In recent years, most of the clients with education have been frustrated by the delay in obtaining justice. The educated litigants go to the Hon’ble Courts with their hands folded, expecting to receive justice according to the following circulars issued by the various Hon’ble Courts. The summary of the circular reads:
Karnataka Case Flow Management Rules
The circular bears the No. LAW 294 LAC, 2005, dated 18.03.2006, issued by the 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, also known as it, was promulgated by the State Government almost two years ago. The following year, the High Court framed the rules for all suits and civil proceedings in subordinate civil tribunals and courts.
It separates the case into four tracks.
Disposal within nine months
In Track 1, the High Court has included cases concerning child custody, maintenance appointment of guardians, wards, visiting rights certificates of administration and succession certificates, recovery of rent, and a permanent injunction. Each case under this category must be settled by the end of the nine months.
Disposal after 12 months
in Track 2. Any cases regarding execution, divorce, and expulsion must be resolved in 12 months.
Disposal within 24 months
The tracks 3 and 4, the cases to be resolved within 24 months are related to partition and declaration, particular performance, possession, compulsory injunction appeals, damages easements, trademarks, patents, copyrights, and rights to intellectual property.
Cases not falling into one category fall under the category of fourth. They also have to be resolved within 24 months. However, the officer in charge of the case can dismiss cases earlier.
The rules stipulate an obligatory time frame for court proceedings like the issue of summons or notices. Proceedings must specify a maximum of 30 days to file an objection or a statement within 30 days of when service is served.
Tackling Exasperated Clients
If the case is not settled within the specified timeframes in the event of a delay, educated litigants begin to lose faith and are hostile to their lawyers. This creates difficulty for lawyers to convince these litigants. Many cases are held up during the beginning stages, such as issuing summons/notices, mediations, or hearings on interim applications. There are many instances where there will be stay orders issued by Honourable High Courts in which the Trial Courts cannot proceed. Particularly in Family matters, the aggrieved party is not receiving any favorable or unfavorable ruling within the stipulated timeframe, As a result, they are losing their youthfulness and are frustrated because they cannot have children until a certain age. This is why it’s tough to deal with an aggressive client. It is now a challenge for lawyers to stay calm and professional, even when the client is challenging. Here are some suggestions for dealing with an aggressive client:
Be calm and collected.
It is essential to keep calm and pr, professional even if the customer is threatening. This can help defuse the situation and stop the problem from getting worse. To ease tension, maintain the volume at a minimum and maintain a positive attitude, even when it is difficult. Be aware of your body language and stay clear of any nonverbal signals that can be perceived as hostile or defensive, for example, tapping, pacing your arms, or looking at your eyes. Be aware of your actions, facial expressions, and body language to create a more pleasant and productive environment.
Pay attention
Let the client communicate and express their worries or complaints. Pay attention and try to comprehend their point of view. This shows that you’re aware and eager to assist. To effectively address a person’s issues, it is essential to ask the right questions without interruption and let them freely let their thoughts be heard. Sometimes, just allowing them to vent will aid them in feeling more comfortable. After they’ve explained the issue to you, clarify or confirm their concerns to make sure you’ve understood them. This will show you’re listening and aid in building trust and establishing communication.
Do not be defensive.
If you are confronted with a hostile client, it’s important not to get defensive since this could escalate the situation. Instead, try to keep a neutral attitude and refrain from engaging in a conflict. This will help to de-escalate the situation and prevent the problem from worsening. By staying calm and composed and calm, you will be able to demonstrate your professionalism and ease any negative feelings.
Offer Solutions
After you’ve listened to the client and listened to the client’s concerns, you can provide ideas or solutions that can assist in solving the problem. This shows that you’re willing to help and seek ways to improve your service. Customers want to feel that their concerns are being addressed, even if your solution may not be all-encompassing. If you’re limited in answers, you should avoid making untrue promises. Instead, you should be honest about your limitations and consider involving management to show you’re committed to finding the solution. This can build confidence and show your willingness to take above and beyond to assist your customer.
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