The Profession takes up most of your time, but if you really want to do charitable work, you can find the time – Ashok Haranahalli

Senior Advocate Ashok Haranahalli is a former Advocate General of Karnataka. In this interview with Bar & Bench, ‘Senior’, as he is affectionately called in his office, talks about the duty of lawyers to serve society and do charitable work, his time as AG, the trend of senior counsels opening law firms and more..Bar & Bench: Your father, Haranahalli Ramaswamy was a freedom fighter. .Ashok Haranahalli: My father was both, a lawyer and a politician. He was a leading criminal lawyer in Hassan. After I became a lawyer, he concentrated mostly on politics and social activities. He always believed that one should engage in some kind of public service, apart from earning a livelihood. Initially, when I entered the profession, I had to grow in his shadow, so it was difficult to make a mark on my own. At first, I was only recognized as his son and I found that the goodwill he had with people helped me. Even today, when he is no more, wherever I go, I find that people have a good opinion about him..B&B: Did you have any political aspirations?.Ashok Haranahalli: Initially, I did. At that time, I was immersed in the legal profession. Later, I came to realize that politics is a different ball-game. Even if you want to be true to your conscience, you have to sometimes make compromises in politics. I was not comfortable with that side of it, and therefore chose not to pursue it..B&B: Why did you take up law?.Ashok Haranahalli: I took up law because my father was a lawyer. I didn’t always want to do law, but gradually as I set up my practice, I found it to be a very satisfying profession. It gives you a lot of independence. In this profession, you have to make a mark while being upright and maintaining integrity. After a while, you can take up causes that you believe in and refuse the ones that don’t interest you. I don’t think any other profession gives you as much experience in various fields. By interacting with people, you tend to learn about various facets of life. People may be swayed by press reports, but we as lawyers know the other side of the story. Your job is to argue your case the best you can, without caring about winning or losing. It teaches you to take things in life as they come, in a stoic manner. These were the reasons why the profession interested me..B&B: How were your early days of practice?.Ashok Haranahalli: In the early days, you have to stick to the profession notwithstanding the set-backs you face. Though my father had a political background, he did not like to recommend my name in other circles, so I had to do it on my own. In the first 10-15 years, there was a lot of work without much return, as it is for any other litigation lawyer..B&B: You are the Chairman of a number of charitable trusts. Do you think that lawyers should do more pro-bono work?.Ashok Haranahalli: I had completed around 25-30 years of practice before my father expired in 2009. He told me that making money is not the only thing in life and that I should contribute to society. He was the Chairman of the Lok Shikshana Trust, and a number of educational societies. In his last few months, the responsibilities that he was shouldering got transferred to me, as the people involved with those societies asked me to. He did all this work without a return of a single paisa. So, I saw it as an opportunity for me to give something back to the society while pursuing my career in the legal profession..I think it is a choice for lawyers to make. As a lawyer, you have a duty to help out the society. The profession takes up most of your time, but if you really want to do charitable work, you can find the time. I do court work for five days and charity work for two days every week..B&B: What were the challenges you faced as Advocate General of Karnataka?.Ashok Haranahalli: The period when I was Advocate General was a very challenging one. Mr. Yeddyurappa was the Chief Minister then. Every day, some problem or the other would come up. The Chief Justice of the Karnataka High Court at that time, Justice Khehar was a very dynamic person. There were a lot of cases that came my way. For example, the municipal corporation election could not be held and contempt proceedings were initiated against the government. There were a lot of issues with regard to the mining sector, where mining permits were being given illegally. With the help of the court, we formulated rules to prevent illegal mining. Because of the clout of people who were involved in illegal mining in Bellary, this did not get enough publicity. Even though it was challenging, it was a good experience..B&B: Not too long ago, there was a controversy regarding senior advocate designations by the Karnataka High Court. What do you think should be followed – the designation system or the application system?.Ashok Haranahalli: Ultimately, even if you are designated a senior, it does not take you anywhere. In this profession, it is the client who recognizes your capability. One thing that troubled my understanding of the issue was that initially they had framed rules listing out the criteria to become a senior counsel. Then they decided to form new rules. What happened recently was that neither [did they] follow the old norms, nor did they follow new norms. They gave it to whoever was able to secure more votes. I don’t understand how that happened..B&B: A lot of seniors of the Karnataka High Court have started their own law firms. Do you think that this goes against the spirit of the Advocates Act?.Ashok Haranahalli: There is a debate as to whether or not law firms can be started by senior counsels. However, it appears that there are a lot of these kind of firms throughout India, including Delhi. There is no clarity on this issue. Unless the Bar Council takes an initiative to clarify [this], there will be opinions either way. But a senior counsel is not expected to do certain things like sign pleadings. Suppose I have somebody in my office who does that on my behalf and I appear in the case, whether I have a law firm or not doesn’t matter. The point is that a senior must retain some kind of independence in all these matters..The objective of designating a senior counsel is that once you reach a certain maturity, you don’t identify with the client directly. As it is with any system, it is the individuals and not the system that matters. For example, the judiciary cannot do anything unless the persons who make the judiciary are good..B&B: What is the structure of your firm?.Ashok Haranahalli: We have recently created an LLP where there are about 4-5 partners as of now including my two sons, Mr. Sandeep Patil, Mr. Subramanya, and Mr. Vinayak Batta. If they engage me in a matter, I appear, otherwise they do their own work..B&B: What do you think is the solution to the pendency issue?.Ashok Haranahalli: One of the major problems we face is the appointment of judges, which is a very slow process. For example, in respect of a vacancy which has come up last year, the proceedings or even recommendation haven’t even been initiated. There should be a system wherein the recommendation must be initiated much earlier than the vacancy..Secondly, the persons so appointed must be capable and competent. A common misconception is that lawyers cause delays, but if a judge is straight, he can control the court proceedings. A competent judge will refuse to give too much time to the advocate; the quality of the judges matter more than the quantity..In the subordinate judiciary, there is a system where the judges are accountable to the higher courts, so there’s nothing they can do about the pendency. No doubt, the higher judiciary is over-burdened, but there, the judges are only accountable to themselves. So, when they have that kind of freedom, they are expected to act responsibly. If they don’t, the entire system will suffer..B&B: Looking back at your career, any memorable cases come to mind?.Ashok Haranahalli: Too many! I used to handle Central Excise matters for a long time. Early in my career, I had an occasion to oppose the top lawyers in the country. When the Karnataka government banned the export of iron ore, many people thought it would not withstand the scrutiny of the court. But we ultimately won the case even though the government itself thought that it was not a matter which could be seriously argued..B&B: What advice would you give young law graduates?.Ashok Haranahalli: Firstly, don’t go for money in the beginning. If you do so, then you’re digging your own grave. Secondly, don’t shy away from litigation. Most of the new entrants want to do corporate work. In my opinion, the enjoyment of arguing a matter in court is far better than sitting in an office all day. Thirdly, if you arguing a litigation matter, you should always be absolutely thorough, as if you’re going for an examination. You must anticipate what questions may crop up and be prepared. You should also put yourself in the position of the judge and think. There’s no point in vomiting facts and coming back. Next, even if you lose the case, come back with a smiling face and get on with it. You have to build a reputation in the profession. If you lie while arguing even one case, it is like the thirteenth stroke of the clock. All your previous arguments will then come into question. You must never mislead the court on statements of fact. But on law, there is a lot of scope for giving your own perspective..Just like a doctor, you must develop the capacity to diagnose a case. You must also be up-to-date on case law and make note of all recent judgments. Even if a judge asks a wrong question, take it in a pleasant way and try to convince him, never get into a fight. Your job is to persuade the judge, not to fight with him..B&B: What are your hobbies?.Ashok Haranahalli: I spend my free time reading and participating in spiritual activities. I also do public service during the weekends. Apart from these, I don’t have any hobbies as such.