Firsts, for one reason or the other, are always memorable. That September morning, about 3 years ago, was my first interaction with the courts of Pakistan and the product of its legal system. I was assisting an Associate from the law-firm. The case related to a claim of inheritance and the opposing counsel looked calm despite the fact that he had hair growing out of his ears. He approached me with a not so subtle I am sizing you up look. Who are you?, he asked. I told him we had been engaged by the legal heirs. Ah, yes, he said, I could tell you are the legal hairs. I tried mentioning that I wasnt the heir but the clients were. He would have none of it. Being a good advocate he kept using the words legal hairs. I started wondering if his excessively hairy-self had anything to do with any possible distinction between legal and illegal hairs. Lets hope not.
Soon after, I was in the High Court watching another lawyer argue. This was a case between a bank and a sugar mill that had allegedly not paid its loan. I distinctly remember being thoroughly confused when the lawyer said, I am the Bank. The little voice in my head urged me to look for brick, mortar, glass and cash deposits in him but his opponent just took the cake when he said, I am the sugar mill. Now, that just sounded painful. Another classic was the one recently related to me where a male lawyer said, I was turned out when I was seven months pregnant.
You dont need to be an Orwell fan to get an idea that language does influence thought and its processes. Lawyers in Pakistan are allowed to use the word, I or we while referring to the clients case. While it does lead to situations where one can have a good laugh, there is a deeper issue here. The fact that we lawyers use language that allows us to literally step into the shoes of our clients raises the danger of a compromise on our duty to the Court. While in Bar School, I was given a ten minute talking to by my personal tutor since I had used the word we while arguing an injunction. Instead of being officers of the court, a lot of lawyers in Pakistan act as the client himself. The ostensible regulation being carried out by the various bar councils is hardly credible but since this is Pakistan I guess things just happen a certain way. We seem to be stuck in a way of doing things. Bono put it more aptly when he wrote you have got stuck in a moment and you cant get out of it. Speaking of being stuck in a moment, I cant forget the lower court judge who refused to hear a case after an early morning earthquake in Lahore. It was almost endearing since the order reflected it too; because of sudden earthquake I am mentally disturbed and not in a fit state to hear the case. Therefore, the matter is adjourned.
The courts of Pakistan are an amazingly democratic place. All is definitely not well in them but still they reflect the diversity of this country and each day you get food for thought. The educational apartheid, the poverty, lack of easy access to justice is reflected starkly each day in courts. If you have an ear for all that is amusing, you can definitely keep yourself entertained. Allow me to relate what I witnessed recently in a Magistrates court. The poor judge had run out of wet towels and was sweating profusely; his weight was not conducive to sub-continental summers or his chair. The lawyers appearing before him were eager to abandon the cause of justice for the more easily accessible biryani in the Bar room. A way to adjourn the matter had to be discovered but of course the judge couldnt have said I dont feel like it; National Judicial Policy and all that I suppose. He looked at the papers and said, I cant see. This is so dark without electricity. It was noon, in Lahore no less, and not a cloud in sight. The lawyers immediately chipped in and related their stories of how loadshedding had made life na-mumkin. One scoffed and said, this is what we get for democracy. The judge too pensively shook his head and said in a rather grave manner, so many promises and this is what democracy brings us, loadshedding and inflation. The mood was somber. The place of democracy in the courts of Pakistan has never been secure and that morning it was again an easy target in an obscure courtroom in Lahore. I suppose the aim was more benign though. The Order read: as power has left and departed therefore no light is on. In view of this it is impossible for me to read the papers. Case adjourned.
The writer is a Barrister of Lincolns Inn and practices in Lahore. He has a special interest in Anti-trust/Competition law. He can be reached at [email protected]
