Clients Become Co-workers

The distinction between the legal practice in Natal and in the Transvaal was, that in Natal there was a joint bar; a barrister whilst he was admitted to the rank of advocate could also practise as an attorney; whereas in the Transvaal, as in Bombay, the spheres of attornies and advocates were distinct. A barrister had the right of election whether he would practise as an advocate or as an attorney. So, whilst in Natal I was admitted as an advocate, in the Transvaal I sought admission as an attorney. For as an advocate I could not have come in direct contact with the Indians and the white attornies in South Africa would not have briefed me.

Legal practice differed between Natal and the Transvaal. In Natal, there was a joint bar. A barrister admitted as an advocate could also practise as an attorney. But in the Transvaal, as in Bombay, attorneys and advocates had separate roles. A barrister could choose whether to practise as an advocate or as an attorney. So, although I was admitted as an advocate in Natal, I sought admission as an attorney in the Transvaal. As an advocate, I could not have had direct contact with Indians, and white attorneys in South Africa would not have given me cases.

But even in the Transvaal it was open to attornies to appear before magistrates. On one occasion whilst I was conducting a case before a magistrate in Johannesburg I discovered that my client had deceived me. I saw him completely break down in the witness box. So without any argument I asked the magistrate to dismiss the case. The opposing counsel was astonished and the magistrate was pleased. I rebuked my client for bringing a false case to me. He knew that I never accepted false cases, and when I brought the thing home to him, he admitted his mistake, and I have an impression that he was not angry with me for having asked the magistrate to decide against him. At any rate my conduct in this case did not affect my practice for the worse, indeed it made my work easier. I also saw that my devotion to truth enhanced my reputation amongst the members of the profession and in spite of the handicap of colour I was able in some cases to win even their affection.

But even in the Transvaal, attorneys were allowed to appear before magistrates. Once, while I was handling a case before a magistrate in Johannesburg, I discovered that my client had deceived me. I saw him break down completely in the witness box. So, without making any argument, I asked the magistrate to dismiss the case. The opposing lawyer was astonished, and the magistrate was pleased. I rebuked my client for bringing a false case to me. He knew that I never accepted false cases. When I made him understand what he had done, he admitted his mistake. I believe he was not angry with me for asking the magistrate to decide against him. In any case, my conduct did not harm my practice. In fact, it made my work easier. I also saw that my devotion to truth improved my reputation among other lawyers. Despite the disadvantage I faced because of my colour, I was able in some cases to win their affection too.

During my professional work it was also my habit never to disguise my ignorance from my clients or my colleagues. Wherever I felt myself at sea I would advise my client to consult some other counsel, or if he preferred to stick to me, I would ask him to let me seek the assistance of senior counsel. This frankness earned me the unbounded affection and trust of my clients. They were always willing to pay the fee whenever consultation with senior counsel was necessary. This affection and trust served me in good stead in my public work.

In my legal work, I made a habit of never hiding my ignorance from my clients or colleagues. Whenever I felt out of my depth, I advised my client to consult another lawyer. If the client preferred to stay with me, I asked permission to seek help from a senior lawyer. This honesty earned me the boundless affection and trust of my clients. They were always willing to pay the fee when a consultation with a senior lawyer was necessary. Their affection and trust served me well in my public work.

I have indicated in the foregoing chapters that my object in practising in South Africa was service of the community. Even for this purpose, winning the confidence of the people was an indispensable condition. The large-hearted Indians magnified into service professional work done for money, and when I advised them to suffer the hardships of imprisonment for the sake of their rights, many of them cheerfully accepted the advice, not so much because they had reasoned out the correctness of the course, as because of their confidence in, and affection for, me.

In earlier chapters, I explained that my aim in practicing law in South Africa was to serve the community. To do that, I first had to win the people’s confidence. The generous Indians treated my paid professional work as a service to the community. When I advised them to endure prison for the sake of their rights, many gladly followed my advice. They did so less because they had thought through whether it was right than because they trusted and loved me.

As I write this, many a sweet reminiscence comes to my mind. Hundreds of clients became friends and real co-workers in public service and their association sweetened a life that was otherwise full of difficulties and dangers.

As I write this, many sweet memories come to mind. Hundreds of clients became friends and true partners in public service. Their friendship made my life sweeter, though it was otherwise full of difficulties and dangers.