PLANNING TO FILE A CASE IN ARMED FORCES TRIBUNAL: WHAT SHOULD YOU LOOK FOR IN A LAWYER TO CONTEST YOUR CASE?

PLANNING TO FILE A CASE IN ARMED FORCES TRIBUNAL:

WHAT SHOULD YOU LOOK FOR IN A LAWYER TO CONTEST YOUR CASE?

A large number of officers and soldiers of the Indian Armed Forces are approaching Armed Forces Tribunals to seek justice these days. Most of their cases relate to the award of disability pension. Some cases are related to promotion and career prospects.

In India there is general distrust for lawyers and common men try their utmost to avoid approaching courts for justice. The process of delivery of justice in the country is so inefficient, time consuming and costly that the ‘process of law has become punishment’.  However, the justice delivery system in Armed Forces Tribunal is still to get afflicted by these ailments. The legal system in the tribunal is simple and works for the applicants. So, it provides a good opportunity to the soldiers to seek justice against their grievances through the tribunals. A soldier who gets lucky in contracting a good lawyer to contest his case in front of the tribunal can do so with little hassle and at a very reasonable cost.

Some of the attributes that an applicant should look for in lawyer to contest his case in the Armed Forces Tribunal are: -

1.     Knowledge. A good lawyer should have in depth knowledge about the service rules and conditions. A retired service officer certainly scores over other lawyers who are practicing in the Armed forces tribunal but have not served in unform.

2.     Experience. A good lawyer should have strong record of handling similar cases. However, this is not a fatal flaw in new commers who work hard and go out of their way to built a good reputation. A hard worker and keen learner will always trump the old lawyers who depend on their juniors to do most of the legal work.

3.     Communication and Responsiveness. A good lawyer should keep the litigant informed about the progress of the case. He should possess good communication skills and must respond to the questions and the concerns of the clients promptly. Arrogant lawyers are not great lawyers. Remember that some lawyers try to hide their ‘ignorance with arrogance’.

4.     Strategic Thinking. A good lawyer should be able to think strategically and develop a plan of action that suits the needs of the client.

5.     Performance in the court. A good lawyers should be able to represent their client interests effectively and with great zeal and enthusiasm in the court.

6.     Ethics. A good lawyer should have very high ethical standards and should always act in the best interest of the client. A lawyer with dubious reputation and compromised integrity is not ideally suited for contesting cases in the tribunals.

7.     Cost Effective. A good lawyer should be able to provide his services at reasonable cost. His solutions should be cost effective and he should not charge exorbitant fees. High fees is not a true indicator of the competence of a lawyer.

8.     Ownership. A good lawyer should display ownership of the case and treat the entire litigation as his own.

9.     Least Trouble. A good lawyer should ensure that his clients is put through least trouble while contesting the case. He can ensure the same by not insisting on the presence of the client in the court and by getting all necessary document signed at the place of residence of the client.

10. Reputation. A good lawyer in addition to being a good lawyer should be a good human being and enjoy a great reputation in the society. It is best to check the reputation of the lawyer from his unit or formation where he has served during his service before contracting him to file the case.

Finally, the bottom line is that a litigant should find a lawyer who they feel comfortable working with and who they can trust to advance their interests.