By Adv. Shashank S. Narvekar
Mapusa Municipality Councillor
The recent remarks of the Hon’ble Chief Minister suggesting that litigants often spend more on lawyers’ fees than the value of the property in dispute have once again placed the legal profession under unwarranted scrutiny. Such sweeping statements are unfortunate, as they undermine the dignity and constitutional significance of the legal profession.
This is not the first time advocates have been criticised for their professional fees. In the past, questions were raised regarding the fees charged for drafting and registering sale deeds. However, such criticism overlooks the vital responsibilities entrusted to advocates. A lawyer does not merely prepare documents; he verifies title, examines encumbrances, ensures compliance with the law and safeguards the client’s rights. A single oversight can lead to years of litigation and losses far greater than the professional fee itself.
People do not approach lawyers by choice but out of necessity—when negotiations fail, rights are violated, or disputes become unavoidable. The rising cost of litigation is largely attributable to judicial delays, procedural complexities, and administrative inefficiencies, not because advocates intentionally prolong cases.
Ironically, many who publicly question advocates’ fees are the first to seek the services of the country’s finest lawyers when faced with criminal proceedings, election disputes, constitutional matters or property litigation. They readily pay substantial fees because they understand the value of competent legal representation. It is therefore inconsistent to criticise advocates publicly while depending on them privately.
Alternative dispute resolution mechanisms such as mediation are undoubtedly valuable and should be encouraged. However, mediation cannot replace courts in cases involving fraud, forged documents, abuse of authority, criminal offences or violations of constitutional rights. In such matters, the role of an advocate remains indispensable.
Instead of questioning legal fees, attention should be directed toward the real causes of excessive litigation—poor governance, defective land records, bureaucratic delays, corruption and lack of accountability. Better administration and stronger institutions will naturally reduce disputes and ease the burden on the judiciary.
Advocates are officers of the court and guardians of the rule of law. They do not create disputes; they protect the rights, liberty and property of citizens. Sound legal advice and properly drafted documents often prevent expensive litigation and provide lasting legal security.
Justice has a price, but injustice costs far more. The fee paid to a lawyer is not an expense—it is an investment in protecting one’s rights, liberty and property.
