Introduction
Cinema has been the epicentre for over dramatizing different professions and key aspects of a person’s life from time in memorial. Over the time we have witnessed so many films and stories that dramatize a specific profession or job. With the rise of OTT platforms and exclusive content which they offer, cinema and such OTT web shows and series have painted a quite extravagant picture of some of the most respected professions in our minds. It is not necessarily a bad thing as we see in some cases the makers of these shows or cinema try their best to attract the attention of the viewers by showing the profession in a high energy and boosted environment where they may highlight some good or bad aspects along with some challenges related to that profession.
One such profession is the Legal
profession shown in films and cinema where the process and procedure is
overdramatized so as to attract the attention of the viewer and make them
fascinated with the work of such professionals. As a legal professional myself
I find these dramas overexaggerated to the extent where they are just
misleading to the normal public who watches this content.
After consuming such content when
our client comes to our office, he has set up some unreal and unjustified
expectations from their advocate so as to represent their case in the court of
law. Not just that, sometimes these misguided clints also have preconceived
notions about the process and procedure of the court to deliver justice along
with false information pertaining to the laws of the land and an opinion as to
how the case should be performing. It takes a lot of time for a legal
professional like me to properly guide my client out of the imaginary and
misconceived notions that they might have developed from consuming such content
along with effort put in to deliver the reality of what actually needs to be
done in the court so as to help it deliver justice.
As you may have guessed, this
article is a light hearted take of a legal professional/ real life lawyer/
advocate into the intricacies of legal practice shown in content through the
means of Dramas and cinema. I will try to highlight the differences that a
legal professional may see in such films from the deviated reality in which
they actually practice law. By this
article I will try to remove any preconceived notions from the minds of any
justice seeker and will try to give a much more realistic idea of expectations
from certain situations in a legal process.
This is not a comprehensive guide
to the legal procedure followed inside courts of law and the actual procedure
might further vary depending on the nature and circumstances of each case. Any
justice seeker is requested to please consult with your advocate before making
assumptions based on this article.
Differences with respect to meeting your lawyer
Often it is shown in movies and
entertainment shows that there is this lawyer who is the only one who can win
your case, and he is often too busy to take case briefs and one is expected to
do something clever just to meet and convince this lawyer.
However, in real life, though you
will find lawyers that are this good, but mostly there are advocates who
specialise in certain domains and its practice and one can meet them through a
simple booking of appointment. Also in most cases, if the senior advocate is to
busy, it is less likely they will outrightly reject arguing one’s case, rather
they may get any one of their juniors, who themselves might be very qualified,
to represent the case.
Role of Legal Professionals
Almost in every movie and
entertainment show, it is shown that the advocate, once he has the case, now
goes on the streets on his own or with his helper, to find for truth and
evidences in support of his client, risking his life in the process, doing
action stunts and what not.
In real life though, life of an
advocate is not that entertaining. In real life all advocates operate through
their offices and chambers only. It is true that an advocate does try to
unearth the truth in the case, but it is often done just by talking to his
client and other people involved. It is also true that one may try to gather
further evidence in support of the case of his/her client, but that too is
possible with a RTI from the comfort of his office or a corroborating/deep
reading of the documents/chargesheet already available with the client.
There are ethical codes which
need to be always followed by all advocates and a legal team collaboration in
research on laws and case laws can be the difference of winning and loosing the
case.
Legal Setting and Courtroom Atmosphere
We often see in movies, that
there are beautiful looking courtrooms, high tech security forces even in civil
courts, or a division bench in subordinate courts with high drama and tension.
The court only sits to hear this case of our protagonist and after hearing that
the court is adjourned for the day.
In real life though, things are
much more complicated. The courts in India are aesthetically more like any
other government office in India, barring a few court premises that are very
well and designed with modern architecture. Also, courts follow their rules
made by their respective High Courts of state. Almost every time, the courts
have a number of cases on their cause lists that need to be heard on that given
day hence the courts have limited time that is allotted to each case to be
heard, so the possibility of a great monologue by the advocate on initial
stages of the case is very unlikely.
Differences in Trial Procedure and Timeline
In movies and OTT shows, the
trial is often shown to be super-fast. Our protagonist files a case and the
entire court takes it on priority, give dates ranging in days, weeks, and one
or two months. Everything is filed on the spot, nothing is supplied to opposite
parties in advance and important stages of trial of the likes of summoning,
charge, admission denial of documents are often left out as they may not be as
interesting as stages of evidence and arguments.
In real life practice all stages
of trial are equally important and in order to get favourable outcomes, one
needs to make strategies for all stages of trial. Also, in real life there are long unwanted
delays in a case, may it be long dates given by courts or adjournments due to
some technical fault or transfer or strike, it takes time in years to get an
ordinary case resolved before courts in India.
“Tarikh pe Tarikh” is an actual reality, specially before subordinate
courts and tribunals.
Legal formalities of the likes of filing Process fee, getting certified copies, inspection of court file and record, receiving back of summons/ notice, takes a lot of time, sometimes in years. At this stage any person aggrieved may feel that unnecessary delay is being caused and nothing seems to be happening in his/her case, which is true in a way. But the other side of things is the advocate has very little to do with such delays and it is mainly due to the overburdened judicial system of our country. This leads us to the topic of legal reforms and police reforms that are needed in our country, which we shall discuss in a separate blog article.
Differences with respect to warrants, legal notices and summons and their execution
We see in movies, the courts
issuing warrants or summons and the parities appearing in no time. Real life
does not work like this, though it should, ideally. There are, almost every
time, delays in executing warrants and delivery of summons. Proper processes
are followed in real life unlike in movies where all processes are kept aside
at the time of execution of warrants.
We also see in films that police
brings in non bailable warrants (NBW’s) for the accused, arrests him, take him
to police station and then out of sympathy or a clever tactic used by accused,
grants him bail then and there, and lets him go. This obviously cannot happen
in real life as bail can be granted for NBW’s only by a judicial magistrate. However,
we have seen some remote instances of distinctly similar situations, where the clever
workaround and solution to this problem lies in the word “arrest”. If there is no “official arrest” by police,
then no need to get bail, isn’t it.
Appearance in court of law
We see in entertainment shows
that the lawyer comes in with hero music being played in background and with a
dramatic entry, removing his sunglasses and walking into the courtroom where
everybody knows him.
In real life, unless you have
practiced in a particular court of law for more than ten years, it is quite
possible that no one knows you in person and if you are not present at the time
of calling of your matter, the court may passover or adjourn your matter and
move on with other cases, which is quite anti climatic to say the least.
Mannerism in court of law (client, lawyer, and Judge)
Unlike what we see in movies and
dramas, the parties and advocates are expected to keep a respectful tone of
voice and follow a demeanour that is not in any way disrespectful to the bench.
The judges in real life are also expected to give respect to the advocates
appearing before them and listen to parties of cases.
Raising of voice by an advocate
at the bench can be the final nail in the coffin for his/her legal practice and
may trigger suspension or revocation of Bar licence to practice.
Another thing I have notice in
movies and dramas are the attendance of a crowd or audience inside the
courtroom. In real life this is not allowed. Only litigants and lawyers from
that court are allowed to occupy seats and they also have to maintain pin drop
silence between and during proceedings, unlike in movies where they are
clapping and whistling, chanting slogans etc.
Also, in actual legal practice,
we see the judges to be calm, composed and much more into the legal aspects of
the case rather than emotional aspects.
Differences with respect to evidences and Procedure
Unlike shown in movies and OTT
shows, there are strict laws and procedures in place with respect to summoning,
procurement and production of evidences and witnesses. It is not a surprise for
the court or the other party that a witness is being called or a piece of evidence
is being produced before court. They have to be informed well in advance. In
the rare case they are not informed in advance, the other party will get the
opportunity to prepare for cross-examination or defence until the next date of
hearing, which in itself would be in months.
Procurement and admissibility of
evidence is also a key fact that is often overlooked in such entertainment
dramas where the protagonist may enter into a top-secret government office and
steal documents and then present them before court. In real life, the
protagonist will himself be framed and arrested for trespassing, breaking open,
theft, and possible sections dealing with official Secrets act. Then to add
salt on his/her wounds, the said piece of document will not be admissible in
court of law as it has not been procured from official sources and there are
doubts on its validity.
Cross-Examination and Argumentation
In movies, cross examination is
often shown as an open heated debate, where the cross-examining lawyer is
asking general, unrelated, open-ended questions at a fast-pace. We also see
such fictional lawyers making the witness reveal great detail of facts in
questioning on its own and with dramatic pauses, they assume things that have
not been said by the witness.
In real world, cross examination
is a skill developed by lawyers over many years of practice experience. It has
strategies in place, specific leading questions as per such strategies making
the witness contradict his previous statements and making them nervous so as to
weaken the case of the other party and that witness’s statement.
The best cross-examinations are
the ones where witness does not realise while answering questions that they are
about to destroy their case. It is an art to say the least.
Difference with respect to final arguments
Although there are instances
where there are heated arguments at the stage of final arguments in a case, it
is more often than not for the courts to hear parties one by one and giving
them time to complete their arguments, without interruption by the other party
as it is shown in entertainment shows and movies.
Also, unlike shown in movies,
final arguments do not end up in great unrelated monologs. They are precise, to
the point in many cases and a final attempt for the counsel to make some sense
of all the evidences, witnesses, cross-examinations, and case research in
favour of their client. Hence it is not instinctive, rather it is strategized
in a way that all pointers are covered.
Sentencing and Verdicts
Unlike as shown in movies and OTT
Dramas, where the judge comes out with a judgement based on emotions and
reactions of public which is an unexpected turning point, in real life, in most
cases based on the arguments and evidences before the court, the result can be
expected prior to the judgement being pronounced. Also, in real courts the
judgement is almost entirely based on laws and arguments and emotions do not
paly any part in the formation of outcome.
Another relevant aspect here is
post-verdict procedures in place. Unlike in movies, where the judgement is the
end of that case, in real life it is the start of a long unrelenting dispute.
Any party who is aggrieved, will often than not, make an appeal in a higher
court of law and will keep on doing so till they are prohibited to do so. Hence
it will take a lot of time for a dispute to really end.
Use of Legal Terminology
Films may misuse or oversimplify
legal jargon. I have seen several movies where the use of a specific legal
terminology is being used repeatedly and without reason. Real lawyers rely on nuanced interpretation
of statutes and try to keep it simple for giving it a chance to resonate with
everybody relevant to the case.
Conclusion
In conclusion, we can see that
the real-life law practice is completely different to the reel life practice
shown on screen for the most part and anybody who wants to take up the
profession or is a litigant, should have managed and real expectations for the
profession. do let me know in comments if you want to share something that I might have missed in this article.
___________________________________________________________________
Related Blogs:
Perspective Dive: The Rise Of Digital Arrest Scams In India And Legalities Involved
1.
Perspective Dive: State of Undertrial Prisoners in India
1.
Default Bail Explained: Your Rights and Options
1.
Perspective Dive: Community Service as an Alternative Punishment in BNS
1.
Perspective Dive: Is There Need To Further Change Laws To Ensure Women Safety In Our Country?
___________________________________________________________________
Disclaimer:
This Article/essay provides general information and does not constitute legal
advice. Consult a qualified legal professional for specific cases.
Tip: If
you find this Article to be of any relevance, please feel free to give your
feedback to the author via commenting below. Consider following my blog. For
any query or suggestions, you can email the author at support@legalprobe.in
___________________________________________________________________
0 Comments