Just like Engineers, Doctors, and Scientists, Lawyers also make a difference and them too, are very important contributors to the society. It is by their efforts in courts that we live in an orderly society. Every aspect of the society is held together by their ideas and ways of maintaining law and order in the modern world.
Jessi Klein once said, “Everyone wants to say they hate lawyers, and yet I’ve never met a parent who didn’t want their kid to be a lawyer”. The life of a lawyer may not be the most glorified or talked of, but lawyers make a difference that no other professional can.
Most of the times lawyers are unnoticed and we forget to recognize their contribution to our society. If you have never been in a situation where you thought of consulting an attorney, this post is for you. You should wish a situation like that never arises, but it’s important to understand the value of these professionals in our society.
We are all familiar with the most traditional dispute-resolution process of our civil justice system: litigation and trial with a judge or jury deciding who is right or wrong – where someone wins and someone loses. However, there are many other options available. Negotiation, mediation and arbitration – often called ADR or alternative dispute resolution- are the most
well-known.
Lawyers represent individuals and corporations for trials intended to promote justice, law, and order. It is their knowledge and experience which matters the most when deciding the fate of an individual or a group of individuals. Given the right direction and the best advice, a law proceeding can save an innocent from being punished, when he/she isn’t at fault.
Whether you are involved in a family or neighbourhood dispute or a lawsuit involving thousands of dollars, these processes should be considered. They are often the more appropriate methods of dispute resolution and can result in a fair, just, reasonable answer for both you and the other party. Settlement and compromise have long been favoured in the legal system. In fact, most cases that are filed in a court do settle. Only five percent of all cases filed go to trial. ADR procedures are excellent options for you in dealing with controversy, allowing you to reach resolution earlier and with less expense than traditional litigation. In fact, many courts require parties to consider some form of ADR before going to trial. The following processes describe ways to resolve disputes as Negotiation. Mediation, Arbitration
LitigationOther Dispute Resolution Procedures.
The legal system provides resolutions for many different types of disputes. Some disputants will not reach agreement through a collaborative process. Some disputes need the coercive power of the state to enforce a resolution. Perhaps more importantly, many people want a professional advocate when they become involved in a dispute, particularly if the dispute involves perceived legal rights, legal wrongdoing, or threat of legal action against them.
The most common form of judicial dispute resolution is litigation. Litigation is initiated when one party files suit against another. Litigation is facilitated by the government within federal, state, and municipal courts. The proceedings are very formal and are governed by rules, such as rules of evidence and procedure, which are established by the legislature. Outcomes are decided by an impartial judge and/or jury, based on the factual questions of the case and the application law. The verdict of the court is binding, not advisory; however, both parties have the right to appeal the judgment to a higher court. Judicial dispute resolution is typically adversarial in nature, for example, involving antagonistic parties or opposing interests seeking an outcome most favourable to their position.
Retired judges or private lawyers often become arbitrators or mediators; however, trained and qualified non-legal dispute resolution specialists form a growing body within the field of alternative dispute resolution (ADR). In the United States, many states now have mediation or other ADR programs annexed to the courts, to facilitate settlement of lawsuits.
Personal Opinion
According to my opinion, Lawyers do not promote dispute and differences in the Society instead they help in resolving disputes, justice maintaining social equality Social differences are seen where society is divided on the basis of language, religion, caste, sex and skin colour. Some social, economic and financial reasons also play a vital role in the increase of social differences in a society.
The experience of a lawyer, when put to best use and in the right cause benefits even the lesser known parts of the society, irrespective of their region, religion, caste or color. Justice is the right of every man, woman, and child and must be acknowledged by all to ensure democracy and equality in the society. This earmarks lawyers as more important to society than perhaps, most other professionals.
Example
“India’s Supreme Court has recognised transgender people as a third gender, in a landmark ruling. “It is the right of every human being to choose their gender,” it said in granting rights to those who identify themselves as neither male nor female”
Effect on Society
All identity documents such as birth certificates, passports and driver’s licenses will now have a third gender column. The judgement was hailed by human rights and civil society groups through the country.
Article by Nishant Jasani