History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.145

v4.c63.145

An interesting question arises whether lawyers as an institution existed in ancient India. The answer must be that so far as the smṛtis are concerned, there is nothing to show that any class of persons whose profession was the same as that of modern counsel, solicitors or legal practitioners and who were regulated by the State existed. This does not preclude the idea that persons well-versed in the law of the smṛtis and the procedure of the courts were appointed (*niyukta*) to represent a party and place his case before the court. The procedure prescribed by Nār, Bṛ. and Kāt. reaches a very high level of technicalities and skilled help must often have been required in litigation. In the com. of Asahāya as edited by Kalyāṇabhaṭṭa on Nār. (ṛṇādāna 4) there is an instructive story from which it appears that persons who had studied the smṛtis helped parties in return for a monetary consideration to raise contentions before the court. But there also the helper comes forward saying that he is a very old friend of the family and has been appointed by the party to represent him. So he corresponded to what is called a recognized agent in the Indian Civil Pro. Code, Order III. r. 2 (Act V of 1908). In Śukra IV. 5. 114-117 some important rules are given :³⁹⁴ the person who is appointed to represent a party should get as his wages 1/16, 1/20, 1/40, 1/80 or 1/160 part of the amount in dispute, that the wages become less and less as the claim in dispute becomes higher or if several persons employ one representative; one who knows dharmaśāstra and the procedure of law-suits should be appointed as representative and not any one who is deficient in these; if the representative takes wages without knowing these he should be punished by the king. A representative is to be appointed by the party and not by the king at his will; if the representative allows the matter entrusted to him to fail owing to his greed he is liable to be fined³⁹⁵. In the 'Questions of Milinda' (S. B.