2017: Some Big Takeaways

This article summarizes some of my biggest takeaways from 2017. Here’s hoping that some of these pointers would resonate with a few of you, especially the litigators.

1.     Avoid prefacing your response with a “No” when the Judge hearing your case is in a foul mood

I had noticed this same tactic being successfully employed by Mr. Harish Salve, SA during an extremely contentious commercial dispute’s hearing. His quick wit and precise argumentation helped him pull off a great win at a time when the Judges were ready to throw out his case. Extremely impressed by his court-craft, I decided to give it a shot.

During the summer break, I was instructed to appear in a criminal law case. (Date: 11.05.2017, SC Court 5, Item 4) The Court was initially convinced by the opposite side's argument and it then queried me about why the relief should not be granted to them. I was able to lead them to my strongest argument by simply replying “I completely agree with what this Court has observed. There is yet another feature to the dispute and may I request you to consider it” The judges then turned to the page containing my strongest argument and after reviewing my written submission, decided in my favour.

2.     â€˜Mentioning’ is an invaluable skill and can quite often be a game-changer

During my time at the Patna High Court, I heard Justice Navin Sinha observe that "If you want to learn court-room advocacy then start mentioning matters. It is an unparalleled skill to convince the judge about your client's case without him even feeling the need to look at the case papers."

Apart from the skill required, it has a huge positive impact since it often ensures urgent listing for your case. There is no better start for your working equation with a client/solicitor than to ensure that her case is being taken up on a priority basis.

I greatly benefited by successfully mentioning matters during the summer break as my instructing lawyer felt re-assured by my ability to deliver results.

3.     Reading broadens horizons

One of the most significant benefits of reading is that it exposes a reader to a contrarian viewpoint and spurs empathetic behaviour. One of the most important books that I re-read during this year was Sheryl Sandberg’s “Lean In”

This book has offered me enough pointers and tips about small steps that a person can take to ensure greater progress and equality for women at the workplace and home alike.

4.     Academic growth often spurs professional development

Contributions to law reviews tremendously enhance the depth of research and expertise. This is equally true for teaching too and it is extremely beneficial when it comes to niche practice areas such as Sports Law. During 2017, I had the opportunity to deliver some guest lectures and publish a few papers on sports law. I felt that every speaking engagement and each contribution to a law review helped me in catching up with a fast paced sports sector. 

 5. Failures are a part and parcel of professional growth

Till not too long ago, I was extremely hesitant to speak about my failures. I have realized that speaking about failures and owning up to errors are an excellent way to grow.

In 2017, I have failed aplenty. Whether it be losing 5 cases in a single day before the same set of judges at the Supreme Court or whether it be getting a tongue lashing from a senior judge about making a misplaced request for interim relief.

Both these stumbling blocks have been invaluable because I have now become far more attentive in reading my briefs and it has also helped me to revisit my basic lessons when it comes to arguing on the aspect of interim relief.