Indian Legal Education System

In India, The Role of a lawyer and the purpose of legal education were both narrowly constricted until the last few decades. The country’s legal education system was originally envisaged with the single objective of producing lawyer for courts. However, considering how times have changed, this objective has become a complete negation of what law and legal education stands for in today’s era.

Changes and development that have contributed towards this reform of sorts in the way legal education was conceived are many. For example, the sweeping approach of globalization promoting a globally interconnected market-economy, informed and guided by the regime of decontrol, deregulation and reduced state role as a promoter of public good and social welfare. With this MNCs, TNCs, and big business corporate have come to enjoy enormous power, often exercising influence even larger than the state and with ruthless competitiveness, and profits have become the only guiding force.

There is an ever-increasing demand on the profession locally as well as globally.

Now one regularly encounters new kinds of interests, pressure and stakeholders demanding newer kinds o service, advice and opinions. And, then there are a host of other issues as well-the growing impression that law and legal education tend to be more on the side of articulating and lowering the interest of trade and commerce; young lawyers that are only interested in serving corporate houses and corporate law firms; and preserving legal education’s purpose of being an instrument for bringing about social, political and economic justice.

THE NATIONAL LAW SCHOOLS

To meet these challenges and successfully convert them into opportunities for human welfare one needs new kinds of professionals in the legal system.

And this no doubt is and added responsibility for the institutes and universities creating these professionals. It is combined responsibility of the entire legal education system. And so, whether or not the Indian legal education system can cope with these challenges and harness them in to opportunities needs to be examined.

The Indian legal profession is perhaps among the largest in the world, second only to the US. However, in terms of the ratio of lawyers to the size of the country’s population, there is still much to be achieved. The setting up of the National Law School University in Bangalore two decades ago was step forward in this direction. It brought hopes and positive results in making legal education more qualitatively and professionally attractive for young minds. A dozen other such universities were eventually established to replicate the success as part of the recommendations made by the chief justice4s conference in early 1990s asking states to set up such a law university within their jurisdiction.

However, merely establishing these law schools is no guarantee to success. It is significant to note that these law universities have only been able to produce a few good quality lawyers, which was something the traditional university system could already boast of -despite their infrastructure inferiority. And so, the needs to upgrade the status of legal education system in the country remain urgent.

 

 

Accountability and the Legal System

Accountability; Where Hast Thou Gone?

I'm watching the news...I'm shaking my head.  Once again, a student has shot up his school.  Once again.  I am afraid.  I am afraid for the future of humankind.  What has happened to us?  And more importantly, what will become of us?  But the most important question of all is; where did this all start?

Can we trace it back to one specific moment?  I don't think so.  This has been a gradual process that snuck out of the legal system slowly but surely until it became all consuming and all that any lawyer with persuasive skills strove for. 

The Defense.

Back in the day, Legal Courts ruled swiftly and harshly, and crime was punished and put down with great force and with very little protest.  Of course, this was not ideal.  Many innocent people were put to death.  Even more were sentenced to life imprisonment for crimes they didn't commit for lack of someone to speak on their behalf.  Thus, the defense lawyer was born.  Certainly, there have always been defense lawyers, but they did not function to try and free their clients, because the assumption of guilt was always there, but worked to lessen a sentence instead.

However, as the years progressed, Defense Lawyers started getting smart.  They found loopholes in the system and in the endless, confusing writings of our law books.  They learned how to reinterpret regulation, rules, laws, and ultimately,  human behaviour and eventually the accused was no longer presumed guilty and the burden of proving guilt rested on the shoulders of the Prosecution.  And on top of all that, the Defense also found Psychologists.

Psychologists are important.  They are needed, but they have also been a part of the downfall of our legal system.  Of course, many crimes are committed due to mental illness, but this is not always the case, and often, the Defense tries to make it look like that.  Temporary insanity, they say.  How convenient.  Depression, they continue.

It just goes on and on. 

But back to the problem at hand.  How did we become such a consciousless society?  What happened that gave us the go ahead to do whatever we want to do without a care in the world?  Who gave our children the idea that no matter what crime you commit, you can get away with it?  and more importantly, why are they committing these crimes in the first place?

Over the years, we have been watching the news.  We have been watching people like OJ Simpson, clearly guilty, escape punishment largely because of the savvy of his lawyers.  We have watched the Columbine shootings and listened to the reasons why those boys committed those crimes and why it was justified.  We have listened to Psychologists explain that when children feel like they can't measure up, they can turn psychotic, and should not be held responsible for their actions in those instances.

As if not making the hockey team should be reason enough to kill your coach.  As if not being able to stay out past your curfew, or date the boy you want to should be reason enough to murder your parents.

It is disgusting and more to the point; ridiculous what we have allowed to happen in our society.  Everyone knows that whatever happens, a lawyer is waiting to defend.  And the more sensational the crime, the more lawyers willing to defend it.  Money is not needed to retain a good lawyer anymore.  The media coverage on such a case is more than enough to entice the best of them.

So it was a proud day for many Canadians when Stephen Harper, Prime Minister of Canada laid out his proposition to come down hard on young, violent offenders.  Many people, and especially victims, thought  that this is something Canada can be proud of.  For some reason, we have fooled ourselves into thinking that a 12 year old cannot know what he is doing because his brain is still developing and that distinguishing from right and wrong is difficult for them.

My 5 and 7 year olds have understood that concept very well from the age of 2.  There is no lack of understanding on their part when they do something wrong and are sent to the corner for it.  Saying a 12 year old doesn't is a ridiculous notion.  Perhaps he can't imagine the consequence, but he knows very well the right and wrong of his decisions.

I think we need to be even more frightened of a 12 year old who commits a violent crime because if he doesn't have a conscience now, imagine what he'll be like at 20.

We have to stop fooling ourselves and living in a society where we let crime go unpunished, heaping excuse upon excuse on it instead.  We have lost our accountability.  We keep passing the buck, pointing the finger, and we act like children whining; 'he made me do it!' 

We should be embarrassed.  I know I am.

Navigate The Legal System And Get Compensated- Hire The Right Personal Injury Lawyer

Many people can be in need of a personal injury lawyer. It is not seldom that another person causes injury to another - either action, in-action or negligence. Most of the personal injuries are caused by motor vehicle accidents. What would happen when you get hurt and seriously wounded? You will surely miss work, not to mention the pain, the medical out-of-pocket expenses.

In many cases of personal injury caused by a vehicle, the culprit merely calls on their insurance company which is expected to compensate the victim. They usually do not care - anyway their car is insured. The insurer will in their best effort try to offer a compensation which is beneficial not to the victim but to the company. This means bringing down whatever financial benefits accrue to the injured party.

Did you know that you can be better off in your claims with the assistance of a personal injury lawyer? You can be like many other victims who found it easier to manage the situation when they had these lawyers. The pain of the injury is there, the trauma does not go away but then - they can help you get the optimum compensation that you deserve.

From experience people who fall victims of a car accident lose a lot of material properties. They could not go to work. This is aggravated by financial needs because of the medication, even hospitalization for more serious injuries. Time of the injured and the family is used-up in the healing process.

The accident will mess up the life of the victim and the family. It cost them a lot yet is offered meager compensation. The battle with the insurance company can take long so many would just accept the unjust offered amount, give up the case and start their life anew. But then, with a personal injury attorney the injured can get what is legally owed to him. The lawyer knows how much is due his client.

If you happen to suffer injury - whether it was a deliberate action, an accidental in-action or plain negligence, you need the help of a legal professional to navigate through the legal system. With this action, just compensation is paid the victim. Though there may be negotiations, the counsel knows the least acceptable amount and this is more than what the insurance will initially offer.

In some instances, the case can go into court. This is when unacceptable amount is offered by the offending party. Your attorney will be with you all through your legal battle. And in the end, you will receive just compensation for the personal injury.