Page:The Green Bag (1889–1914), Volume 14.pdf/377

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338
The Green Bag.

an especial manner, the ear of the Bench, both in court, and sometimes, I regret to say, out of it. By a delusion, which is still common enough amongst the natives, he is believed to have opportunities of putting in a word for his client at odd, and what I may call, uncanonical moments. He is credited with being on those easy terms with the European dispensers of the law, that during a comfortable chat over a cheroot at the billiard table, or at the convenient intervals that may occur between the games of lawn tennis or racquets, without any breach of pro priety, he may metaphorically " buttonhole" them or give the conversation a turn upon the merits of his case; though, for the sake of appearances, the whole matter is after wards formally argued through, as if the court had never heard anything at all about it. Of course, if there be an advocate on both sides, the power may be partially or wholly neutralized. By some unenlightened clients who sup pose that "every door is barred with gold, and opens but to golden keys," he is credited with more effective power; or, to put it in a more vulgar form, he is able to " grease the wheels of justice" with a little "palm oil." It may be considered impertinent to remark even that the practices suggested exist merely in the minds of the grossly ignorant, but, nevertheless, it is a fact that the idea is a possibility, if not more, in the minds of many whose limited experience of life has taught them that everyone has his price. Besides those fictitious claims upon the public confidence, he is more justly considered to have the ear of the judge in court — sometimes from his superior abilities and education, sometimes from his European pluck and energy, sometimes from his better social position, or sometimes from all combined. It may be that when the magistrate is considered weak, and the advo

cate is one with a talent for bullying, there is a demand for his services; but this has, to a certain extent, reacted, and with some very young civilian magistrates there is a tendency to be prejudiced against the party that retain an advocate. The pleader com bines the work of both barrister and solicitor. He is mostly a native, often a Bengali, and generally a smart, able practitioner. They are to be met almost in crowds at every local bar where there is work to be had. They are keen and often successful com petitors with advocates in the struggle for clients, having the advantages of a more familiar acquaintance with the native lan guages, which are the languages of the courts — where there are no interpreters — and being free to do work which by etiquette or procedure is not done by the members of the higher branch. They mostly speak Eng lish well and fluently, having been perhaps well educated at the Calcutta University, from which many have obtained degrees; and, where successful in their profession, acquire a social status and a respect from both their fellow-countrymen and Europeans that very few native advocates in the " Mafassal " ever obtain. There may be a sort of clique amongst them, more understood than expressed, perhaps, when the first European advocate or pleader appears on the scene; but these native gentlemen are particularly approachable and courteous, and ever ready to be friendly to anyone who is a gentleman and will take the little trouble to be courteous to them. All the same, it is not an easy thing for a European, whether advocate or pleader, to establish a connec tion in the " Mafassal." The competitors are too many and the competition too keen for that, even where an ignorance of the lan guage is not an additional obstacle. The "Muktar," — pronounced " Mooktar," — or law agent, is quite peculiar to the genius of