/ 02 Dic 2022
The Legal Profession Is Not a Trade or Business Held in Which Case

While consultants such as accountants working in the field of law are allowed to consider their profession as a business, lawyers have the right to do so in order to keep it noble! 1. (a) Did the defendant lawyer acquire the land of Jitendra Singh Bhakna as described on page 5 of the deed of sale dated 3.11.99, of which the defendant was the lawyer who was a witness? If the practice of the lawyer is general, his field of activity extends over time to almost all areas of business and life. The facts thus gathered mature his judgment. His memory is trained for memory. His spirit is practiced in both discrimination and generalization. He is an observer of people even more than of things. Not only does he see people of all kinds, but he also knows their deepest secrets; sees them in situations that “test people`s souls.” He is inclined to become a good judge over people. A `profession` includes the notion of a profession which requires either purely intellectual abilities or craft skills, such as painting and sculpture or surgery, a skill controlled by the intellectual capacities of the operator, as opposed to an activity that consists essentially of the manufacture, sale or production of the sale of goods. C.I.T. v.

Manmohan Das (1966) 59 ITR 699, 710 (SC) Income Tax Act, 1961. § 28. Contrary to what seems to be the lawyer`s habit, the practice of the law tends to make the lawyer in his attitude extremely tolerant. His profession is based on the premise that no contentious issue can be properly decided until both parties are heard. His experience teaches him that almost all questions have two facets; And very often, he finds – after the judge or jury has decided – that he and his opponent were wrong. The practice of law thus creates a habit of mind and leads to achievements markedly different from those developed in most professions or outside the professions. These are the reasons why the lawyer obtained a position that is substantially different from that of other men. This is the position of the People`s Counselor. If these issues need to be resolved correctly, this condition cannot continue. After all, our country is not a country of dollars, but of ballots. The immense wealth of corporations will necessarily develop a hostility of which we will have many problems if the excesses of capital are not curbed by respect for the law, as the excesses of democracy were seventy-five years ago.

There will be a revolt of the people against the capitalists if the aspirations of the people are not sufficiently expressed; And for this, the cooperation of Abler Rechtsanwälte is indispensable. The legal profession is a noble profession. It is not a business or a business. A person who practices justice must practice in a spirit of honesty and not in a spirit of mischief or making money. A lawyer`s attitude and relationships towards his client must be conscientiously honest and fair. The common man sees the bar as a group of men negotiating cases, perhaps even criminal cases. Of course, there is a lot of litigation; And much of many lawyers` time is spent litigating. But the vast majority of lawyers` work is not done in court, but advising men on important issues and, above all, on commercial matters.

To direct these industrial and financial cases, lawyers are necessary, not only because of the legal issues involved, but also because the particular intellectual qualities and achievements that the legal profession develops are necessary for the proper handling of these major financial or industrial issues. The scale and scope of these operations almost completely distances them from the realm of “small-scale human trafficking” that people used to associate with trafficking. The questions that arise are rather questions of political skill. In many cases, the relationships created require the exercise of the highest diplomacy. The magnitude, difficulty and importance of the issues involved are often as great as in the affairs of state, which lawyers frequently dealt with. The questions appear in a different form; But they are similar. Relations between rival railway systems are like relations between neighboring kingdoms. The relationship of large trusts with consumers or their employees is similar to that of feudal lords with citizens or dependents. The relations of public enterprises with the people raise questions reminiscent of those of the former monopolies. Issues such as the regulation of trusts, the setting of railway tariffs, the municipalisation of public services, the relationship between capital and labour require the exercise of legal capacity at the highest level.

To date, the legal capacity of a high order, which has been spent on these issues, is almost completely contrary to the demands of the people. The leaders of the Bar Association, without preconceived intentions on their part, and rather as an incident for their professional reputation, were, with rare exceptions, placed on the side of the corporations, and the people were mainly represented by men with very little legal capacity.