M K Gandhi an Autobiography

SR No.: 007603
Original Sutra Author: N/A
Author: Mahadev Desai
Publisher: Navjivan Prakashan Mandir
Total Pages: 269
Language: English
Classification: Interfaith & Interfaith
File Size: 2 MB

Page 192

Gokhale had inspired a reception for me in Bombay, where he had come in spite of his delicate health. I had approached India in the ardent hope of merging myself in him, and thereby feeling free. But fate had willed it otherwise.
Chapter 121 SOME REMINISCENCES OF THE BAR
Defore coming to a narrative of the course my life took in India, it seems necessary to recall a few of the South African experiences which I have deliberately left out.
Some lawyer friends have asked me to give my reminiscences of the bar. The number of these is so large that, if I were to describe them all, they would occupy a volume by themselves and take me out of my scope. But it may not perhaps be improper to recall some of those which bear upon the practice of truth.
So far as I can recollect, I have already said that I never resorted to untruth in my profession, and that a large part of my legal practice was in the interest of public work, for which I charged nothing beyond out-of-pocket expenses, and these too I sometimes met myself. I had thought that in saying this I had said all that was necessary as regards my legal practice. But friends want me to do more. They seem to think that, if I described however slightly, some of the occasions when I refused to swerve from the truth, the legal profession might profit by it.
As a student I had heard that the lawyer's profession was a liar's profession. But this did not influence me, as I had no intention of earning either position or money by lying.
My principle was put to the test many a time in South Africa. Often I knew that my opponents had tutored their witnesses, and if I only encouraged my client or his witnesses to lie, we could win the case. But I always resisted the temptation. I remember only one occasion when, after having won a case, I suspected that my client had deceived me. In my heart of hearts I always wished that I should win only if my client's case was right. In fixing my fees I do not recall ever having made them conditional on my winning the case. Whether my client won or lost, I expected nothing more nor less than my fees.
I warned every new client at the outset that he should not expect me to take up a false case or to coach the witnesses, with the result that I built up such a reputation that no false cases used to come to me. Indeed some of my clients would keep their clean cases for me, and take the doubtful ones elsewhere.
There was one case which proved a severe trial. It was brought to me by one of my best clients. It was a case of highly complicated accounts and had been a prolonged one. It had been heard in parts before several courts. Ultimately the book-keeping portion of it was entrusted by the court to the arbitration of some qualified accountants. The award was entirely in favour of my client, but the arbitrators had inadvertently committed an error in calculation which, however small, was serious, inasmuch as an entry which ought to have been on the debit side was made on the credit side. The opponents had opposed the award on other grounds. I was junior counsel for my client. When the senior counsel became aware of the error, he was of opinion that our client was not bound to admit it. He was clearly of opinion that no counsel was bound to admit anything that went against his client's interest. I said we ought to admit the error.