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A lawyer must devote himself to championing the oppressed, regardless of whether they are poor or rich. The lawyer/lawyer must provide honest advice and possess wise leadership qualities that qualify him/her to settle disputes in a dignified manner in accordance with the provisions of the law. He/she must also not submit to his/her client when it comes to unfairness and injustice to others. This is precisely what God Almighty commanded us to do in His saying to His Messenger, may God bless him and grant him peace, in the Holy Qur’an: “And do not be an adversary to the traitors.” Which makes it necessary for the lawyer to put an end to the injustice and prove the truth. Otherwise, his actions will be doomed to failure, even if he achieves many successes in the path of injustice, because God Almighty gives respite and does not neglect.
The lawyer is the first arbiter of the case, as he studies it and evaluates the evidence.If the lawyer finds that his client is right, it is his duty to adhere to his defense, keeping in mind the good morals that characterize the warrior who confronts his opponents for the sake of justice, and avoids following methods. Malicious and devious to triumph over his opponents.
During the battle that a lawyer wages to defend the right, he must be a fierce and noble fighter in every sense of the word. He should not attack his opponent (exploit the situation) in the event that the opponent surrenders or loses some evidence that proves that his opponent is right. If the lawyer decides to take advantage of the situation and obtain the ruling he wants from the judge, then he will have made a mistake, and as Umm Salamah reported from the Messenger, may God bless him and grant him peace, he said, “I am only human, and you dispute with me, and perhaps some of you will be more sensitive to your argument than others.” So I decide according to what I hear. Whoever I decree for him something that is due to his brother should not take it, for I am only isolating for him a portion of the Fire.”
In order to justify the matter, some lawyers believe that if they decide to give up pleading in the cases of clients who are found to be wrong, the clients may resort to another lawyer to plead on their behalf. This type of lawyer prefers to earn case fees and ignore the oath they took to serve justice and uphold the word of truth. They neglect that God is the Provider, as stated in the Almighty’s saying, “And in heaven is your provision and what you are promised.” And also in the words of God (Glory be to Him): “And whoever fears God, He will make for him a way out and provide for him from where he does not expect,” and as the Prophet, may God’s prayers and peace be upon him, said, “For honesty is reassurance.”
A lawyer can persuade the convicted party to refrain from injustice and seek the path of reconciliation and forgiveness. He must confront his client with the truth and not delve into falsehood. Even if the lawyer loses the case, his reputation will not be damaged in court, and on the other hand, he will satisfy his God, his religion, and his goal in life. He must also remember the words of God (Almighty and Majestic): “Here are you. You argued on their behalf in the life of this world. Who will argue on their behalf with God on the Day of Resurrection, or with someone who will be a representative over them?”
In practice, I have dealt with many cases, including, for example, the following scenario: A man was accused of breach of trust and was subject to prosecution. During the session, he denied the charge against him before the court. When the court set the date for the defense session, the case documents showed that the man was indeed guilty. Then I decided to summon the accused and offered him the option of confessing to the crime he committed, and then our company would be sure to return all the legal fees that he had previously paid. Otherwise, the accused’s case will be abandoned by our law firm.
The accused chose to confess to his crime and requested the court’s support to consider reducing the sentence. Pointing out that he is ready to make up for everything he caused. During the defense session, I approached the jury and began arguing the case. To my surprise, the judge announced that the accused had confessed to his crime and that he was praying to God to open the doors of repentance for him. The accused also asked the court to look at him with mercy and reduce his sentence, given that he confessed to the charge against him. He was sincere in his remorse for his crime and promised himself never to repeat it. Suddenly, the judge’s face softened and he asked me to reach a settlement with the accused. The session was adjourned until settlement. This reminds us of the words of the Prophet, may God bless him and grant him peace, “For honesty is reassurance.”
A lawyer can persuade the convicted party to refrain from injustice and seek the path of reconciliation and forgiveness. He must confront his client with the truth and not delve into falsehood. Even if the lawyer loses the case, his reputation will not be damaged in court, and on the other hand, he will satisfy his God, his religion, and his goal in life. He must also remember the words of God (Almighty and Majestic): “Here are these people whom you argued on their behalf in the life of this world. Who will argue on their behalf with God on the Day of Resurrection, or someone who will be a representative over them?”
In practice, I have dealt with many cases, including, for example, the following scenario: A man was accused of breach of trust and was subject to prosecution. During the session, he denied the charge against him before the court. When the court set the date for the defense session, the case documents showed that the man was indeed guilty. Then I decided to summon the accused and offered him the option of confessing to the crime he committed, and then our company would be sure to return all the legal fees that he had previously paid. Otherwise, the accused’s case will be abandoned by our law firm.
The accused chose to confess to his crime and requested the court’s support to consider reducing the sentence. Pointing out that he is ready to make up for everything he caused. During the defense session, I approached the jury and began arguing the case. To my surprise, the judge announced that the accused had confessed to his crime and that he was praying to God to open the doors of repentance for him. The accused also asked the court to look at him with mercy and reduce his sentence, given that he confessed to the charge against him. He was sincere in his remorse for his crime and promised himself never to repeat it. Suddenly, the judge’s face softened and he asked me to reach a settlement with the accused. The session was adjourned until settlement. This reminds us of the hadith of the Prophet, may God bless him and grant him peace, “For verily, honesty is reassurance.”
As another example from practice, there was a case of a foreign woman who was convicted of involvement in a criminal offense involving kidnapping, rape, incitement to debauchery and theft. She remained imprisoned for nearly eight months despite her acquittal of the charges against her. The evidence available was not in her favor as a result of procedural errors and errors in translating her language (as she did not speak Arabic), which led to a deterioration in her position before the court. The Public Prosecution and the competent judicial court also refused to release her until evidence of her innocence emerged. In the end, many pieces of evidence appeared to support her position in the case and the truth was revealed, making the position completely consistent with the hadith of the Prophet, may God bless him and grant him peace, “For truthfulness is reassurance.”
In conclusion, we ask God (Almighty) to grant our colleagues success, guide us to the right path, help us defend the truth, and make honesty our ally.
Lawyer Jassim Al-Zarooni