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In the recent past most of the educated clients are frustrated due to delay in justice. The educated litigants approach the Hon’ble Courts with folded hands with an assumption that they will get justice as promised under the following circular issued by various Hon’ble High Courts. The summary of such circular is as follows:
Karnataka Case Flow Management Rules
The said circular bears No. LAW 294 LAC 2005 dated 18.03.2006 issued by Law, Justice and Human Rights Secretariat, Government of Karnataka, Bengaluru.
SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
The Karnataka High Court has launched the Case Flow Management system.
The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months
In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.
Disposal in 12 months
In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.
Disposal in 24 months
In Track 3 and 4, Cases to be disposed of in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trademarks, copyrights, patents and intellectual property rights.
Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.
The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing a statement or objection from the date of service.
Tackling Exasperated Clients
When cases were not disposed within the above time limits, the educated litigants lose faith and become aggressive against their own lawyers. Then it would be a big problem for the lawyers to convince such litigants. Many cases held up at the preliminary stages like issuance of summons/notices, mediations and hearing on interim applications. In many cases they would be stay orders passed by Hon’ble High Courts wherein the Trial Courts unable to proceed with. Especially in Family cases they aggrieved party not getting any favourable or unfavorable order within the time frame as a result they are losing their young age and they become frustrated as they could not bear children after certain age. Thus, it has become very difficult to deal with an aggressive client and it has become a challenging job for a lawyer to remain calm and professional, even if the client is being difficult. Here are a few tips for dealing with an aggressive client:
1. Stay calm and composed
Even if the client is being aggressive, it's important to remain calm and professional. This will help to defuse the situation and prevent it from escalating further. To diffuse tension, try to maintain a low volume and a friendly demeanor, even if it feels difficult. Pay attention to your body language and avoid any nonverbal cues that may be interpreted as defensive or hostile, such as pacing, tapping, crossing your arms, or rolling your eyes. By being mindful of your behavior and expressions, you can help create a more positive and productive atmosphere.
2. Listen carefully
Allow the client to speak and express their concerns or frustrations. Listen carefully and try to understand their perspective. This will show that you are attentive and willing to help. To effectively address someone's concerns, it is important to ask appropriate questions without interrupting and to allow them to fully express their thoughts. Sometimes, simply giving someone the chance to vent can help them feel more at ease. Once they have explained the situation to you, try to confirm or summarize their concerns to ensure that you have understood them. This can help show that you are listening and can help build trust and communication.
3. Avoid getting Defensive
When faced with an aggressive client, it is important to avoid becoming defensive, as this can escalate the situation. Instead, strive to maintain a neutral stance and avoid engaging in a confrontation. This can help de-escalate the situation and prevent it from worsening. By remaining calm and composed, you can demonstrate your professionalism and help diffuse any negative emotions.
4. Offer Solutions
Once you have listened to the client and understood their concerns, try to offer solutions or suggestions that could help to resolve the issue. This will show that you are willing to help and are looking for a way to move forward. Customers often want to know that their concerns are being addressed, even if the solution is not a complete one. If you are limited in the options you can offer, avoid making unrealistic promises. Instead, be transparent about the limitations and consider involving management to show that you are committed to finding a resolution. This can help build trust and demonstrate your willingness to go the extra mile to help the customer.
5. Escalate the issue if necessary
If a customer's behavior becomes unmanageable or if you are unable to resolve their issue, it may be necessary to escalate the situation to a manager or supervisor. These individuals have the necessary training and experience to handle difficult situations and can help find a resolution. By escalating the issue to someone who is better equipped to handle it, you can help ensure that the customer's concerns are addressed and the situation is resolved in a professional manner.
6. Part ways
In some cases, it may be necessary to end a business relationship with a client, if the client continues to behave rudely or aggressively towards you or your employees. If you decide to part ways with a client, thank them for their business and remain respectful throughout the process. The client may react negatively to this news, but it is important to remain calm and professional. You have the right to choose who you work with and who you do not.
It is important to remember that every situation is unique and that the best course of action will depend on the specific circumstances. The most crucial thing is to maintain a calm and professional demeanor and to work towards finding a solution that satisfies both parties. By staying composed and focused, you can help diffuse the situation and prevent it from escalating.
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