CHANAKYA NATIONAL LAW UNIVERSITY

The final draft for the fulfilment of project of

MARKETING MANAGEMENT

On

A STUDY ON THE ROLE OF LAWYERS IN FILING OF CASES

INFLUENCING CONSUMER BUYING BEHAVIOUR

Submitted to:-Dr.Manoj mishra Submitted by:-Yash agrawal

Faculty of Management Roll no.1663

1st year B.B.A.L.L.B.(Hons.)

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TABLE OF CONTENTS
Acknowledgement .................................................................................................................................. 3
Declaration .............................................................................................................................................. 4
Research Method .................................................................................................................................... 5
Aims & Objectives ............................................................................................................................... 5
Research methodology ....................................................................................................................... 5
introduction ............................................................................................................................................ 6
CONSUMER BUYING BEHAVIOUR ........................................................................................................... 7
Factors Influencing Buying Behaviour..................................................................................................... 7
Role of lawyers in filing of cases:- ......................................................................................................... 10
Benefits of having a lawyer:-................................................................................................................. 13
Analysis and findings:- .......................................................................................................................... 14
Suggestions:- ......................................................................................................................................... 20
Conclusion ............................................................................................................................................. 21
Bibliography .......................................................................................................................................... 22
Annexure 1.23

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ACKNOWLEDGEMENT

Writing a project is one of the most difficult academic challenges I have

ever faced. Though this project has been presented by me but there are
many people who remained in veil, who gave their support and helped
me to complete this project.

First of all I am very grateful to my subject teacher Manoj mishra

without the kind support of whom and help the completion of the project
would have been a herculean task for me. He took out time from his
busy schedule to help me to complete this project and suggested me
from where and how to collect data.

I acknowledge my friends who gave their valuable and meticulous

advice which was very useful and could not be ignored in writing the
project. I want to convey most sincere thanks to my faculties for helping
me throughout the project.

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DECLARATION

I hereby declare that the work reported in the BBA LL.B (Hons.) Project Report entitled A
STUDY ON THE ROLE OF LAWYERS IN FILING OF CASES INFLUENCING
CONSUMER BUYING BEHAVIOUR submitted at Chanakya National Law University,
Patna is an authentic record of my work carried out under the supervision of Dr.Manoj
mishra. I have not submitted this work elsewhere for any other degree or diploma. I am fully
responsible for the contents of my Project Report.

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RESEARCH METHOD
AIMS & OBJECTIVES
The researcher will do the research on the topic that how lawyers influence consumer buying
behaviour and will locate different lawyers and study them.

RESEARCH METHODOLOGY

The researcher will be collecting valuable data from library which includes the written works
and from the field. All these data will help the researcher to solve his research problem.

All the books, journals ,articles published in newspapers, bodies ,reports.

The researcher will make use of both doctrinal and non-doctrinal.

HYPOTHESIS OF RESEARCH

A research hypothesis is a specific, clear, and testable proposition or predictive statement about

the possible outcome of a research study based on a particular property of a population, such

as presumed differences between groups on a particular variable or relationships between

variables. Specifying the research hypotheses is one of the most important steps in planning a

qualitative research study.one of the advantages of stating a research hypothesis is that it

requires the researcher to fully think through what the research question implies, what

measurements and variables are involved, and what statistical methods should be used to

analyze the data.

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 INTRODUCTION
The job of marketer is to meet and satisfy target customers needs and wants but
knowing customer" is not a simple task. Understanding the buying behavior of the target
market for its company products is the essential task for the marketing dept. The job of the
marketers is to think customer and to guide the company into developing offers, which are
meaningful and attractive to target customers and creating solutions that deliver satisfaction to
the customers, profits to customer and benefits to the stakeholders.

Marketers must study the customer taste, preferences, wants, shopping and buying behavior
because such study provides the clues for developing the new products, price, product changes,
messages and other marketing mix elements. In understand the concept of buying we have the
some of the key questions. They are: -

Why does the market buying? Objective

Who does the market buying? Organization

What does the market buying? Objects

When does the market buying? Occasions

Where does the market buying? Outlets

How does the market buying? Operations

Along with that there are two more questions that are also related with above. They are: -

How do the buyers characteristics influence the buying behavior?

How does the buyer make purchasing decisions?

These are some of questions that solutions help to predict the buying behavior.

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 CONSUMER BUYING BEHAVIOUR

Understanding consumer buying behaviour begins by understanding the general steps

consumers go through before, during and after the purchase. By understanding each step,
marketers can conduct marketing efforts to encourage customers to gravitate towards a
purchase, and once a purchase has been made, find a satisfaction with their choices.
Stages of the Consumer Buying Pattern:
Problem Recognition (awareness of need),
Information search, Evaluation of Alternatives, Purchase decision, Purchase, Post-Purchase
Evaluation.

CONSUMER
consumer is the one who pays something to consume goods and services produced. As
such, consumers play a vital role in the economic system of a nation. Without
consumer demand, producers would lack one of the key motivations to produce: to sell to
consumers. The consumer also forms part of the chain of distribution.
Ex:- A primary concern for cell phone retailers is the ability of the consumer to understand
and carry out simple directions using the product.
Buying behaviour will be a primary force in determining how this transition will evolve.
Getting closer to the customer in todays highly competitive landscapes essential for the
entire industry and is no longer just a retail issue.
It requires all organizations across the supply chain to work as a single enterprise, sensing
and responding rapidly to consumer demand in a co-ordinate manner. Detailed analysis of the
changing pattern of consumer demand, shopping trends etc

FACTORS INFLUENCING BUYING BEHAVIOUR

the figure on next page explains some of the factors which influence habitual buying behavior.
Consumers buying behavior is influenced by cultural, social, personal and psychological
factors.

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 Buyer Buyer Decision
Marketing Other Stimuli Characteristics Process
Stimuli Cultural Factors Problem Recognition
Product Economical
Social Factors Information Search
Price Technological
Personal Factors Evaluation of
Promotion Political Alternatives
Psychological Factors
Purchase Decision
Place Cultural
Post Purchase
Behaviour
Buyer Decision

Product Choice

Brand Choice

Dealer Choice

Purchase Timing

Purchase Amount

Cultural Factors
Culture is the most fundamental determinant of persons wants and desires.

Subculture includes nationality religion, racial group and the geographic region.

Social Class is the homogeneous and hierarchically ordered members of the interest
and behavior.

Social Factors
Reference Groups consist of all the groups that have a direct or indirect influence on a persons
attitudes and behavior
Primary groups such as friends, family, neighbors and co-workers have a regular
interaction, which is informal in nature. Family members constitute the most influential
primary reference group.

Secondary groups such as religious, professionals and trade union groups tend to be
more formal and require less continuous interaction.

Personal Factors
Age and stage in the life cycle:

- Family life cycle

- Psychological life cycle, divorce, widowhood, remarriage

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 - Occupation and economic circumstances

Lifestyle

- Lifestyle is defined as a persons pattern of living in the world as expressed in

activities, interest and opinions

- Psychographics is the science of measuring and categorizing consumer lifestyles.

VALS is the most popular classification based on psychographic elements

Personality is the distinguishing psychological characteristics of a person that lead to

relatively consistent and enduring responses to environment.

Self-concept is how he views himself. Ideal self-concept is how he would like to view
himself and others self-concept is how he thinks others see him.

Psychological Factors
Motivation: There are different types of motivational needs for a person:

- Biogenic which arise from physiological states of tension such as hunger, thirst and
discomfort

- Psychogenic which arise from psychological states of tension such as need for
recognition, esteem or belongings. A need becomes a motive when it is aroused to
a sufficient level of intensity. A motive is a need that is sufficiency pressing to drive
the person to act.

Perception is the process by which an individual selects, organizes and interprets

information to create a meaningful picture of the world. How a motivated person
actually acts is influenced by his perception of the situation.

Learning involves changes in an individuals behavior arising from experience.

Factors that affect Behaviour of consumer towards product

AWARENESS : This means to know about the existence of the product in the market. It is
the first stage of the adoption process. The consumers are exposed to the product innovation.
The consumers at this stage are not interested in more information about the product.

PERCEPTION : It is defined as the process by which an individual selects, organizes and

interprets stimuli into a meaningful and coherent of the world. It is how we see the world around
us. Two persons subject to the same stimulus under the same conditions will react differently.
A stimulus is any unit of input to any of the senses. The study of perception is largely the study

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of what we subconsciously add to or subtract from raw sensory to produce our own private
picture of the world.

ATTITUDE : In simple dictionary meaning attitude; means a way of thinking is a learned

predisposition to behave in a consistently favorable or unfavorable way with respect to a given
object. Attitudes are learned may be because of a previous experience with the product,
information acquired from others, and exposure to mass media. Attitudes are not permanent,
they do change over a period of time.

ROLE OF LAWYERS IN FILING OF CASES:-

A lawsuit is a means of compelling someone who has harmed you, in violation of the law, to
compensate you monetarily for damages you have suffered. Because taking an issue to the
courts can cost both parties a great deal of time and money, filing a lawsuit should only be
considered if you have a legitimate dispute that cannot be solved by other means. In some
situations, however, filing a lawsuit is truly the best course of action. If you've been wronged
and are ready to sue the other party, here's what you need to know to get started.
Section 32 of the Advocates Act clearly mentions, the court may allow any person to
appear before it even if he is not an advocate. Therefore, one gets the statutory right to defend
ones own case through Advocate Act in India. This rule is subject to certain exceptions.

Article 19 of the Constitution of India guarantees certain freedoms to the citizens

of this country which includes right to practise any profession or to carry on any
occupation, trade or business. It, therefore, naturally follows that the right to
practise law, which is a profession, is a fundamental right that is conferred upon all
citizens of this country.

Therefore, it can be said that the person has right to appear in any court in
India. There are exceptions based on general rules that are only regulatory in
nature and the main purpose is to impose reasonable restrictions in the interest of
general public.

Every court has their rules which serve as a guideline for procedure implementation and these
rules also talks about contending case without an advocate.

Rules are regulatory provisions and do not impose a prohibition on the practice
of law.

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 These Rules prescribe that a person who is not an advocate in the High Court is
obligated to file an appointment along with a local advocate. There is no absolute
bar to appear.

In fact, with the leave of the Court, a non-advocate is still permitted to appear
even without a local advocate. Also, an advocate who is not on the roll of
advocates in the High Court can appear along with a local advocate.

Alternatively, even without fulfilling this requirement, an advocate who is not on

the rolls of advocates in the High Court can move an application before the Court
seeking leave to appear without even a local advocate and in appropriate cases,
such a permission can be granted.

Provision for Fighting Ones Own Case as per The Provision of Civil Procedure Code:-

Order rule 1 of Civil Procedure Code:

Any application, appearance or act in court can be made by the following-

1. The party in person, that is a party involved in a case.

2. Any recognized agent of such part.
3. By a pleader, appearing, acting, applying on his behalf.
4. This rule is as per courts discretion.

The rules laid down are general rules and consider the appearing person not as a man but as a
party in the suit. Agents, as mentioned in point number two, can only apply and not plead.

Power of attorney holder: An attorney holder is empowered to act on behalf of the

principal.
Few Courts where It is Compulsory to Fight Your Own Case and No Advocates are Allowed
Rule 37 of the Family Court (Rules) 1988 empowers the Court to permit the parties to be
represented by a lawyer in Court.

While interpreting section 13 of the Family Courts Act, 1984 and Rule 37 of the Family
(Court) Rules, 1988, in LalaMahadeo Joshi v. DrMahadeoSitaram Joshi, a Division Bench of
this Court held that section 13 of the Family Courts Act, 1984 does not prescribe a total bar
to represent by a legal practitioner which would itself be unconstitutional.

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Arbitration and Conciliation Act, 1996 contains no provision which bars the representation
of the parties by a legal practitioner. On the other hand, there is an indication in the Explanation
to sub-section (8) to section 31 suggesting that appearance by lawyers is permitted.

There are several reasons why people represent themselves without a lawyer:
In criminal cases, if you cannot afford a lawyer, the court will appoint a lawyer for
you, like a public defender. But in civil cases, you do not have the right to a court-
appointed lawyer so, if you cannot afford your own lawyer, you have to represent
yourself.
Some people choose to represent themselves even if they could pay a lawyer because
they feel they can handle the case on their own.
In small claims cases, you are not allowed to have a lawyer, so everyone in small
claims court is representing himself or herself.

You may need a lawyer if

You have a complicated case or a case that may become complicated (but keep in
mind you may not always realize a case is or could be complicated without talking to
a lawyer).
You want legal advice.
You want to discuss strategies for your case, like where to file your lawsuit, whether
to file a response, whether to ask for a jury, and many other decisions that will come
up during the case.
You want a confidential attorney-client relationship.
You are worried that the other side will not play fair (a lawyer is more likely to
notice this and know what to do).
You are going to have a jury trial, and there are complicated decisions to make, from
choosing a jury to knowing how to present a case to a jury most effectively.
You are too close emotionally to the case and have a hard time seeing things
objectively.

You may not need a lawyer if...

Your case is straightforward and there is no opposing side (like in a petition to change
your name) or the other side and you are in agreement about everything (like an
uncontested stepparent adoption or a guardianship of a child where everyone agrees).
You understand all your options and can make informed choices about your case.
You are willing to learn and understand the law and the rules and procedures that
apply to our case.
You can spend time to prepare your case.
You can follow written instructions and work on your own.

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 BENEFITS OF HAVING A LAWYER:-
Not every legal matter requires the use of an attorney. Fighting a speeding ticket and going to small
claims courts are two examples. However, in many other situations involving a legal dispute,
challenge, or deal, you may not wish to chance the risks of going it alone without the advice of an
experienced lawyer who can help you out. In fact, while good legal representation may not be cheap,
it can help get you out of a number of sticky situations - such as a bad divorce, lost job, or DUI
violation - not to mention the potential alternatives for not using an attorney -- including broken
agreements, lost claims, or worse, jail time.

The law is complicated. If you are not a lawyer you probably have no business acting like one
in certain instances. Even experienced lawyers typically do not represent themselves in court.
A solid case can quickly unravel without the help of a trained and emotionally detached
attorney. Similarly, failing to hire a lawyer when starting a business, reviewing a contract or
embarking on other endeavors with potential legal ramifications can result in otherwise
avoidable pitfalls.
Not having a lawyer may actually cost you more. What is at stake? A criminal case may
determine whether or not you spend time behind bars, while a civil case could hurt you
financially. Besides, many civil attorneys don't collect a dime unless they win your case.
Also, you may be able to claim legal fees as a plaintiff in a civil case, so hiring a lawyer can
actually save or make you money.
Lawyers know how to challenge (and sometimes suppress) evidence. You may not even know
that a key piece of evidence against you was improperly obtained or that the testimony of a
witness contradicts an earlier statement. And did the crime lab properly handle the evidence
every step of the way? Your attorney will find out.
Attorneys understand how to properly file court documents and handle other legal procedures.
If you're not an attorney, you may struggle with the deadlines and protocol for properly filling
out and filing certain legal documents. One late or incorrect filing could derail your case,
delay a given legal procedure or worse - have the case thrown out altogether (and not in your
favor).
Because you don't know any expert witnesses or private detectives. Attorneys depend on an
extended network of professionals to help their clients' cases. Most non-attorneys do not
personally know the types of professionals who can help with discovery or challenge
evidence or testimony by the opposing party.
You're not sure how to plead -- or what a 'pleading' is? Pleading guilty is not the only choice,
even if there is evidence pointing directly at you. An attorney who understands the law will be
best situated to explain your options and can help you avoid potentially severe penalties even
before a criminal trial begins.
Because it is probably better to avoid problems in the first place rather than try to fix them
once they arise. You may have heard the saying "an ounce of prevention is worth a pound of
cure?" Well, hiring a lawyer in many instances will help you avoid potential legal headaches
down the road. Do you really understand the fine print of that contract you are signing? A
lawyer will.
A good lawyer can strike up a good settlement offer or plea bargain, if necessary. An
experienced lawyer probably has seen cases similar to yours or at least knows enough to make
a calculated guess about how it might resolve at trial. Sometimes a settlement is the best
choice, while other times it makes more sense to see your case through to trial. An attorney
also can help negotiate a fair settlement with the opposing party.
The other party has legal representation. Non-attorneys are generally at a disadvantage when
squaring off against opposing counsel or doing business with another party that has legal
counsel. As explained above, the law is complicated and an attorney representing your

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 adversary (or even a non-adversarial party entering into a legal agreement with you) will take
advantage of this inequity.
Lawyers often provide a free initial consultation. Since many attorneys will meet with you for
free during a face-to-face consultation, there is really no harm in talking with one. Not only
will a free consultation give you an idea of the type of case you have, it will help you decide
whether you actually need to hire a lawyer.

ANALYSIS AND FINDINGS:-

Survey was conducted on the project topic with the title filing of cases, and it was conducted
on normal people. In survey, age group of 18 to 25 years old was in majority, and age group
of above 45 was in minority. Out of which 1/4 were students, 1/3 were employed and rest
were unemployed.

Though the survey it was found that most people prefer to file the case with the help of a
lawyer. And it was also found on further study that those who have said no, have a great
knowledge about law and also they also constitute a large part in unemployed section. And a
majority of them do not found lawyers cost effective.

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When Consumer why prefer lawyers , it was found that because of there knowledge about
law and they can gather witness and they are familiar with court and its procedure and they
are a value of money.
It was also found that fame is the least affecting factor for choosing a lawyer which is due to
the reason the reason that lawyers who are quite famous charge a lump sum amount of
money.it was ironic that consumer do not found lawyers a lot of trustworthy. It was de to the
reason that they do everything for money.

It was found that a majority do not found lawyers cost effective. Only about 1/3 found
lawyers cost effective and for others it was a maybe as it was accordingly with the work done
by the lawyer.

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On asking about rate of success, lawyers won. About half of the people were think that
chance of winning was greater with lawyers. About 1/5 think that chance of winning is
greater with law firm.
Lawyers were having a share as people believe that lawyer work for them specifically and
law firm take their case as a side project with their other projects.
Those who choose not to appoint a lawyer for filing of cases were inclined towards
themselves with chance of winning. And for some it was a equal as it is based on the
unbiased system of law and judiciary.

When cases requires specialisation like that of muslim law, hindu law, tax law and more, it
was found that it will affect their choice of choosing a lawyer or not. Very few were fixed
with thought that even specialisation cannot change their choice. And other remained in
confusion about it.

Fee was found to be a very effective measure in consuming buying behaviour of people.
Majority was agree with the fact that fee decides that which lawyer they have to go, and even
they have to go or not.

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When asked what their friends do when they have to file a case. It was found that they prefer
to go with the lawyers. And others go with their colleagues, or agents or just all by
themselves.
Hence it was clear that most of the people prefer to go with lawyers when there is a filing of
case.

When asked about that the court where they are filing the case affect their choice i.e. civil
court, consumer court, district court, high court, supreme court . It was found that it have a
major effect in their choice.

It was found that majority believes that lawyers plays a vital role in filing of the cases. Other
were in confusion and very few were believes that lawyers do not play any important role in
filing of cases.

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When it was asked why they go to lawyer for filing cases.
Main reasons were that they have lack knowledge, experience and time.
Defendant accusation and lawyers on the other side was found least affective reason as it is
expected and all the other reasons were having equal affect.

Amount of compensation was also found to be a factor which affects the choice as when amount is
low people do not want to spend money on lawyer as then they will be left with nothing.

People want to mainly use lawyers for quick trials and for settlements as they cannot do it because of
lack of experience but pleading was leasyt affective factor as people thinks that they can represent ann
plead themselves in the court.

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When asked about what qualities lawyers should have, the most demanding quality was of good
communication skill. High rate of success, reaserach skills and confidentiality were about the same.

When people were given chance to have legal assistance via a loyal knowledgeable lawyer free of
cost , majority said yes for it.

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 SUGGESTIONS:-

Consumer should look on the following factors before deciding that whom they should
concern for filing the case:-
They should take legal advice before filing the suit and should also take legal assistance
while filing the suit. Some cases are fairly simple and can be handled without a lawyer.
Others involve complicated procedures and legal issues that require the training of a lawyer.
What type of case you have that whether you have knowledge of it or not.
Try to solve cases without going to court, try to solve it outside the court.
Again, sometimes a lawyer will talk to you about your case for just a small fee, even if you
do not have enough money to hire the lawyer to go to court with you. You can also see if you
are eligible for free legal assistance by applying for help from Legal Aid. Legal Aid
advocates cant go to court with everyone that qualifies for help, but we try to give
information and advice to everyone who qualifies. Or you can try these other legal resources.
If the case will provide you very small amount of compensation then you should no go with a
lawyer until case is very important for you or your business.
What lawyers should do?
They should target for providing satisfaction to their consumers.
They should provide fair fee to the consumer and work hard so that he can show interest in
his case which will provide satisfaction to the consumers.

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 CONCLUSION

It is concluded that role of lawyers in filing of cases greatly influence consumer buying
behaviour of consumers as they believe in lawyer that with him their chance of success is
higher. People are inclined to prefer lawyers in filing any case because they have lack
knowledge, experience and time.
People are used to file their own suit when it is fairly simple anf there are some laws in which legal
assistance is not provided hence people have to file their own cases which reduces the reliability on
lawyers that people are totally depend on them. So a number of people file their own cases and they
do not take any legal assistance.
Since advocate act of 1961 has provided that any person can fight his own case, people are seeking to
fight their own case to save money, and have full satisfaction and peace.
People who appoints lawyers are affected by different factors like his fee, fame, specialised in a field,
influence in court, knowledge and others. After consulting different lawyers, they choose one with
them they are most satisfactory.

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BIBLIOGRAPHY

Websites

Google forms

www.livelaw.com

www.lexlaw.org

www.legalservices.com

Books

Principals of Management, Meenakshi gupta

Management, Bhat kumar

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