About three years ago, the apex consumer court had taken serious note of frequent agitation by lawyers and said that no case should be adjourned for non-appearance of an agitating lawyer. Subsequently, a five-judge Constitution Bench of the Supreme Court had said that the courts need not adjourn matters because the lawyers were on strike.

The Supreme Court had also made it clear that lawyers would be personally liable to pay costs to the courts in addition to damages to the litigant for any suffering caused on account of strikes by lawyers. In addition, it had clarified that a lawyer who accepted a brief could not refuse to attend the court even in pursuance of a call for strike by the Bar Association.

It?s important for consumers to remember these pronouncements of the courts, whenever lawyers go on strike. If you are arguing your own case and the opposite party is not represented because the lawyer is on strike, make sure that the case is not adjourned for the non-appearance of the lawyer. Of course, if you, as the complainant, have hired a lawyer and he fails to argue your case because he is on strike, then you could be in trouble in so far as that case is concerned. And you can forget about your plea for reconsideration of the court?s decision on the ground that a client should not suffer on account of the lawyer?s decision to go on strike. However, you can file a separate case against your lawyer for deficiency in service.

In the case of M/s Amritsar Haldi Corporation vs Punjab State Electricity Board (RP NO 607 of 2002), for example, the apex consumer court refused to accept the consumer?s plea that his case should not be dismissed on grounds of limitation and he should not be made to suffer for the wrong advice given by his lawyer. The court said if a client suffered for the wrongdoing of his lawyer, he was free to proceed against the lawyer for professional negligence and seek compensation.

In fact in its order in the case of Ram Raksh Pal Gupta vs Ranjana (RP no 1051 of 2001), the National Consumer Disputes Redressal Commission made two important points: (a) a case would not be adjourned on account of the non-appearance of the striking lawyer, and (b) failure of the lawyer to appear before the consumer court after having charged a fee, could constitute deficiency in the service rendered by the lawyer.

So before hiring a lawyer, consider some of these facts. Argue the case yourself. After all, the summary procedure before the consumer courts is meant for that.