How to obey 'Dharma', while being a lawyer?

[karnvr]

In a few months, i ll be practicing as an advocate but as we know. Dharma should not suffer while being professional, What to do? Is a lawyer's Dharma is to protect who seeks his services (even the one who is immoral or unjust) or Dharma is to reject such cases & ask such clients to see someone else for service.

[wundermonk]

In a few months, i ll be practicing as an advocate but as we know. Dharma should not suffer while being professional, What to do? Is a lawyer's Dharma is to protect who seeks his services (even the one who is immoral or unjust) or Dharma is to reject such cases & ask such clients to see someone else for service.

Interesting question/dilemma. BTW, where do you practise law? In India, the entire legal system is pretty much screwed up because we have archaic laws put in place by the Brits and we are following these even now.

I would say that if you know that your client is immoral or unjust, EVEN if it helps you earn a lot of money, you should not take up the case. You have to answer your conscience and also the profession/society/community at large.

In any case, it is not an easy question to answer. Is a doctor justified in saving the life of a Hitler?

[karnvr]

One view is - do your duty. whoever seeks your services, provide them whether he be just or unjust. May be this is dharma of a lawyer.

Another view - one who is in the favour of unjust, is in the favour of adharma. Bhagwad Gita says that even the one who remains neutral, will be presumed as the one in favour of adharma. So in this case, i ll be practicing Adharma.

So, what is Dharma of a lawyer ?

[ZarryT]

When someone says something like "you already know the answer in your heart" what they mean is that the definition of you as a character in this divine play already holds your stage directions.

The question becomes: what kind of character are you?

Regardless of what advice or direction someone gives you here, ultimately your role will decide for you. Are you the kind of person who would defend the guilty?

It'll be down to your judgement in each case - is the guilty person likely to be subject to a sentencing which is unjust in your eyes? You'll work it out just as you are meant.

[McKitty]

Hello,

This is funny, I'm not a lawyer at all. But I already asked this question to myself...For several years now I play a ds game named "Phoenix Wright". The main character of the game is a young defense attorney, and though all the cases and the stories he wonder to himself the meaning of his work, what should he do...Sometimes, he have to defend people which every evidence are pointing as killers. But Phoenix Wright is so concerned about justice and being righteous that he always have to strengh and the will to look further for the truth and to believe in people. Many times he is right, and his defendant is not the killer, but sometimes....He is wrong. And This pains him and make him think about the purpose of all of this. But in the end, all his friends help him and ultimately he stay what he is himself: a steel willed ordinary man, righteous, fighting for justice and seeking the truth no matter what the cost.

It's only a game, haha xD But I remember it makes me think about this. I believe the most important think is to be true to yourself and passionate in what you really want to do. Never give up no matter what happen !

[yajvan]

hariḥ oṁ
~~~~~~

namast�

If one is looking for direction regarding dharma, then the mahābhārata can be one's support. If you look to the śanti parvan, section 60 (LX), you will find that bhīṣma-ji offers the ordanances ( or vidhi�) for the 4 orders (varṇa) of men. He also talks of the 9 vidhi that are common to all.

Now this śāsana (teaching) of bhīṣma-ji� goes on for many chapters and is a delight to read. Yet for me there are a few instructions that become the essense of the teaching (śāsana). Let me offer one of them.

This is found in the aṇusāsana� parvan (section CXIII or 113). Yudhiṣṭhira now asks questions to bṛ́hasp�ti (some also write vrihaspati)
and says, 'absence of injury, the observance of yaj�a, meditation,etc. - which one of these are filled with the greatest merit for the individial? '

Bṛ́hasp�ti talks of the merits of these virtues, yet says the following:
One should never do that to another which one regards as injurious to one's own self. He continues and says , this in brief is the rule of dharma.

praṇām

words
1.

• vidhi - ordinances, a rule , formula , injunction , ordinance , statute , precept , law
• bhīṣma means terrible , dreadful. Yet if we look at this word as a composite bhī +īṣma we find it more insightful. bhī is defined as to fear, to put in a fright. But who is bhīṣma putting in a fright to? To īṣma. Who is this īṣma ? It is another name for kāmadeva . Bhīṣma gives fear to kāmadeva by taking a vow for his full life.
  And who is this kāmadeva ? none other then the god of love, some say passion and desire.

2.

• aṇusāsana - The brilliance of this word aṇusāsana parvan shows the great command of the language by vyāsa-ji ( also known as Kṛṣṇa Dvaipāyana )
  • This word can be seen in a few ways:
    aṇu+sā+sana : aṇu = finer +sā =knowledge + sana = presenting, gain, acquisition. Hence the section (parva) presenting finer knowledge.
  • anu + śasana : anu = after or afterwords + śasana = killing. Hence the section (prava) after the war.

[Jainarayan]

Namaste.

Is a doctor justified in saving the life of a Hitler?

That in itself is an interesting question I have pondered and discussed with others. While it's a no-brainer that millions died horribly because of Hitler (and Stalin, Mao Zedong, Pol Pot, et. al.), what would we have not learned about the evil and atrocities humans can commit, and learned to prevent, if he/they had not lived? Unpopular as this may be with the general public, I believe (just my belief) it was Hitler's dharma (in the strictest definition of 'duty' or 'path') to do what he did. This is one reason, if not the only one, I believe that time travel into our past is not possible or permissible. Dharma must unfold as it will.

[Jainarayan]

Is a lawyer's Dharma is to protect who seeks his services (even the one who is immoral or unjust) or Dharma is to reject such cases & ask such clients to see someone else for service.

In the US a (defense) attorney's duty is provide his or her client with the best legal defense possible to obtain an acquittal, regardless of the defendant's innocence or guilt. The attorney can't and doesn't decide if the defendant is guilty or not. That is for the trial jury.

However, if the defense attorney has reason to suspect or actually knows of a defendant's illegal activity, the attorney cannot properly represent the defendant, at the risk of subborning perjury. Moreover, if the attorney has an overriding and unabating sense that he or she cannot represent the defendant honestly, he or she should ask the defendant to seek counsel elsewhere.

In a nutshell... listen to your gut. It's usually right when it speaks.

[yajvan]

hariḥ oṁ
~~~~~~

namasté

it was Hitler's dharma (in the strictest definition of 'duty' or 'path') to do what he did.

I'd ask you to please reconsider the roots of dharma... it is that which upholds, uplifts. The actions of Mr. Hitler was opposite of this universal principle of dhṛ - to preserve.

Dharma is the manifestation of virtue , morality , religion , religious merit , good works ,right or rule rightly , justly. Mr. Hitler was bent on crushing, extingishing, over-powering. His rule was that of hiṃsa¹ from what I read.

praṇām

1. hiṃsa - injuring , injurious , mischievous , hostile

[Jainarayan]

Namaste.

hariḥ oṁ
~~~~~~

namast�


I'd ask you to please reconsider the roots of dharma... it is that which upholds, uplifts. The actions of Mr. Hitler was opposite of this universal principle of dhṛ - to preserve.

I understand and see your explanation. Yes, it is true that in the cosmic, geologic, historical short run his actions were abominable and, but as I see it, humanity learned from it. Sometimes good can come from evil to "re-set" the balance.

Maybe I'm actually referring to Hitler's svadharma:

Svadharma or relative dharma often conflicts with sādhāraṇa dharma, universal dharma, or sanātana dharma, absolute or eternal dharma.

Maybe it was his role in the life cycle of the world. I was working from the following definition, which I admit might be a bit of a broad interpretation, and perhaps incorrect:

that which upholds, supports or maintains

the regulatory order of the universe[1] means Law or Natural Law and is a concept of central importance in Indian philosophyand religion. As well as referring to Law in the universal or abstract sense dharma designates those behaviours considered necessary for the maintenance of the natural order of things.[2].
http://en.wikipedia.org/wiki/Dharma

I believe that what happened had to happen; there are no accidents, either on the world stage or in personal life. That is, everything happens for a reason, and everyone acts for some reason.

It's certainly complicated.