Wednesday, June 18, 2008

Aahhh... Law Minister, in the Pointing Game are you?

Reading the newspaper, I am attracted to some statements by the minister. NST today reported "Zaid said lawyers must take a serious view on such matters and only ask for adjournments for valid reasons. The courts, too, must not be seen as easily granting postponements."

Tingling of disgust came to thought. Since maybe 40 years ago postponements had been continuous issues. The courts are said to be too lenient in granting the applications for adjournment. But then the courts may have valid grounds to do so. Lawyers certainly act in the interest of their clients and some are said to find all means to get postponements. Lawyers would somehow complain against judges who may be strict in their views and decisions.

The legal fraternity is one that seeks justice be done which needs all to work together. However, working together is also, "you scratch my back and I will scratch yours next time" in applications for postponement consented by the other party. Courts to be strict on this especially when the parties waive costs?

Cooperation of all in mediation, plea bargaining and pre-trial conference or criminal case management that the Minister pointed out are more in demand of a working together environment.

It seems Lawyers think they have a right to one or two postponement. It seems Courts have unfettered discretion at all expense. One can only hope that the appellate courts are not eager to reverse decisions on refusal of postponement. Pointing to blame? Pointless!!

0 comments: