How to be a Successful Lawyer?

How to be a Successful Lawyer?

Now-a-days it is often said that the legal profession has no future. It is overcrowded and usually those persons join this profession who do not get other job. But this view is not correct in relation to the persons who join this profession keeping in mind that they are to devote their whole time to this profession. For a person who is hard working and devoted to law has a bright future.

When a person after getting the degree of bachelor of law enters into the legal profession finds the giants in the profession having vast experience as his competitiors and becomes nervous. In such conditions he should always remember that the hard-work, devotion and good dealing with the client and Judges will enable him to compete with the senior lawyers having vast experience and good reputation. He should give full attention to his profession. He should see how the senior advocates conduct the cases. The class-room study, no doubt, provides theoratical knowledge of the law and a good background for the legal profession, but for success in the legal profession a careful observation of the proceedings in the Court is necessary. The experience will enable him to understand not only the law but also the nature of Judges and citation of relevant rulings and also the art of convincing the Judges by his arguments. Hon'ble Gopalji Mehrotra, CJ. (retired) has said:

               

"The understanding of the Judge is itself a part of advocacy. A Judge is a human being and every judge has his own individual approach to a case. An experienced lawyer understands him and that understanding can be acquired by a junior only by experience and constant effort.

Actually good commond over the language, good voice, good power of expression, good knowledge of the law, good common sense, good presence of wind and good health all help a lawyer to become a successful lawyer. In addition, the control over the temper is also necessary for becoming a popular and successful lawyer.

Hon'ble Chief Justice V.G. Oak' has said that having mastered the facts, the advocate has to address himself to question of law. Not only the advocate has to keep ready the decisions which support him but he has also to study

the authorities that his adversary is likely to cite. Many statutes have been amended from time to time, the lawyers must be acquainted with the latest amendments. It is tisky to refer to old editions of books or statute-law. The advocate has to present the case of his client in the best light and thereby help the Court to arrive at the correct decision. He is written his right in stressing the points which are in his client's favour. But the advocate must not mislead the Court on questions of fact. The maxim "Everything is fair in love and war is not applicable to law courts

In this article, The Art of Winning Cases' Justice Ram Labhaya has sted that methodical preparation of the case is the most essential perquisite for success. It is indispensable for the proper presentation of the case. Facts have to be mastered knowledge of facts generates confidence which of great assistance in carrying conviction. After a clear, chronological precise and brief statement of facts, the next important step in presentation is a clear statement of the points in controversy in logical sequence, so that it is possible to proceed from step, each step forming a link in the chain of argument." Relerence to the relevant provisions of the statute must necessarily precede the discussion of authorities and precedents. It has been made clear that the Courts generally do not feel satisfied with the decisions in interpreting the statute till the relevant provisions of the statute are fully and properly oamined. It is best to begin with them, to interpret the language of the statute as it stands, giving all reasons including those gathered from decided, cases in support of interpretation sought to be placed on them. Resort to case law should normally be the last step in the process of argument. One necessary condition of the use of procedent is that before they are cited, they should be digested

Citation of cases is also an art and plays important role in winning the case. A lawyer should know all the relevant cases on the points involved in the case. He must keep in mind the past decisions, the law laid down in the cases and also the facts on which the law has been laid down. A lawyer should always keep in mind that his opponent way cite the precedent in favour of his client and therefore he should always be prepared to face such a situation and he can meet such a situation successfully, if he himself knows fully the precedent on the issues involved in the case.

"The best manner of citing a case in Court is for the advocate to read the case first outside the Court, to digest it and then to pick out the most relevant and essential passages from that report and finally to place the selected passages before the judge that procedure not only avoids unnecessary waste of time but also heightens the effect of the citation. It is best for the advocate to assimilate the precedents in his own chambers first before citing them in Court.

If a judgment in a case cited is criticised, the advocate must remember that the criticism should be of judgment or reasons for the decisions and it should not be of the judge conduct or it should not amount for casting aspersions on the integrity faimess or ability of the judge. An advocate is required to know not only as to how a case should be cited but also as to how a case should be criticised. In the words of Justice PB. Mukharji:

"Criticism of the judgment in a reported case always acquires greater dignity when such criticism is not personal and derogatory to the Court which decided it. Such criticism should always be based on the merit of the decision quoted by impeaching its reasons, by assailing its logic and by distinguishing its facts and law."

The precedent, thus, no doubt, play important role in winning the case but it should be cited after stating and explaining the relevant statutory provisions. It is better to state and explain the relevant statutory provisions and thereafter give reasons including the judicial decisions in support of the interpretation adopted. The full report of the case should be thoroughly studied to get the principles of law laid down in the case.

For success in the legal profession an Lawyer should have acquaintance with the human nature, human motives and human mind. He should be able to understand the judge and his nature. He should try to win the confidence of the judge. For this purpose, he should behave decently and should never attempt to misguide the Court. He should create an impression in the mind of the judge that he is assisting the Court in arriving at the correct decision and not merely trying to win the case in any manner and at any cost.

According to Justice Raj Kishore Prasad an advocate should be honest and a man of integrity and character. An advocate who is straightforward and is possessed of these three jewels is appreciated by the Court and the client alike. An advocate should have patience and preservance. These are included in the equipment of an advocate. Besides, an advocate should be well equipped in legal bearing. An advocate should never to be anything for granjed but examine it and satisfy himself what is or is not. He should study the law and not merely read it. An advocate should have general education. He should have full acquiantance with history, with economics and with other sociological sciences. His general ability and knowledge of international law also should be up to date. In addition to there, an advocate should possess tenacious memory, keep himself in touch with the growth of the law by reading the current law reports and use legal phraseology in legal parlance."

Mannersim also plays important role in success in the legal profession. On this point Mr. Justice Raj Kishore Prasad" has observed

"More important than intellectual equipment is moral equipment. An advocate is always expected to maintain calmes and self-possession and a pleasant humour. He should be respectful to the Court. He owes this duty not for the sake of the temporary incumbent of the judicial office but for the maintenance of its supreme importance. He can be a defential without being object and independent and fearless while being respectful.

He should never interrupt the judge when he speaks but should wait for the judge to compete his statement. He should take time to consider the question put by the judge to him in all aspects and then give reply. A hurried reply may lead him into a trap.

An advocate should neither argue when he is not called upon to argue, nor continue his arguments when the Judge is in his favour and is not anxious to hear move from him.

An advocate should not lose balance of temper, if the judge does not react as he expects.