Cut practice

THIS story is based on an incident that took place on the appellate-side of the Bombay High Court.

An up-and-coming lawyer from a small town in Satara District was making his mark in the court. There were two well-established senior lawyers from the same small town who had already garnered all the work that came to the high court from their taluka.

The up-and-coming lawyer studied how and why these two were so successful in garnering all the work even though he was as competent as them, if not more. He discovered that they indulged in a well-established and accepted practice known simply as 'cut-practice'.

This is a simple kickback or commission given to a tout, agent or subordinate court lawyer for referring an injured matter from the subordinate courts to a high court lawyer for his 'specialist' attention and consequential operation.

The young lawyer did some research and found out that small-town lawyers got ₹1,500 per matter they referred to the two established lawyers in the Bombay High Court.

In addition, these lawyers also threw an annual booze party during the Christmas vacation of the Bombay High Court for members of all the small local bars in their taluka.

The young lawyer had just finished reading some inspirational classics such as Think and Grow Rich and The Laws of Success. He decided to put theory into practice.

He threw a grand New Year party at a newly opened three-star hotel in that small town and invited not just all the lawyers enrolled from that place but many retired judges, local leaders and prospective litigants from the entire district.

For this bash, he borrowed money from friends but did not compromise on the quality of non-vegetarian food and Indian-made 'foreign' liquor that was served.

He gave an impressive speech, distributed his business cards and urged them: "Mala phakt ek chance deun bagha." (Just give me one chance and see).

More importantly, he promised ₹3,000 per case which he would file to the person who had recommended his name to the client! And he promised an even bigger bash the next year if all went well with their 'cooperation'.

This had the desired effect. Almost all work from that area started flowing only in one direction… that of the new kid on the block. Since he was competent, he was able to deliver results. And this led to even more referrals and more success. Nothing succeeds like success.

The two established lawyers were now reduced to being mere spectators. Not just the young high court lawyer but even the cut-practitioners became wealthy.

***

Cut-practice is not new. Some of my original-side friends deprecate these tactics of the appellate-side as 'unethical or unprofessional'.

"We don't indulge in giving any cut," they say.

"But then what about the referral fees solicitors pay?" I ask.

"Oh that's different. You can never compare the two," is the reply.

I practice on both sides and I cannot understand the difference. An orange is an orange even if you call it a tangerine or a santra!

But thanks to tradition and reputation, even if its nutritional value is much less, an original side 'burger' does cost much more than an appellate side 'vada pav'!       

Read more Antics from the Adalat here.

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