It is not rocket science, but every profession or trade has some nuts and bolts - different for different occupations. So how do we find them? On our own, employ some tricks, attain special skills or apply other keys to unlock that inherent potential.
You are courageous when you decide to study law; for many, you are already or will be a first-generation lawyer. As William Somerset Maugham said in his book The Razor's Edge, " What is the good of knowledge if you are not going to do anything with it?"
Therefore, success comes to courageous people; you are one of them.
On different professional platforms, the law aspirants keep tossing questions which are often rhetoric and repetitive, receiving either cryptic answers or ignored, compounding the confusion.
So, here is an attempt to answer a few FAQs in this series and more in the next, and if you have any, put them in the comments section.
Btw, if you are not a member of this community,
1. As a student or a fresh Advocate, everybody tells me to visit different courts. How should I plan my visit?
Ans: Once you understand the hierarchy of Courts from CPC & Cr PC start with Magistrate Courts, followed by the Sessions and the High Court. Magisterial Courts are situated in a metropolitan city per their [Police] jurisdiction, but in a few cities, they are in one single complex. Generally, the preliminary hearings are held in the morning, and the afternoons are fixed for trial matters though each Court decides its schedule. Therefore, try to be in any Court to understand preliminary proceedings well before their start time. Then, once you have visited two or three courts, you will know how the system works or does not work [pun intended].
For Civil matters, you can either start directly from the High Court or City Civil/District Courts. In Civil Courts, first in the morning, one can mention urgent petitions, seek an adjournment and in some cases hearing also takes place for granting ad-interim or interim reliefs. Then, depending upon the assignment of Judges, the afternoon session is laid out by the concerned Courts to hear part-heard matters or leading of evidence, examination of witnesses and trial.
2. What should I read and acquaint myself with before I visit any courts?
Ans: Browse through High Court Rules, understand the jurisdictions of High Courts, Civil and Criminal Courts, and explore their respective websites. Dig deeper and deeper, read judges' profiles, assignments that change more frequently, and their recent orders and judgments. Then, a day before the intended visit, access the cause list of such courts, find the kind of cases listed for hearing, before which Judge/Judges and for what reason. Mind you, the courtroom numbers are tricky to find, considering the levels a court building has, and the elevators may not always be accessible, so prepare to climb staircases.
In criminal or Civil Courts, one may not know the subject matter of each case, from the cause list, except the numbering of cases. But once you are there, you will get the hang of it.
While all of the above, you will be able to surmount, more importantly, you should be able to locate clean restrooms/washrooms nearby. Probably, at some good Mall, restaurant or coffee shop, the ones in and around courts are just pathetic.
3. Having explored the website, what my primary focus should be?
Ans: Here you go:
(a) The Cause List will reflect the names of Advocates & Law Firms appearing for the parties. It will give you an insight into which Advocates, Law Firms, and Senior Counsels are dealing with and what kind of matters.
(b) The names of the parties to the dispute and whether the matters related to arbitration, money and claims, IPR, appeals, maritime, property & estate etc., will naturally generate interest in listening to the proceedings.
(c) If you want to get soaked into the flurry of activity and commotion, be there early in the morning when the Advocates mention the urgency of their matters, seeking adjournments and their body language vis-a-vis the Judges. How do Judges grant relief to some and reject others? School assembly is better, but it is fun to watch nevertheless !!
(d) If matters are argued, note which side of the Party and which Senior Advocate speaks first. Who should address the first is all written in the High Court Rules of Bombay, Calcutta and Madras.
(e) Watch how Advocate/Senior Advocate opens his argument, takes the Judge through the voluminous petitions and related documents, demolishes the opponent's contentions, and responds to the questions/queries shot at them by the Judges, how inclined or dismissive are the Judges of the presentation. Mind you, the Judges generally read all matters beforehand and are well-prepared.
(f) Observe their body language and presentation with gesticulations; some senior advocates also tend to play to the gallery!
(g) Observe proceedings, the orders or judgments that get passed, the balance tilting towards the petitioner or the opponent, marshalling of facts & circumstances and the presentation skills of Advocates. And, if the proceedings get dragged on, Voila! The tired Advocates or the Judges quickly agree to meet on another date.
(h) Observe the difference between the two sets of Advocates regarding their preparation, desperately searching for the documents when queried by judges, the meticulous use of flashcards or a notebook consisting of headnotes etc., or fully prepared to answer any queries or doubts of the Judges. Listen to the Senior Counsels such as Birender Saraf, Virag Tulzapurkar, NH Seerwai, and Rafeeq Dada of Bombay High Court; observe them, even in court corridors interacting with their fellow Advocates, clients or devising a strategy.
(i) Like you and me, the Judges are human beings with their ups & downs and moods. Right? Some days, you will observe them as grumpy or irritating as us and then what happens in the Court. It's fun!
4. Should I work with an Advocate/Senior Advocate or a Law Firm before starting on my own?
It helps if you are put in a Partner/Sr team. Associate of the Firm dealing with litigation instead of just being asked to write articles and research papers for their website. You can learn much from this engagement if you adopt certain tricks and skills.
With individual Advocates? You must do good research/search about them – on the web or through word of mouth. Same with Senior Advocates. Mind you, many workplaces are toxic or exploiting. But then, some are extremely good & accommodative. Also, very few Advocates/Sr. Advocates would give remuneration.
5. Do these Advocates/Senior Advocates or Law Firms pay any remuneration?
A large number of these guys would not pay any remuneration. Law Firms? Sometimes, a small amount or nothing for at least three months, if you are a fresher or with 1 or 2 years of work experience etc., Some firms with that kind of experience would pay anything between 10 to 20 thousand, to begin. The website of some firms clearly states that if one is engaged as an intern for three months, and if the remuneration is paid, the firm will pay only after the completion of three months. This way, you will not leave before that period so that you collect your remuneration. Should we call it exploitation?
6. How can I then start on my own? How difficult is it?
It is slightly more difficult than working with a good law firm unless you master the trade trick. In both scenarios, you must develop a keen interest in what you are doing, master the observation, absorb the knowledge and methods, and gather skills to embellish your understanding of the law, etc.
More in the next. In the meantime,