A taste of legal banter

FI Choudhury

The professional journey of a lawyer brings innumerable humorous moments and many are worth sharing. A humorous submission during court hearing, at times, makes things easier for a client. Normally, courts reject successive bail applications if there is no change in the circumstances. Charged with bank fraud, my client was in judicial custody for two years. The high court rejected his successive bail applications, opining that there was no change in circumstances. When his final legal battle augmented before the apex court, judges hurled the same question. I politely replied, ‘My Lord, my client’s death would only change the circumstances.’ The laughter brought smile to my client’s fate.

After the Supreme Court Rules, 2013, came into force, the court fee enhanced. The fee to file a writ petition on behalf of a few hundred daily-wagers was calculated to be huge. To circumvent the situation, I moved an application, praying for exemption from depositing the fee for the poor clients who were fighting for minimum wages. During the hearing, the judge being convinced of the economic condition of the clients, wished to refer the case to the legal aid cell so that they get free legal assistance. I objected, to the surprise of the judge. I told him that my clients could not afford to pay the fee but they had already paid a huge fee to me, so my right to represent them should not be curtailed. The judge smiled and reserved the order. Finally, the court granted the prayer.

Tricky clients sometimes do not spare even their lawyers. But the most intelligent gimmick on me was played by a client who was convicted by both the trial court and the high court in a cheque-bounce case. A day before the final hearing before the Supreme Court, he arrived in Delhi and showed an SMS on his mobile phone received from the bank, reflecting that my fee had been transferred already. Although no money was credited to my account, I could not refute his claim. I was hurt but it didn’t deter me from arguing the case the next morning.

But the hardest time I faced for my fee was in unzipping the pocket of my client’s father who was a practising lawyer. My client, a minor student, was fighting against the state on some education policy. Every time I called his father, with a loud laugh he would say that a big gift was waiting for me. During Durga Puja, when he came down from Kolkata, he pushed the ‘big gift’ inside my fist and went away. My smile evaporated as I opened my fist. A few double zeros were yelling at me. When the case was finally disposed of, I informed him of victory and asked him to send expenses for my clerk for procuring the order copy. He said he would get a photostat copy of the judgment once it was published in the journal. My option for asking the fee also ended.

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