Supreme Court judge Justice BV Nagarathna Today (Sept 14) said that certain lawyers under the guise of disseminating legal literacy on social media were spreading a sense of dread, particularly on matrimonial cases. She urged lawyers to be responsible while advising clients and ensure that there is a balance between the duty towards the client and duty to the court. Justice Nagarathna was speaking at the 11th Convocation of the National Law University (NLU), Delhi.
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NEW DELHI: Supreme Court judge Justice BV Nagarathna raised concerns about the growing trend of certain lawyers using social media to spread fear, especially in matrimonial cases, under the pretense of disseminating legal literacy.
She emphasized the need for responsibility and ethical conduct within the legal profession, particularly when advising clients. Her remarks were made during the 11th Convocation of the National Law University (NLU), Delhi, where she addressed recent law graduates.
Justice Nagarathna specifically noted,
“In recent years, under the guise of disseminating legal literacy, a disheartening practice has been adopted by some lawyers on social media. To solicit clients by invoking a sense of dread, especially in matrimonial matters and marketing what is called saving tactics that is scuttle or bombard the legal process.”
She urged new graduates to avoid such practices, stating that legal advice should balance both the duty to the client and to the court.
She further advised young advocates to steer clear of frivolous litigation and warned against being used by individuals with ulterior motives.
“Dear graduates, you have the responsibility to not misuse forums by frivolous petitions or lengthy submissions. An advocate must never allow themselves be used as masks for a busy body merely to harass litigants or the State or deliberately approach wrong forums or protract litigation,”
-Justice Nagarathna emphasized.
In her address to the graduates, she highlighted the ethical and intellectual responsibilities that come with the legal profession, stressing that members of the bar are well-suited to becoming constructive citizens due to their deep understanding of the legal system and Indian society.
She urged them to navigate the intersection between traditional legal practices and the transformation of the legal landscape with a sense of responsibility.
“Your generation sits at the intersection of traditional legal practice and legal transformation,”
-she remarked.
Justice Nagarathna also reflected on the human element of legal cases, reminding the new advocates that litigation is not just about events but about human struggles.
She said,
“A case file is not a mere chronology or index of events but speaks of human struggles and sufferings at all stages of life.”
She encouraged the graduates to ensure that their actions are both principled and pragmatic, emphasizing the importance of legality and morality in their legal practice.
“It is incumbent upon you to show that your pragmatic actions as lawyers are principled, limited by legality and emboldened by morality and your contributions to the society must go beyond legal practice,”
-Justice Nagarathna stated.
Highlighting the importance of the Indian Constitution, she said it is not solely the product of elite circles in “Lutyens’ Delhi” but represents the broader perspectives of the country.
“But [it] breeds in an unheard perspective on every crossroad of this country. As a guardian of rule of law … a lawyer treads into a desired path which is eloquently spelt out in the preamble of the Indian constitution,”
-she observed.
Justice Nagarathna also urged the young advocates to honor the trust their clients place in them, especially during challenging times. She noted the unfortunate perception that young lawyers who represent indigent clients are seen as less successful, but she encouraged them to strive for competence in such cases.
“It is unfortunate that today young members of the legal profession who represent the indigent are viewed as less successful. Undeterred of these perceptions, you must resolve to ensure for the indigent, the most competent representation possible. You must also not view free legal aid as advice to poor without quality,”
-she remarked.
In conclusion, Justice Nagarathna advised the graduates to adopt a problem-solving approach and contribute to bridging divides in an increasingly polarized world.
“In an increasingly polarised world, lawyers have the opportunity to bridge divide and foster understanding,”
-she noted, urging the new advocates to embrace this role.
“You must adopt a problem solving approach,”
-she said, motivating them to engage in a meaningful and responsible legal career.
Click Here to Read Previous Reports on Justice BV Nagarathna
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