INAUGURAL FUNCTION OF THE LAUNCH OF
Redefining Legal Practice for Advocates – Generation Next (0–10 Years Practice)**
Continuing Legal Education to Young Lawyers at District Level
Speech on “Essence of Lawyering” by Hon’ble the Chief Justice
15.12.2013 – 10.00 AM
HON’BLE SHRI JUSTICE RAJESH KUMAR AGRAWAL
Vande Mataram
Vanakkam
My Lord the Hon’ble Chief Justice of India, Hon’ble Mr. Justice F.M. Ibrahim Kalifulla, Judge, Supreme Court of India, the President and Board of Governors of the Tamil Nadu State Judicial Academy, my esteemed sister and brother Judges, the learned Advocate General, Presidents and Secretaries of the Bar Associations of the Madras High Court – Principal Bench and Madurai Bench – and of associations across the State, Judicial Officers, Senior Advocates, Advocates, ladies and gentlemen:
A very good morning to you all.
I deem it a privilege to be part of this august gathering. We have assembled here for the launch of the Training Programme on Redefining Legal Practice for Next Generation Advocates. The young lawyers of today will be the future judges and senior advocates, and the entire responsibility of the judiciary will rest upon their shoulders. Therefore, the President and the Board of Governors of the Academy have rightly selected young lawyers as the target trainees.
Friends, once a lawyer, always a lawyer. Treat me also as one of you. Young lawyers have a verEssence of Lawyeringy special place in my heart. It has always been my endeavour to ensure that they get an opportunity to present their case to the fullest, and I encourage them to open the case rather than seek adjournments on the ground of their seniors being busy elsewhere.
All of you have chosen a noble profession to pursue your aims in life. This profession is not a bed of roses. You may treat it as a 110-metre race: if a first-generation lawyer has to run 110 metres to prove himself, the second and third generation lawyers may have to run 100 and 90 metres respectively. All have to run in order to prove themselves. Therefore, to become a good lawyer, all of you must strive hard—especially those who are first-generation lawyers.
Only a good lawyer commands respect from colleagues and from the Bench. You should also believe, as the Father of our Nation Mahatma Gandhi believed, that “what is possible for one is possible for all.” Though there are many time-tested do’s and don’ts for becoming a good lawyer, they have been succinctly stated by the eminent jurist Mr. Fali S. Nariman, Senior Advocate, in his autobiography Before Memory Fades:
- It is better to spend more time thinking about a case than merely reading the brief.
- Let your opinions be honest and responsible. Never begin a suit unless you are satisfied that your client has evidence to substantiate the claim.
- Acquaint yourself with the relevant law, including case law. Good advocacy requires knowing the facts first and then applying the law. Never attempt to force-fit facts into precedents; avoid “case-law diarrhoea.”
- Do not respond to wise-cracks or insults from an irritable opponent. Ignore them. Concentrate on addressing the Court, not the gallery.
- In court, be clear and precise. Answer the Judge’s questions directly; never provide a wrong answer. Seek time if needed.
- Stay updated with reported judgments of the Supreme Court and High Courts.
- When you have two points, argue the weaker point first, then the stronger.
- Keep yourself occupied even when you have no cases; it sharpens your mind.
- Bring relevant decided cases to the attention of the court; never cite overruled cases.
- Understate your case rather than overstate it. Never claim to have a “cast-iron case.”
- Never be too sure of winning. Luck of the client is also a factor.
- Never say, “I have never heard of such a thing,” or “Your Lordship will bear with me.”
- Do not exaggerate facts or law. Avoid rhetoric and unnecessary humour.
- Never advance absurd arguments.
- Leave your anger outside the courtroom.
- Do not quarrel with colleagues; you will spend your professional life with them.
- Never consciously make an incorrect statement in court.
- Do not criticize a Judge off the Bench.
- Do not speak excessively; a verbose lawyer is unpleasant to hear.
- Learn to lose with dignity; only one side can win.
- Do not seek publicity by speaking to the media on cases you appear in.
- Do not complain about limited time allotted for arguments.
- Avoid theatrics; stick to the record.
Friends, it is for you to follow these principles or not. They are not difficult to adopt. Some may believe that the end justifies the means, but that is not so. As Mahatma Gandhi taught, the means must be pure. If you imbibe these values, one day you will certainly be called a good lawyer.
The benefits of being a good lawyer are many. One among them is that a Judge may exercise discretion in your favour when the chances of success are equal or even slightly less. The profession may seem crowded, but remember—there is always room at the top. Always remain optimistic. No dream is too big; dream big, and if you are a good lawyer, you will reach great heights, with no looking back.
I urge all of you to take a leaf out of the life of our Hon’ble Chief Justice of India and observe how the principles and values he imbibed as an Advocate have made not only his family but also the entire legal profession proud.
I thank all of you for giving me the opportunity to share my views.
JAI HIND.
Essence of Lawyering
