The Legal Education - Law Commission of India
The Legal Education - Law Commission of India The Legal Education - Law Commission of India
66The law students, the Bar and the Bench must, therefore, consider thatpractice in courts is no longer confined to developing skills in advocacy butalso skills in ADR procedures.6.6 In an adversarial system, lawyers have grown to view courts asplaces for a combat or a legal fight. Law students and lawyers must betrained not merely to speak for their clients but to listen to the views of theopponent and see if an adjustment can be made which will save time andmoney for the litigants and incidentally save time for the courts. If somecases are settled, courts can deal faster more complex or important cases orcases relating to criminal offences etc. which must necessarily beadjudicated by the courts.If the training in respect of ADR procedures starts right from the lawschool, a lawyer who has gone through that training or prospect will not beaverse to a system of settlement by ADR methods. A culture differentfrom the one now prevailing has to be developed and this has to be startedin right earnest from the law school level. Now that sec. 89 imposes amandate that every case must go through ADR processes. ADR processesmust be made a compulsory subject in the law school for students.But, the more important thing today is that lawyers at the Bar, havenot had sufficient knowledge of the techniques relating to the ADR systemsor the ground rules or the ethical aspects of the system, - such as thoserelating to confidentiality – but are compelled to participate in the ADRprocesses by virtue of the mandate of sec. 89 of the Code of Civil
67Procedure, even though they have not had any training while at college orat the bar so far in regard to those ADR processes.6.7 A look at the vast literature on ADR systems shows that the subjectdoes require considerable training to be given to lawyers. The norms andthe nuances and the rules of the game have first to be learnt. There areseveral standard books on the subject. There is voluminous literature thatcan be immediately accessed through the Internet even in remote parts ofthe country.6.8 In order to familiarize the lawyers at the Bar to ADR procedures,there is urgent need to go about training in ADR systems more or less on a‘war footing’. The Bar Council of India and Bar Associations and IndianLaw Institute and its Branches and other recognized organizations like theICADR must step in to start training in ADR systems urgently (The HighCourts and Districts courts must start training in ADR system for Judicialofficer).6.9 We have introduced a system into our civil law by virtue of sec. 89of the Code of Civil Procedure w.e.f. 1.7.2002 before the Bar is able toaccept it, or recognize its worth, much less implement it. In text books onthe subject, hundreds of pages are written on each of the techniques ofmediation, conciliation, negotiation, settlement and arbitration, aboutwhich our lawyers are not quite familiar.6.10 One has to first learn which of these procedures is suitable to a givencase and if so, how to go about it.
- Page 15 and 16: 15recommendations. The Commission w
- Page 17 and 18: 17considering the provisions of ano
- Page 19 and 20: 19The Advocates Act, 1961 thus deal
- Page 21 and 22: 212.10 If the UGC Act, 1956 is expr
- Page 23 and 24: 23subject of legal education comes
- Page 25 and 26: 25“In the field of legal educatio
- Page 27 and 28: 27between the Bar Council of India
- Page 29 and 30: 29Court Judge are now in the Commit
- Page 31 and 32: 31decision cannot be taken without
- Page 33 and 34: 33In case, during the tenure of the
- Page 35 and 36: 35(4) All questions which come up b
- Page 37 and 38: 37Education Committee and who are i
- Page 39 and 40: 39the absence of a consensus, the m
- Page 41 and 42: 414.7 It must be noted that standar
- Page 43 and 44: 434.10 As to the co-ordination betw
- Page 45 and 46: 45In the Karnataka High Court Judgm
- Page 47 and 48: 47the proposals for the consultatio
- Page 49 and 50: 49(a) two law teachers in office fr
- Page 51 and 52: 51aspects and we propose to lay emp
- Page 53 and 54: 535.6 Rule 9(1) lists 6 subjects fo
- Page 55 and 56: 55skill to identify the administrat
- Page 57 and 58: 57(6) preparing for negotiation, co
- Page 59 and 60: 59technologies which require corres
- Page 61 and 62: 61education and laying standards in
- Page 63 and 64: 63years, the number of civil matter
- Page 65: 65formulated may be adopted by the
- Page 69 and 70: 69Chapter VIIAdjunct Teachers from
- Page 71 and 72: 71“And there is no need to fit sq
- Page 73 and 74: 73“The adjunct teachers teach the
- Page 75 and 76: 75High Court or Supreme Court or be
- Page 77 and 78: 77students who will go to the Bar o
- Page 79 and 80: 79Inspections:8.4 As per section 7(
- Page 81 and 82: 81India, when it wields powers, is
- Page 83 and 84: 83one where the college is proposed
- Page 85 and 86: 85(The existing section 7A should b
- Page 87 and 88: 877C. (1) Where there is a differen
- Page 89 and 90: 89(vii) The following clause be add
- Page 91 and 92: 919.3 Whatever be the percentage of
- Page 93 and 94: 939.10 Prof. Myron Moskovitz of the
- Page 95 and 96: 95malpractices. We are only referri
- Page 97 and 98: 97get acquainted with several pract
- Page 99 and 100: 99Chapter XEducation on Legal Educa
- Page 101 and 102: 10110.3 Several of the above Commit
- Page 103 and 104: 103colleges located in cities and d
- Page 105 and 106: 105Chapter XIDerecognition of Unive
- Page 107 and 108: 107Chapter XIITraining and Apprenti
- Page 109 and 110: 109The court held that once the rel
- Page 111 and 112: 111include problem method, moot cou
- Page 114 and 115: 114advocates as well as the requisi
67Procedure, even though they have not had any training while at college orat the bar so far in regard to those ADR processes.6.7 A look at the vast literature on ADR systems shows that the subjectdoes require considerable training to be given to lawyers. <strong>The</strong> norms andthe nuances and the rules <strong>of</strong> the game have first to be learnt. <strong>The</strong>re areseveral standard books on the subject. <strong>The</strong>re is voluminous literature thatcan be immediately accessed through the Internet even in remote parts <strong>of</strong>the country.6.8 In order to familiarize the lawyers at the Bar to ADR procedures,there is urgent need to go about training in ADR systems more or less on a‘war footing’. <strong>The</strong> Bar Council <strong>of</strong> <strong>India</strong> and Bar Associations and <strong>India</strong>n<strong>Law</strong> Institute and its Branches and other recognized organizations like theICADR must step in to start training in ADR systems urgently (<strong>The</strong> HighCourts and Districts courts must start training in ADR system for Judicial<strong>of</strong>ficer).6.9 We have introduced a system into our civil law by virtue <strong>of</strong> sec. 89<strong>of</strong> the Code <strong>of</strong> Civil Procedure w.e.f. 1.7.2002 before the Bar is able toaccept it, or recognize its worth, much less implement it. In text books onthe subject, hundreds <strong>of</strong> pages are written on each <strong>of</strong> the techniques <strong>of</strong>mediation, conciliation, negotiation, settlement and arbitration, aboutwhich our lawyers are not quite familiar.6.10 One has to first learn which <strong>of</strong> these procedures is suitable to a givencase and if so, how to go about it.
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