14/10/2023
The Art of Advocacy, Cross Examination, Thinking/Legal reasoning, Legal Strategy, Impactful Legal Writing. So here goes:
1. Just reading the brief is not enough. YOU HAVE TO THINK ABOUT THE BRIEF. Visualise. Anticipate. Law and legal strategy is all about that. An ideal preparation is the one in which there are no surprises for you, and nothing can unhinge you - while you’re there in the Court.
2. It’s much more than the case file. When you argue a case, you bring to the table your lived experiences, understanding of life, economics, policy, sciences, and - most importantly, human beings. But then all of this comes with age, right? Well, the answer is NOT NECESSARILY!
3. Read. Live vicariously. By reading you can lead multiple lives within the short span of your own life. Stand on the shoulders of giants by conversing with the best minds in history, through books/podcasts. Learn from their mistakes and triumphs. All of that helps you in law.
4. Master the Art of Story telling. Lawyers, through stories, communicate narratives, thoughts and ideas. There's nothing that appeals or persuades as well as a nicely woven story. Remember, on an evolutionary level, we are hard wired to respond favourable to "Once upon a time.."
5. Lead a more examined life. Observe keenly. Listen carefully. Be aware. A lot of learning in law happens through osmosis. Also,never be in a state of willing-suspension-of-disbelief. Be a skeptic (but not a cynic!). This dialectic process or socractic method makes you better
6. If you can’t explain a legal concept or a case to your 14 year old niece, you haven’t understand it well enough. Most judges would be hard pressed for time and would have too much to think about. They'd want it plain and simple. AND AS AN ELEVATOR PITCH! (more on that next).
7. On writing, if you can't SAY IT OUT ALOUD TO A NON-LAWYER FRIEND, without that friend breaking up with you, don't write it! Write simply. There's great beauty in simplicity. When writing, remember, Judges, your readers, seniors, all have limited attention spans & limited time.
8. Develop range. Be a multidisciplinary thinker. Experience life & law in its infinite variety and diversity. As in life, in law - everything is interconnected. As someone wise said, specialisation is for insects. Don’t dig too deep into the trench of specialisation.Have range
9. Being a great lawyer is not about being argumentative. The best kind of fighting is ‘fighting without fighting’ as Bruce Lee puts it. Learn first : WHAT NOT TO SAY. Strategic silences. Observe mistakes made by other counsel (Watch, for instance, Gujarat HC's YouTube channel)
10. Prepare. Prepare. Prepare! How good you are as a lawyer depends on how much you read and prepared the day/night immediately before the matter. Each court performance is an opportunity! Take it seriously. Also, you are as good as your last performance in Court.
Via - Adv Bharat Chugh (Twitter-)
