The Supreme Court on Thursday has been presented with a plea challenging the inclusion of advocate services under the ambit of the Consumer Protection Act. This case, represented by the Bar of Indian Lawyers, has sparked a significant debate on the nature of legal services and their classification as a consumer service.
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The appellants, represented by Senior Advocate Narender Hooda and Advocate Jasbir Malik, with Senior Advocate V Giri serving as the amicus curiae, have put forth a compelling argument against the necessity of a consumer forum for litigants when they already have the option to file complaints against lawyers with the Bar Council of India (BCI). The counsel for the appellants emphasized,
“To consumer court, only a letter needs to be written and complainant need not turn up. Lawyers are not even entitled to advertise. For doctors, the relationship with patient is direct. Outcome is dependent on so many factors.”
This statement underscores the unique dynamics of the lawyer-client relationship, which, according to the appellants, should not be simplified to a mere service provider-consumer transaction. The Supreme Court’s bench engaged with this perspective, noting the absence of advertising practices among doctors, to which Hooda responded by highlighting the commonality and permissibility of advertisements by specialist doctors, a liberty not extended to lawyers.
“Lawyers cannot give page 1 advertisement. Courts decide direction of cases. Both (sides’) lawyers help it in navigating the arduous terrain in quest for truth. Agency of lawyer goes beyond the money aspect,”
Hooda elaborated.
The crux of the argument presented by Hooda and Malik revolves around the fundamental nature of the attorney-client relationship. They argued that this relationship cannot be equated with that of a service provider and consumer, primarily because it is established through a letter of authorization/appearance rather than a service contract. This distinction, they contend, places legal services outside the scope of the Consumer Protection Act, suggesting a need for a more nuanced understanding of legal advocacy and representation.
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This ongoing case presents a pivotal moment for the legal profession in India, as it challenges existing perceptions of legal services within the framework of consumer protection laws. The outcome of this plea has the potential to redefine the parameters of accountability and consumer rights in the context of legal services, setting a precedent for how legal professionals engage with their clients and the broader legal system.
As the Supreme Court continues to deliberate on this matter, the legal community and consumers alike await a verdict that could significantly impact the dynamics of legal service provision in India. This case not only raises important questions about the nature of professional services but also about the rights of consumers and the responsibilities of service providers in the legal domain.
The Supreme Court’s decision on this plea will undoubtedly have far-reaching consequences for the practice of law in India. By examining the intricate relationship between lawyers and their clients through the lens of consumer protection, the court is poised to make a landmark ruling that could reshape the legal landscape, emphasizing the unique role of legal professionals in the pursuit of justice and truth.
