CLERKACY : “TRIBUTE TO ADVOCATE CLERKS”
(P.T.PERUMAL, Advocate, High Court of Madras)
It is often quoted that justice delivery system is a “shared process”. Shared by Bench and Bar. The term Bar connotes both advocates and their clerks. Advocacy and clerkacy are a “paired service”. No doubt, the advocate clerks are important human components in the court works. They render a unique service in the field of law.
Clerks with versatile talents are invaluable assets for advocates. Clerks of trial lawyers are their better half in profession. Typist-clerks are a rare-find nowadays. Only a few advocates are lucky to be assisted by soft-skilled clerks. Success and reputation of advocates depend on the smartness and coping skills of their clerks.
Work of a clerk, in an advocate’s office, is special and peculiar. For some advocates, the clerk is a Man Friday. For some he is the alter ego. Clerks are called upon to work as spies; purse-feelers, mouthpieces, canvassers, promoters, cashiers, accountants, drivers, etc.. Sometimes they have to pretend as a decoy or stranger. They serve as “osmotic filters” churning away meritless briefs. In failing circumstances, they “stone-wall” the angry hurls of disgruntled litigants. At times, the frustration of an advocate is unloaded on the clerk. He remains a “cushion”, with utmost understanding and patience. Appeasing himself as a work-partner and de-stressing vent. On some personal occasions, clerks are treated as more than friends and confidants. Advisors too. Men of multi-tasking.
“Jack of all trades and master in numbering” is a much sought after clerk. Numbering an Application in the original side of our High Court requires the rarest of the rare skills. Only a microscopic few do it, return-free. They hail respect, even if they belong to the opponent’s camp.
There is no second opinion that an advocate office without efficient clerk is handicapped. A seasoned clerk can ably manage the office in the short absence of the head. Knowledgeable clerk is a second boss to fresh juniors. They impart winning strategic submissions.
War-footing works, warranted by time-bound reliefs, unless handled by the competent clerks, will turn futile. There will be miserable slips, between cup and lip, if order copies are not obtained in time or wire-orders are not processed overnight. It is a breath-taking work with “adrenaline-rush”. The sigh of relief after achievement is so self-satiating, thanks to the clerks. One has to experience to revel in.
The medical science recognises three types of pains as the most unbearable. Ischaemic (referred to heart-block and circulation); colic ( referred to ureter and excretory process) and labour ( referred to delivery and child birth). The “ischaemic pain” of filing and numbering the petitions; the “colic pain” of processing and posting the cases for hearing and the “labour pain” of delivery of order copies; all these three pains are solely borne by the clerk in an advocate’s office. A fete of professional endurance, single-minded devotion and focussed performance. Kudos to all such clerks.
Experience with the previous generation senior clerks in our High Court campus was amazingly educative. They were guiding seniors in “practicals”. Their ken of case laws and legal jargons was unbelievably rich and superior. They grew with the legacy of colonial equations. Many such clerks had their own complicated briefs and they engaged junior advocates to represent before courts, of course, with sound legal instructions. The historical anecdotes, on the court-hall repartees and wits of the erstwhile Spartan judges and stalwart lawyers, as narrated by them, were inspiring fun and probity in profession. Let those great clerks be fondly remembered with respect and adulation.