, exact incidents, and factual information.
Honesty and Confidentiality.
One must be honest with his advocate. It's like consulting a doctor unless one is not honest about his ailments to his doctor; he cannot get the appropriate treatment. Similarly, unless one is not honest with his advocate, he cannot get proper legal advice. If one omits relevant facts and adds a fictitious story, it will only be backfired on him.
The advocate can give his client the right advice by considering the law and preventing his client from getting into additional legal trouble. One doesn't have to worry about the confidentiality of the conversation between him and his advocate as an advocate, and his client enjoys a privileged conversation.
Section 126 of Indian Evidence Act, 1872 states, "No barrister, attorney, pleader or vakil shall at any time be permitted unless with his client’s express consent, to disclose any communication made to him in the course and for his employment as such barrister, pleader, attorney or vakil, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for his professional employment, or to disclose any advice given by him to his client in the course and for such employment" Which explains that without an expressed consent the advocate is bound to maintain client's confidentiality.
The privileged conversation intends to make the conversation between the advocate and his client more truthful, open, and frank by assuring non-disclosure to protect the client's interest. Thus, it is of utmost importance that one present his case to his advocate with absolute honesty as confidentiality is assured.
Clarification and Update.
Legal jargon can be enigmatic and jawbreaking for the layman, and sometimes even legislation can be conflating. It's more viable to get assistance from his advocate in understanding legalese rather than trying to decipher it all by himself. It's also essential for one to keep his advocate updated about new facts of the case.
For instance, if someone for monetary gains deceived one and used up all the money, one must update his advocate with new facts. New facts bring new interpretations, and an advocate can use new facts to make arguments that will eventually increase the probability of winning the case.
Thus, while presenting a case, one should approach the advocate in an organized manner; he should give all the minute details and be absolutely honest to him. Lastly, he should keep his advocate updated about the new facts.
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Author: Shweta Singh