2019: Hits and Misses

Over the past couple of years, I have shared my most notable learning experiences. On 01.01.2020, I am summarizing my best lessons of 2019 and hope that some of you find it useful.

1.      The habit of preparing written submissions shall hold you in good stead

It is impossible to imagine advocacy without legal writing and it is necessary to incorporate it into your daily work routine. My colleagues and I have developed a habit of preparing written submissions for all our case briefs. These case notes have helped us in developing new arguments and also helped in deconstructing the opposite side’s case.

Another added benefit of this is that it has helped us in advancing crisp arguments that can immediately resonate with a judge. This habit has helped us in not only securing relief but has also helped us in persuading judges to mould relief while they are deciding against our clients.

In April 2019, I had an extremely difficult case to argue and I had prepared a two page note with elaborately researched legal propositions. While the judge decided against my client but he made it a point to cull out my written submissions in his judgment and also went on to appreciate my assistance to him. This case has since been reported as Sunaina Devi Smarak Shikshan Prashikshan Sansthan v. National Council for Teacher Education & Anr, 2019 (175) DRJ 194.

2.      Young team members should be treated as colleagues and not described as juniors

One of the worst practices among a large portion of the Indian Bar is to offer pittance as stipendiary allowances/salaries to young lawyers. While there may have been a historical backdrop to this, I believe that the continuance of this tradition does not help in nurturing young talent.

I have noticed that several Senior Advocates and older lawyers just do not offer any kind of recognition to their chamber colleagues. Not only is this counter-productive in the long run because it stunts the efforts of building a strong bar but it is crushing for a young lawyer’s confidence when (s)he remains nameless and quite often faceless too.

While there is no denying that all of us including myself can do much more to change this but small steps can be easily be undertaken by all of us. For the past several years, I have made it a point to describe my team members as colleagues and not as juniors. This has helped us in building greater camaraderie at the office space and in 2019; it has helped me tremendously as my younger colleagues have filled up for me on many occasions in a courtroom while I have been caught up elsewhere.  

3.      Being fair to the court and transparent with your argumentation is bound to enhance the quality of your advocacy and help in effective justice delivery

It requires a mind-set change to think of a case as not a win or a loss equation but as an opportunity to assist the court in arriving at the correct conclusion. I do not think that I have reached that stage wherein I see this opportunity in every brief that I hold but it is definitely a skill that I am seeking to acquire.

In 2019, atleast on two occasions I have cited decisions within my knowledge that are directly adverse to the proposition of law that I am arguing. On both these occasions, I have lost the case but on both these occasions the presiding judge has made it a point to commend me for having the courage to do this.

During a bail hearing before the Supreme Court, I was arguing for the Prosecution and was fiercely opposing the grant of bail to an undertrial prisoner. After I had finished arguing the bail plea, I placed a decision passed by another bench of the Supreme Court which had granted bail in nearly identical circumstances. Ultimately on the basis of this adverse precedent, the Supreme Court offered relief to the opposite side but I still count that case hearing as a massive win in my career because Justice Chandrachud went on to state in open court “What you have done is exactly what we hope every lawyer in this court shall do when it comes to assisting us in criminal matters”

The decision is an unreported case and can be accessed as Ramnath Rai v. The State of Bihar, Criminal Appeal No. 1760/2019. I have never felt more humbled and more satisfied after a case hearing.