Top Laywers In Supreme Court Of India

The judges may be commissioned military officers or civilian attorneys, all of whom must be licensed lawyers in good standing with their bar. The court of criminal appeals has the power to correct legal errors and reduce excessive sentences. The United States Court of Appeals for the Armed Forces (CAAF) oversees the military justice system and is comprised of five civilian judges appointed to serve 15-year terms. Court of criminal appeals’ decisions are subject to review by CAAF.2 Service members also may petition the United States Supreme Court to review their case. After a court martial is concluded, the accused may submit a request for clemency to the convening authority. The accused may present evidence to in mitigation and extenuation. The convening authority may suspend or dismiss a part of or the entire sentence. As part of clemency, the convening authorities often suspends the forfeiture of pay and directs that it be paid to the service member’s family.

Giri originally belongs to Southern India. He worked very hard during his initial years of practice and brought himself in good books of sitting judges of Ernakulam High Court. His arguments and legal knowledge was so good that he was elevated as a judge in Kerela High Court. He served several years as a Judge in the High Court and one fine morning resigned from the Judgeship of High Court and shifted his base to New Delhi and started practicing in Supreme Court as a Senior Advocate. It was really a tough decision but he was confident enough on his legal knowledge to start practice from Zero. Day by day junior Advocates have started engaging him as a Senior Lawyer and he gave good results in cases. Today he has a good clientage from Southern India and few other High Courts. He has good civil side knowledge and prepares the case very deeply.

February 2018: The Calcutta High Court witnessed the longest ever cease work protest in its history with around 11,000 lawyers boycotting work for 71 days. May 2018: Lawyers of the Rajasthan High Court organised a month-long strike during which they boycotted work, led silent marches and blocked roads in the court premises. August 2018: Lawyers in Ghaziabad organised a 22-day-long relay hunger strike during which they boycotted courts and got into a scuffle with the police. September 2018: Odisha dominated news headlines as lawyers engaged in violent acts during a cease work protest which has continued for 34 days despite the Supreme Court directing them to resume work. More than 150 days have already been lost this year in various courts across the country due to strikes and boycotts by lawyers, causing massive loss of revenue and great inconvenience to litigants. The statistics for previous years are no better. The increasing frequency with which lawyers resort to strikes and boycotts begs the question as to why they indulge in acts which even courts have stated are illegal.

As per the Law Commission report, the reasons for lawyers’ strikes and abstention protests organised during the period 2011-16 were hardly justifiable. They included religious occasions such as shraadh, heavy rains, interstate river disputes, earthquake in Nepal, bomb blast in a Pakistan school and even a kavi sammelan. But not all reasons can be considered whimsical or patently untenable. On several occasions, lawyers have taken the recourse of strikes and boycotts as a means to voice their grievances and seek remedial action. Violence against lawyers, especially by the police, demands for greater pecuniary jurisdiction and more circuit benches, outrage against judicial vacancies and expensive court fees are some of the grievances most commonly taken up by lawyers. This raises a very pertinent question: do lawyers even have a right to call for strike? The Supreme Court and the High Courts have consistently declared that lawyers’ strikes are illegal and that effective steps should be taken to stop the growing tendency. This question was conclusively settled by the apex court, 15 years ago, in Ex Capt. Harish Uppal v Union of India, where it was held that “lawyers have no right to go on strike or give a call for boycott, not even a token strike.

Does Supreme Court give lawyers a license to steal? A client hires a lawyer for representation in a divorce. Shortly after hiring the lawyer and paying the fee, the client informs the lawyer that she and her husband have reconciled; there is no further need for representation. The client demands that the lawyer return the unearned portion of the retainer. These are the facts that were recently presented to the Michigan Supreme Court in the case of Grievance Administrator v. Patricia Cooper. How it decided the case will hurt consumers and the image of the legal profession. 4,000 retainer, so she was accused of professional misconduct. The Michigan Attorney Discipline Board held that she did commit misconduct. The board’s decision protected the interests of the client and was supported by the lawyer’s noncompliance with the ethics rules promulgated by the Michigan Supreme Court. Under these rules, a client has the absolute right to discharge the services of a lawyer at any time and for any reason. In this case, the reason was reconciliation, but in another case the reason might be a lack of trust in the lawyer.

Whatever the reason, a client’s termination of a lawyer’s services is not viewed under the law as a breach of contract. The public policy of permitting a client to discharge a lawyer for any reason is necessary to preserve the client’s trust toward the lawyer. Also, the ethics rules require the lawyer to place the money for future services into a client trust account. The funds cannot be withdrawn unless actually earned. In other words, the money remains the property of the client until some service is performed. And when a client discharges a lawyer, the attorney must refund the client. The Attorney Discipline Board made the correct decision because the lawyer, Patricia Cooper, had not earned the entire retainer fee by performing sufficient hours of legal services. The court concluded that the lawyer had the right to keep the unearned portion of the retainer because the contract stated the retainer as a minimum fee. The Supreme Court’s holding in this case makes new law that favors the rights of lawyers to keep money from clients even for services that they don’t perform.

The decision will create a financial disincentive for clients to exercise their right to fire lawyers or discontinue services because they can’t recoup their money to hire a new lawyer. This decision ushers in a new era that is very hostile to the interests of clients. Under this court ruling, the funds paid to a lawyer for future services will not be returned even when unearned as long as the lawyer slips in the term “nonrefundable” and “minimum fee” in the agreement. This decision is likely to increase the number of grievances against lawyers and the cynicism that many members of the public will have toward lawyers. Consumers will feel cheated by lawyers being able to keep their money without performing the agreed-upon legal services. Critics of lawyers sometimes state that a lawyer has a license to steal. The Attorney Discipline Board’s ruling challenged that cynical notion by holding that a contract provision written by a lawyer cannot negate an attorney’s ethical duties to a client. The Michigan Supreme Court decision unfortunately creates public cynicism toward lawyers.

Is Injustice piled upon injustice? New evidence cases and compensation. Compensation (or the lack of it) for miscarriage of justice is again in the news. Victor Nealon served 17 years in prison for attempted rape. He was released in 2014 after the Court of Appeal (Criminal Division) quashed his conviction because fresh DNA evidence showed that someone else was the attacker. Also, there were some serious questions about the identification evidence but the DNA evidence led the Court of Appeal to conclude that, although the prosecution case was not demolished (para 35), a jury might reasonably have reached a different verdict. Sam Hallam was 17 at the time of his conviction for murder and was “detained at Her Majesty’s pleasure”. He served 7 years and was released in 2012 when his conviction was quashed. Identification evidence was at the heart of the case against Mr Hallam. BOTH cases illustrate the valuable work of the Criminal Cases Review Commission (CCRC) in bringing cases to appeal. A reading of the Court of Appeal judgments quashing the convictions of the two men shows that the two men were not totally exonerated.

Both men sought compensation for miscarriage of justice under the Criminal Justice Act 1988 s.133. The Secretary of State rejected their claims for compensation by applying subsection 1ZA which applies where there is a new or newly discovered fact. In other, simpler, words there is to be no compensation unless the claimant can establish innocence. Normally it is for the State to establish guilt and, in English law, that requires proof beyond a reasonable doubt or, as it is commonly put these days, so that the jury (or Magistrates) are sure of guilt. ] UKSC 18 and see the summary HERE. Here is an appeal going to the very centre of what justice is to mean in practical terms. If a conviction is unsafe then the State has failed to discharge its responsibility to prove guilt and, in law, the person is to be regarded as innocent. However, the convicted person may well have spent many years in prison. The present appeals will be heard by a court comprising seven Justices. ] ECHR 678, the Grand Chamber held that Article 6(2) is engaged in this type of case but, on the facts in Allen, there was no violation. The Allen case arose before section 133 of the 1988 Act was amended.

I’d like to return to the point I made upthread about the NL government not wishing to win any of its Court challenges on the Churchill Falls contract and using these court cases to whip up anti-Quebec sentiment. This has caused someone to accuse me of trolling. And if it was thus established that the government of the province could, in all legality, unilaterally force any contract they have signed to be re-negotiated? The result would be swift and brutal. NL would face an exodus of companies fleeing the province faster than you can say “Banana Republic”. It would be an economic apocalypse, pure and simple: why would ANY company (whatever it produces) want to invest a penny in a jurisdiction whose politicians are allowed to renegotiate anything they signed? For any or no reason? And yet despite this, and despite losing all the time, NL has persisted in dragging Hydro-Quebec to court. Why would NL keep on trying to win a court case when such a victory would be an unmitigated disaster? I assure you: You have my full attention.

Amish live a different lifestyle. Its a simple and plain lifestyle that’s at least 250 years old. Nothing much has changed during two and a half centuries in their lifestyle. That is, except for government intrusion. The Amish will not drive cars themselves, use commercial utility electricity, water, phones, or municipal sewers on their property. They do not pay into social security or medicare. Nor, do they receive it. Their elderly are treated well with the dignity they deserve, and generally live out their lives with their grown children and relatives once they retire and can no longer take care of themselves. They are generally farmers and eat what they grow and sell the remainder. Some run sawmills or do small engine repair, or other mechanical work. The government has tried to intrude on several of their lifestyle choices, with varying degrees of success. Going after the farmer with a fake government undercover purchaser in a sting, they said that his milk was unsafe. That’s even though Amish have consumed fresh milk as long as there has been an Amish church. The Feds arranged for milk to be delivered to residences in an adjoining state. And, then they were busted. The farmer is afraid of the power of the FDA and the Judge who told them that he would shut down their generations old family farm if they crossed the state line with their milk again. The Judge also told the family that they would have to pay government investigation and prosecution costs if they sell milk like they used to ever again.

The best place to find a lawyer is through word of mouth. Family or friends who have required legal services will be able to provide you with the name or law firm they used. The great thing about using word of mouth is that you know that your family and friends won’t recommend anyone who didn’t provide them with a professional service and a good resolution. If you haven’t got family and friends who have required this type of legal service, then it’s time to go onto the internet and start your search. During your search you are looking for firms that have bar associations. See what bar associations they are members of, such as the Bar of the United States Supreme Court, for example. This is an indicator that you are looking at a company with a good and reliable service who should be dedicated to their clients and will work with you for a favorable outcome. The next thing to look for as you go through the selection of law firms working in your local area is to determine their track record.

Always check to see what the lawyer’s specialty is. Not all law firms work in the same law, some will provide criminal law services while others may offer public liability law services. It’s imperative to ensure that the firm you choose has extensive experience in your sector of the law to enable them to provide you with the best service and hopefully a favorable outcome. The lawyers you choose should be dedicated to providing you with the best possible service and should be with you every step of the way from pre-trial to the court proceedings, if it goes that far. They should work hard to come to a resolution before your case reaches court, though of course this isn’t always possible. If your case goes to court, they should have experience with trials, questioning witnesses and making winning opening and closing statements. Your team should always be able to answer your questions quickly, there shouldn’t be any hesitation in giving you all the answers you need to help put your mind at ease when going through this difficult time. The lawyers should remain professional at all times.

They should offer you years of experience and knowledge and keep you informed of your case at all times, ensuring you are always kept in the loop and understand what to expect in terms of your own case. There are many outcomes and your team should ensure that you are aware of the possible outcomes, so you are not left surprised when the case comes to a close. 1. Diligence – He must be able to act promptly towards handling his client’s case. An attorney must be able to manage his caseload; every case should be given adequate attention. 2. Maintain Confidentiality – A good lawyer is someone who knows the value of case confidentiality. He must not disclose anything regarding his client unless he is given the consent to do so. 3. Competency – It is always a must that he is able to handle his client’s case with the needed skills and knowledge to do ample research as necessary.

He must be up to date on any changes in the law. To be able to win the case, there are various legal documents which must be drafted. Although legal secretaries or paralegals can help him, most lawyers prefer to do them on their own. 4. Communication – A lawyer must keep the line of communication open between him and his client. He should inform his client regarding any decision they need to make. He also needs to respond to his client’s requests for information and inform them regarding the status of their case. In addition, he also spends ample time sending emails, negotiating, talking on the phone, and faxing important documents to and from the concerned parties. 5. Advising – He also acts as an adviser. A good lawyer is able to counsel his clients regarding any topic related to the case. You probably think that finding the best attorney who can represent your case is a daunting task. However, you must step in mind that you can always find a reliable legal representative or attorney who can win your case. Some are personal injury attorneys while others are into the finance law. You have the freedom to determine what type of lawyer that suits your needs. In choosing a lawyer who will represent your case, years of experience and background are important aspects to consider.

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