M. K. Gandhi

AN AUTOBIOGRAPHY: THE STORY OF MY EXPERIMENTS WITH TRUTH (1927)

(Translated by Mahadev Desai)

SOME REMINISCENCES OF THE BAR

Before coming to a narrative of the course my life took in India, it seems necessary to recall a few of the South African experiences which I have deliberately left out.

Some lawyer friends have asked me to give my reminiscences of the bar. The number of these is so large that, if I were to describe them all, they would occupy a volume by themselves and take me out of my scope. But it may not perhaps be improper to recall some of those which bear upon the practice of truth.

So far as I can recollect, I have already said that I never resorted to untruth in my profession, and that a large part of my legal practice was in the interest of public work, for which I charged nothing beyond out-of-pocket expenses, and these too I sometimes met myself. I had thought that in saying this I had said all that was necessary as regards my legal practice. But friends want me to do more. They seem to think that, if I described however slightly, some of the occasions when I refused to swerve from the truth, the legal profession might profit by it.

As a student I had heard that the lawyer's profession was a liar's profession. But this did not influence me, as I had no intention of earning either position or money by lying.

My principle was put to the test many a time in South Africa. Often I knew that my opponents had tutored their witnesses, and if I only encouraged my client or witnesses to lie, we could win the case. But I always resisted the temptation. I remember only one occasion when, after having won a case, I suspected that my client had deceived me. In my heart of hearts I always wished that I should win only if my client's case was right. In fixing my fees I do not recall ever having made them conditional on my winning the case. Whether my client won or lost, I expected nothing more nor less from my fees.

I warned every new client at the outset that he should not expect me to take up a false case or to coach the witnesses, with the result that I built up such a reputation that no false cases used to come to me. Indeed some of my clients would keep their clean cases for me, and take the doubtful ones elsewhere.

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On one occasion, whilst I was conducting a case before a magistrate in Johannesburg, I discovered that my client had deceived me. I saw him completely break down in the witness box. So without any argument I asked the magistrate to dismiss the case. The opposing counsel was astonished, and the magistrate was pleased. I rebuked my client for bringing a false case to me. He knew that I never accepted false cases, and when I brought the thing home to him, he admitted his mistake, and I have the impression that he was not angry with me for having asked the magistrate to decide against him. At any rate my conduct in this case did not affect my practice for the worse, indeed it made my work easier. I also say that my devotion to truth enhanced my reputation amongst the members of the profession, and in spite of the handicap of colour I was able in some cases to win even their affection.

I have indicated in the foregoing chapters that my object in practicing in South Africa was service of the community. Even for this purpose, winning the confidence of the people was an indispensable condition. The large-hearted Indians magnified into service professional work done for money, and when I advised them to suffer the hardships of imprisonment for the sake of their rights, many of them cheerfully accepted the advice, not so much because they had reasoned out the correctness of the course, as because of their confidence in, and affection for, me.

As I write this, many a sweet reminiscence come to my mind. Hundreds of clients became friends and real co-workers in public service, and their association sweetened a life that was otherwise full of difficulties and dangers.

An Autobiography, pp. 332-37