Preparing for the Case

The year’s stay in Pretoria was a most valuable experience in my life. Here it was, that I had opportunities of learning public work, and acquired some measure of my capacity for it. Here it was, that the religious spirit within me became a living force, and here too I acquired a true knowledge of legal practice. Here I learnt the things that a junior barrister learns in a senior barrister’s chamber, and here also I gained confidence that I should not after all fail as a lawyer. It was likewise here, that I learnt the secret of success as a lawyer.

My year in Pretoria was one of the most valuable experiences of my life. There I had opportunities to learn about public work and gained some sense of my ability to do it. There the religious spirit within me became a living force, and I also gained a true understanding of legal practice. I learned what a junior barrister learns in a senior barrister’s office. I also gained confidence that I would not fail as a lawyer after all. It was also in Pretoria that I learned the secret of success as a lawyer.

Dada Abdulla’s was no small case. The suit was for £40,000. Arising as it did out of business transactions, it was full of intricacies of accounts. Part of the claim was based on promissory notes, and part on the specific performance of promise to deliver promissory notes. The defence was, that the promissory notes were fraudulently taken and lacked sufficient consideration. There were numerous points of fact and law in this intricate case.

Dada Abdulla’s case was no small matter. The lawsuit was for £40,000. Because it arose from business transactions, the accounts were complicated. Part of the claim was based on promissory notes. Another part sought to enforce a promise to deliver promissory notes. The defence argued that the notes had been obtained fraudulently and without sufficient consideration. This complicated case involved many points of fact and law.

Both parties had engaged the best attorneys and counsel. I thus had a fine opportunity of studying their work. The preparation of the plaintiffs case for the attorney, and the sifting of facts in support of his case had been entrusted to me. It was an education to see how much the attorney accepted, and how much he rejected from my preparation, as also to see how much use the counsel made of the brief prepared by the attorney. I saw, that this preparation for the case would give me a fair measure of my powers of comprehension and my capacity for marshalling evidence.

Both parties had hired the best attorneys and counsel. This gave me a good opportunity to study their work. I had been entrusted with preparing the plaintiff’s case for the attorney and sorting through the facts that supported it. It was an education to see how much of my preparation the attorney accepted and how much he rejected. It was also an education to see how much use the counsel made of the attorney’s brief. I saw that preparing the case would give me a fair measure of my ability to understand it and organize evidence.

I took the keenest interest in the case. Indeed I threw myself into it. I read all the papers pertaining to the transactions. My client was a man of great ability, and reposed absolute confidence in me, and this rendered my work easy. I made a fair study of book-keeping. My capacity for translation was improved by having to translate the correspondence which was for the most part in Gujarati.

I took a keen interest in the case. Indeed, I threw myself into it. I read all the papers related to the transactions. My client was a very capable man and had complete confidence in me. This made my work easier. I studied bookkeeping thoroughly. My translation skills improved as I translated the correspondence, most of which was in Gujarati.

Although, as I have said before, I took a keen interest in religious communion and in public work, and always gave some of my time to them, they were not then my primary interest. The preparation of the case was my primary interest. Reading of law and looking up law cases, when necessary, had always a prior claim on my time. As a result, I acquired such a grasp of the facts of the case, as perhaps was not possessed even by the parties themselves, inasmuch as I had with me the papers of both the parties.

As I have said before, I was deeply interested in religious fellowship and public work, and always gave them some of my time. But they were not my main interest then. My main interest was preparing the case. Reading the law and looking up legal cases, when necessary, always came first. As a result, I gained a grasp of the facts that perhaps even the parties themselves did not have. This was because I had the papers of both parties.

I recalled the late Mr. Pincutt’s advice,—facts are three fourths of the law. At a later date it was amply borne out by that famous barrister of South Africa, the late Mr. Leonard. In a certain case in my charge I saw, that though justice was on the side of my client, the law seemed to be against him. In despair I approached Mr. Leonard for help. He also felt that the facts of the case were very strong. He exclaimed, ‘Gandhi, I have learnt one thing, and it is this, that if we take care of the facts of a case, the law will take care of itself. Let us dive deeper into the facts of this case.’ With these words he asked me to study the case further, and then see him again. On a re-examination of the facts I saw them in an entirely new light, and I also hit upon an old South African case bearing on the point. I was delighted and went to Mr. Leonard and told him everything. ‘Right,’ he said, ‘we shall win the case. Only we must bear in mind which of the judges takes it.’ When I was making preparation for Dada Abdulla’s case, I had not fully realised this paramount importance of facts. Facts mean truth, and once we adhere to truth, the law comes to our aid naturally. I saw, that the facts of Dada Abdulla’s case made it very strong indeed, and that the law was bound to be on his side. But I also saw that the litigation, if it were persisted in, would ruin the plaintiff and the defendant, who were relatives and both belonged to the same city. No one knew how long the case might go on. Should it be allowed to continue to be fought out in court, it might go on indefinitely, and to no advantage of either party. Both therefore desired an immediate termination of the case, if possible.

I remembered the late Mr. Pincutt’s advice: facts are three fourths of the law. Later, the famous South African barrister, the late Mr. Leonard, confirmed this advice beyond doubt. In one case I was handling, I saw that justice was on my client’s side, though the law seemed against him. In despair, I went to Mr. Leonard for help. He too felt that the facts of the case were very strong. He exclaimed, ‘Gandhi, I have learned one thing. If we take care of the facts of a case, the law will take care of itself. Let us look more deeply into the facts of this case.’ He then asked me to study the case further and come back to see him. When I examined the facts again, I saw them in an entirely new light. I also found an old South African case that was relevant to the issue. Delighted, I went to Mr. Leonard and told him everything. ‘Right,’ he said, ‘we shall win the case. We must only bear in mind which judge hears it.’ When I was preparing for Dada Abdulla’s case, I had not fully understood the supreme importance of facts. Facts mean truth, and once we hold to the truth, the law naturally comes to our aid. I saw that the facts made Dada Abdulla’s case very strong indeed. The law was bound to be on his side. But I also saw that continuing the lawsuit would ruin both the plaintiff and the defendant. They were relatives and both came from the same city. No one knew how long the case might last. If the case continued in court, it might go on indefinitely, to neither party’s advantage. Both therefore wanted to end the case immediately, if possible.

I approached Tyeb Sheth and requested and advised him to go to arbitration. I recommended him to see his counsel. I suggested to him, that if an arbitrator commanding the confidence of both parties could be appointed, the case would be quickly finished. The lawyers’ fees were so rapidly mounting up, that they were enough to devour all the resources of the clients, big merchants as they were. The case occupied so much of their attention, that they had no time left for any other work. In the meantime mutual ill-will was steadily increasing. I became disgusted with the profession. As lawyers, the counsel on both sides were bound to rake up points of law in support of their own clients. I also saw for the first time, that the winning party never recovers all the costs incurred. Under the Court Fees regulation there was a fixed scale of costs to be allowed as between party and party, the actual costs as between attorney and client being very much higher. This was more than I could bear. I felt that my duty was to befriend both parties, and bring them together. I strained every nerve to bring about a compromise. At last Tyeb Sheth agreed. An arbitrator was appointed, the case was argued before him, and Dada Abdulla won.

I approached Tyeb Sheth and asked him to go to arbitration. I also advised him to consult his lawyer. I suggested that the case would end quickly if an arbitrator trusted by both parties could be appointed. The lawyers’ fees were rising so quickly that they could consume all the clients’ resources, even though both were wealthy merchants. The case took up so much of their attention that they had no time for other work. Meanwhile, their ill will toward each other was steadily growing. I became disgusted with the legal profession. The lawyers on both sides were obliged to search for points of law to support their own clients. I also saw for the first time that the winning party never recovers all the costs incurred. Under the Court Fees regulations, there was a fixed scale for the costs one party could recover from the other. The actual costs between lawyer and client were much higher. This was more than I could bear. I felt that my duty was to befriend both parties and bring them together. I did everything I could to bring about a compromise. At last, Tyeb Sheth agreed. An arbitrator was appointed, the case was argued before him, and Dada Abdulla won.

But that did not satisfy me. If my client were to seek immediate execution of the award, it would be impossible for Tyeb Sheth to meet the whole of the awarded amount, and there was an unwritten law among the Porbandar Memans living in South Africa, that death should be preferred to bankruptcy. It was impossible for Tyeb Sheth to pay down the whole sum of about £37,000 and costs. He meant to pay not a pie less than the amount, and he did not want to be declared bankrupt. There was only one way. Dada Abdulla should allow him to pay in moderate instalments. He was equal to the occasion, and granted Tyeb Sheth instalments, spread over a very long period. It was more difficult for me to secure this concession of payment by instalments than to get the parties to agree to arbitration. But both were happy over the result, and both rose in the public estimation. My joy was boundless. I had learnt the true practice of law. I had learnt to find out the better side of human nature and to enter men’s hearts. I realised, that the true function of a lawyer was to unite parties riven asunder. The lesson was so indelibly burnt into me, that a large part of my time during the twenty years of my practice as a lawyer was occupied in bringing about private compromises of hundreds of cases. I lost nothing thereby,—not even money, certainly not my soul.

But that did not satisfy me. If my client sought immediate payment of the award, Tyeb Sheth could not pay the full amount. Among the Porbandar Memans living in South Africa, there was an unwritten law that death was preferable to bankruptcy. Tyeb Sheth could not pay the full sum of about £37,000, plus costs, all at once. He intended to pay every penny, and he did not want to be declared bankrupt. There was only one way. Dada Abdulla would have to let him pay in moderate installments. Dada Abdulla rose to the occasion and allowed Tyeb Sheth to pay in installments over a very long period. It was harder to secure this agreement to pay in installments than to get the parties to agree to arbitration. But both were happy with the result, and both gained public respect. My joy was boundless. I had learned the true practice of law. I had learned to find the better side of human nature and to enter men’s hearts. I realized that the true function of a lawyer was to unite parties who had been driven apart. This lesson was burned so deeply into me that I spent much of my twenty years as a lawyer bringing about private settlements in hundreds of cases. I lost nothing by doing so, not even money, and certainly not my soul.