Success in Litigation: Does it come easy?
Being a lawyer isn't just about carrying a tag, it's so much more. It's about patience, hard work, long working hours and more.
Right from the start of your career till the end, there are certain things that if done right, can lead to a life a happy lawman
Guiding your way:
Aruneshwar Gupta
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Senior Advocate, Supreme Court, and previous Advocate on Record and Addl. Advocate General for State of Rajasthan, he is the President of Law Consults
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He was also the chief architect of Sports Act enacted by State of Rajasthan amongst other great accomplishments
Step by step guide towards success
I. Follow these 10 Mantras to make the most of your initial years
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Be in the chamber, office, or court from 9 am to 9 pm, keeping Friday evenings off. Never leave the office without preparing the cases listed for the next day.
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Observe how seniors hold conferences with client and advocates prepare the brief, drafts or settle pleadings and make their oral submissions.
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Observe how the judges accept or disagree with the arguments and make their observation in court. Learn to think like a judge.
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Carefully analyze the judgment, when delivered and understand how the judge had appreciated the arguments of both the sides and made findings on each issue.
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Continue to absorb as much as possible from the seniors and the court, talk to them. Hear and learn from their experiences.
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Never enter the court without being thoroughly prepared with the matter listed in the court.
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Never leave the court till your matter is over.
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Always be updated with the judgments of the Supreme Court daily. Maintain your notes register and remember the citation. It gives you a cutting edge and makes your contribution to a senior meaningful.
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While waiting for your case to come up, don’t stand in the corridors gossiping, that you can do after you have put in twenty years. Sit in the court and carefully follow the proceedings in the case being heard. Learn about judges’ perception, the way the propositions are being considered, and the nature of existing and new litigation.
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Read biographies of judges, advocates and other books
II. Building a rapport with the judges
If you tell the judges the true and correct facts and the existing judgments on the issue and how justice can be done between the parties, judges are always ready to accept your submissions and in the process, they also develop confidence in your integrity, which to my mind is the greatest treasure that one can earn in life.
III. Follow these 11 steps for a promising future as a lawyer
The career starts where college ends and with the existing legal education system, a young graduate will have to develop meaningful skills to make an effective foothold in the profession. Apart from what has been stated above, all students must remember and understand:
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Nobody likes to visit an advocate unless it becomes imperative. Every client that comes to you knows the facts of his case and the injury that he is suffering. He needs the help of an advocate to get respite and relief.
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Listen carefully to the clients’ problems and issues. Never presume facts, always keep your mind and options open.
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Always prepare your drafts after reading each document and carrying out complete research on statutes and judgments on the subject. Be ready with judgments on both sides – for and against.
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Learn to use your intellect and skills to the work in hand as it comes to you.
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Every advocate around you has her/his career, aptitude, attitude, attributes, and approach. Don’t copy anybody, imitation is suicide.
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Never place incorrect facts or mislead the court because in the end the true and correct facts will always come before the court. Never lose the trust of the judge, don’t allow him to black you out. Once a judge stops believing in you, he will not grant you discretionary reliefs and that is very painful.
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Never be discourteous or show your tantrums in court. There is always an appeal to a higher court.
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Always dress properly, presentation is very important.
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There are no short cuts in the profession. Don’t try to rush through the profession, move forward step by step.
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You must love reading, writing, thinking, and open analysis. If you don’t have those potentials don’t spend your time in this profession.
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Enjoy your vacation time. Get out of town and be with your family. Enjoy every bit of your personal and professional life.
In the end,
Feel proud to be an advocate. From the time a child is conceived till the succession certificate of her/his properties is issued, legal issues are affecting every person. There will always be abrasions in society, advocates will always be needed, there is no shortage of work, but there is certainly a dearth of good professional advocates. The most difficult, but the most important thing is to think and that is what you are paid for. Read, think, analyze, and express clearly and correctly.
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People will continue to come to you for opinion, advice, and engage you as a professional. Perform your best in every case by understanding the facts, the issue, the social evil underlying it, understand the applicable statute, know, and find the right precedents supporting your case.
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Law is the most dignified profession and is dynamic. It evolves slowly and you not only grow with it, but it grows into you. It helps you to grow into a better human being as you continue to search for truth and help judges to do justice between the parties.
In the profession we deal with abrasions of the society, so you will always be dealing with violence, exploitation, illegalities, breaches, manipulation, and mechanization. All that should not be a deterrence, but a motivation to perform better and work to your perfection and enjoy the bliss of your existence. Only a happy advocate can perform best.
Always be a happy advocate.