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February 2022

SHOCK

By C.N. Vaze
Chartered Accountant
Reading Time 3 mins
A very interesting case was going on in the Court. The issue was very sensitive, and there were many stakeholders. The case had many social and financial ramifications. One party to the dispute was very influential and financially sound. The opponent party was aggrieved was not so resourceful.

The influential party had engaged a very reputed counsel who had an enviable track record of success. He and his client both were celebrities. The other party was a mediocre person. He could not afford a senior counsel. He had engaged a not so well-known junior counsel.  People had concluded that it was then a one-sided battle.

However, contrary to the expectations of all, the junior counsel fought it brilliantly. He had taken it as a challenge. And merits were really on his side. In the good old days, such merits had a good value in courts of law. Today, truth has to live with a lot of fear, and it does not come out that easily. It gets buried under money or muscle power!

Many experienced lawyers say that they win the cases not because of merits or their arguing skills, but just because the opponent’s lawyer is often not well prepared. In this case, the senior counsel, as usual, was very well prepared and had not taken it lightly. Still, the junior posed a great challenge to the senior. He made such brilliant arguments so beautifully that the people in the courtroom were pleasantly surprised. They were impressed. The senior was often put into a defensive position.

The balance had clearly tiled on the juniors side. The mediocre party was completely satisfied with his counsel’s performance.

He could barely afford the juniors counsel’s fees but had no means to purchase the decision.

The court was adjourned. The decision was to be announced the next day. The senior counsel was a little embarrassed, while the junior appeared to be triumphant. Many people congratulated him and even the media persons were all praise for him. The curiosity about the decision was mounting!.

The next day the proceedings resumed. The influential party and his counsel were very cool. The other party was very anxious. There was a pin-drop silence when the court started reading the judgement. The contents appeared to be quite balanced, though a little in favour of the smaller party.

However, unfortunately, the final verdict went against the junior; everybody was stunned! The influential party and his counsel were smiling as if they knew the outcome beforehand.

The junior counsel stood up and exclaimed –“I am shocked by this decision!” The court looked at him with a frown. It took it as an offence. People were confused about reacting, although they held the same opinion. There were anxious moments in the Court.

However, a very senior and respected counsel came to the rescue of junior counsel. He said, “My Lord, please forgive my learned young friend. He is new and has not much experience. Had he been experienced enough, he would not have been even half as much shocked as he is today!”

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