When an advocate is designated as Senior Advocate, the following changes are soon seen in them.:-

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1) Some become humble..They develop a mentor mindset. They believe that now it is their duty to groom and to mentor other non designated advocates.

2) Some feel that now they have become law student in the true sense. They start reading law reports with the eyes of a student.

3) To some, designation goes to their head. They begin to believe that they are superior advocates than others. The arrogance creeps into their walk, talk and in their submissions to Court.

4) Some become extremely docile. They believe that they have been conferred a designation which they did not earn. The weight of obligation of  judges who granted them designation weighs them down. Instead of making firm submissions to court, they started accepting orders of court as their debts.  They lose interest in studying law reports. They begin to select briefs only for the courtrooms where judges know them personally and are inclined to grant them relief.

5) Most of the designated Senior Advocates lose desire to critically evaluate reported judgements. They observe silence about the judgements which need to be debated by the legal fraternity.

6) Some of them get lost in the jungle of facts of their cases. They can hardly contribute to the expansion of jurisprudence. They seldom read judgements of foreign courts. 

7) Some designated Senior Advocates consider the designation as a vehicle to make easy money.

8) And there are some senior advocates who truly deserve the designation..They think originally. Their mission is to enhance the reputation of the judiciary and to assist judges in doing justice and in laying down correct propositions of law. They keep themselves away from distractions and focus on strengthening the arms of the court..

Within 2 months of their designation as senior advocate, above changes start to become visible to other non designated lawyers.

(copyright) Haresh Raichura 25th March, 2024

#lawyers #lawstudents #interns

Advocates who desire to be designated as Senior Advocate by Supreme Court should frame some Non Negotiable Rules – Some suggestions.

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Every year, the Supreme Court and High Courts are designated some lawyers as senior advocates.

Such designations are given in the name of Chief Justice, but actually, these decisions are taken by the consensus of the Full Court..

If you have tried to mislead any one judge of court, he may report it to full court and designation can be denied..

It is not necessary to impress about your merit to all judges of the court. If you can impress one judge about your merit, he can propose or place your name for consideration to the Chief Justice of the second senior judge.

At least one judge should form an opinion that you deserve to be designated as Senior Advocate.

Advocate practising in District Courts are allowed to apply for Designation, but chances of success of their application are very dim (as per present procedures).

Instead of judging you by your words and submissions, judges try to judge you by your character and your reverence towards the judiciary..

A character is formed when a person begins to follow some non-negotiable rules..

Some examples of Non Negotiable Rules are given below:

1) I will never appear before judges to mention for a date or for an adjournment.

2) Whenever I stand before a judge, I would be fully prepared to argue my case if the judge wants me to start arguments.

3) I will not use delaying techniques when I am likely to lose my case

4) I will not keep repeating my submissions.

5) I will not make a mistake in stating facts to a judge. I will not cite a judgement which is overruled.

6) I will keep myself up to date on law by regularly reading weekly law reports.

7) I will have read biodata of every judge before whom I may have the case.

8) I will show humility to my brother lawyers, senior lawyers and to judges.

9) I will not take cases of persons who have cheated or manipulated the judicial process.

10) I will have fixed fees for work I do. I will not accept fees in cash. I will not take contingent fees based on the outcome of the cases.

11) I will not advise clients to file false cases. I will not advise clients on how they should plead, I will not draft pleadings, I will not advise clients on how to lead evidence. I will follow the norms which senior advocates are supposed to follow. I will not appear in any case with a junior advocate to assist me.. I will not meet a client except in the presence of a junior advocate.

12) At all time, I will mai6n my dignity.

13) From 10 am to 4 pm, I will always be in court rooms. I will meet clients only after 4 pm.

14) I will not be seen gossiping in the court lobby or in the court canteen.

15) I will not be seen in the company of questionable lawyers.

These and similar non-negotiable rules, forms a character.

(copyright) Haresh Raichura 23rd March, 2023

#lawyers #advocates