Lex Aquila

28/03/2024

Art of Advocacy

Make it simple.

When you have complicated facts, complicated data, voluminous documents,make it simple to understand.
Wherever possible put your data in tabular form. Wherever possible make a concise note. Make a list of dates and a short synopsis.
The whole idea is not to overwhelm the judge by the volume. If the judge thinks that this will take long time, there is a possibility of an attempt to push it forward. Not because the judge is lazy but the analogy of thought that within this time I'll be able to dispose other 10 cases is tempting. But if you are able to convince that despite the volume, complications the same can be done in limited time then you are calming the judge and helping him overcome the overwhelming anxiety caused by the sheer volume of matter.
Also know time is the essence even for the client in such complicated voluminous matters. This client too deserves a hearing and it becomes our duty to create such a possibility.

So put in some effort in your office and make it as concise as possible.

06/01/2024

Art of Advocacy

You argue your case and rest it. The opponent deals a fatal blow with a citation, where the law is interpreted against you.

What do you do?

Well first see if you can distinguish the case on facts. If you can, then point out that distinguishing fact, argue that the law is interpreted so in the facts and circumstances of that case.

If you can't distinguish it on facts, then try to find if there is some judgement / provision that has not been considered in the citation relied upon. Then try to argue Per Incuriam.

If not that, then try to interpret the legal provision itself in light of the facts of your case, trying to convince the judge to differ from the cited caselaw.

And lastly if none of this is possible, then give up gracefully and rest your case. Know that you have done your best.

However, you can do all or any of the above if you are first prepared on law. If you have studied even those caselaws that are against you, you can always find a way around.

Art of Advocacy You argue your case and rest it. The opponent deals a fatal blow with a citation, where the law is interpreted against you. What do you do?…

05/11/2023

Lex Aquila today takes one more step, a step big enough to be a leap.
Today marks the day when you witness the achievement of women power. The Lex Aquila family now has it's official Consultation, Mediation, Pre Litigation Mediation, Counselling Centre in brand new premises.
The only, all women law firm shows again there's nothing that women once determined can't achieve. These premises was a dream that was seen 15 years back. It gives us immense happiness that many blessings stand behind us in this journey.
This was a day of celebration, of flowers, fragrance, good will, friends, family, loved ones, blessings, good wishes that will stand behind us for long long time to come.
Our second address now is; A117, High Court Advocates Association Chambers, High Court Premises Chatrapati Sambhajinagar.

12/10/2023

Art of advocacy...

It's not only about being ready with your file. It's also not only about knowing your law right.
It's about knowing your opponent. And by knowing I mean, knowing the way your opponent will think. Knowing the way your opponent will react in a particular situation. Knowing the way your opponent will prepare. Knowing the way your opponent will deal with the facts at hand. Knowing the way your opponent will try to attack your strategy.
It's only then you are prepared to face the face off. It's only then you know how to handle your opponent.

11/09/2023

The art of advocacy...

Never ever ever lie to the court. If you have something that is against you that can substantially damage your case. Own it, mention it yourself and try to give a plausible explanation for it, either of fact or of law. But don't try to bury it, because the other side is going to bring it up anyway. You just can't run away from it. So as well own it, explain it. That way you have taken away the sting, and the damaging power of the opponent's weapon.

What do you gain?
1) You have already explained even before the other side has used it against you.
2) You have increased your chances of winning by at least 50%.
3) You have earned a reputation of being a fair counsel. The judge will always remember it and will trust your words, knowing that you will never mislead.

The art of advocacy... Never ever ever lie to the court. If you have something that is against you that can substantially damage your case. Own it, mention it…

05/09/2023

The art of advocacy...

It is said keep your friends close but keep your enemies closer. Well know your case thoroughly but know your opponents case more than him. It's only then can you take advantage of his flaws and demolish his case.

Don't give up on a citation because it's against you, instead read it to the end, only then will you find a way to distinguish it, and show how it cannot be applied to your case.

28/08/2023

The art of advocacy.

It's not all in the court hall. It's not all at the time you argue. It begins much before.

Always file your application, reply, documents before the court in advance, so the judge has the advantage of reading them before hand. Always serve a copy on the other side lawyer/ client in advance.

A document tendered in court at the last moment doesn't earn you brownie points, it can only earn you an adjournment, and sometimes displeasure of the judge.

19/08/2023

The art of advocacy.

In litigation practice, we are conditioned for winning. While winning a case is absolutely wonderful, sometimes while keeping our eye on the prize we tend to lose sight of the red flags along the way.

So it's about keeping your senses alert when you are on the verge of losing it all. It's then at that moment you need to think of a way to not let the door get closed. To think how you can manage to at least have a window open to jump in the waters again. It's ok to suffer a setback as against losing it all.

As the famous Hindi saying goes, " बचेंगे तो और भी लड़ेंगे।"

14/08/2023

"Yuvak Kranti"

I've been associated with Yuvak Kranti now for nearly 22 years. Over this long association I've worked for it in various capacities sometimes in the planning, sometimes in distribution, sometimes in finance but most importantly, and the role I've enjoyed the most was and still is that of a writer. Yuvak Kranti gave me that opportunity from time to time allowing me to think, gather and organise my thoughts, and attempt to write the otherwise dry subject of law ( for that's the perception of the general public) in the simplest of forms. It has been a platform that has allowed me to experiment with my own writing skills. It has also given me the opportunity to write and write confidently in languages I've not been very comfortable with, but the result is that of boosting my confidence. Two years back I had the great opportunity to write for a complete year a series on The Indian Constitution. It was an enriching experience for me, because the study that I had to do again for writing those articles (though my Masters specialisation is Constitutional Law) prepared me for handling the job of being a Honorary Faculty at MIT college of engineering for their Audit Course.

Yuvak Kranti started as a monthly magazine for youth development. Is now changing its form. It also has now an increased reader's base. It's now to be published weekly.

I'm fortunate that even now, I'm thought of and made a part of this new journey. I'm fortunately given the opportunity to write a column on law in this weekly with the freedom of choosing my own subject for each writing. I'm blessed and fortunate, an expression of gratitude becomes my duty.

Tomorrow is the first publication of the Weekly Edition of Yuvak Kranti. I'm immensely happy for being a part of this new journey. Please join us tomorrow evening for the inaugural publication and also join me in this weekly journey in the field of law.