The distinction between the legal practice in Natal and that in the Transvaal was that in Natal there was a joint bar; a barrister, whilst he was admitted to the rank of advocate, could alsopractise as an attorney; whereas in the Transvaal, as in Bombay, the spheres of attorneys and advocates were distinct. A barrister had the right of election whether he would practise as an advocate or as an attorney. So whilst in Natal I was admitted as an advocate, in the Transvaal I sought admission as an attorney. For as an advocate I could not have come in direct contact with the Indians and the white attorneys in South Africa would not have briefed me.
But even in the Transvaal it was open to attorneys to appear before magistrates. 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 an 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 saw 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.
During my professional work it was also my habit never to conceal my ignorance from my clients or my colleagues. Wherever I felt myself at sea, I would advise my client to consult some other counsel, or if he preferred to stick to me, I would ask him to let me seek the assistance of senior counsel. This frankness earned me the unbounded affection and trust of my clients. They were always willing to pay the fee whenever consultation with senior counsel was necessary. This affection and trust served me in good stead in my public work.
I have indicated in the foregoing chapters that my object in practising 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 Indian 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 comes 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.
Next : 99. (124-195)-HOW A CLIENT WAS SAVED
To be continued ....