https://www.santoslawpa.com/civil-litigation.php

It’s finally here!

The need of the hour. The most challenging course we have ever made.

We have just launched a certificate course on civil litigation – one that teaches you the practice, procedure and drafting.

It has been on the cards for about 2 years and has gone through multiple overhauls. We had taken a lot of feedback before locking down on the design.

It was important to get it right – out of the 15 lakh lawyers and the fifty thousand new lawyers joining the profession every year, a majority make their livelihood from civil litigation. Civil litigation is truly at the heart of the legal profession.

From a lawyer’s perspective, if you have the skills, there is no dearth of money in civil litigation. You often deal with large debts, valuable properties, large compensation claims, easements and other important legal rights of people, because people rarely take the trouble of filing civil cases for small issues in India given the high cost and long litigation period.

Companies have expanding litigation bills too. The larger the company, its operations and customers, the larger the likelihood of its facing claims across the country. This means large legal bills too.

For litigators, the challenge is rarely that you can’t find paying clients, but that it’s hard to learn the work and establish yourself as a credible option for such high-value matters. Can clients trust you with a matter that will decide the fate of crores of rupees at stake?

This course is not about memorizing Civil Procedure Code provisions. It is about getting kick-started with real legal work right from the time you graduate.

Instead of building a course full of sections from CPC, Evidence Act, Specific Relief Act, Limitation Act, NI Act and other civil laws, accompanied by case laws (which are easily available today at your fingertips thanks to technology), we have created a practical civil law course that will help you to dive deep into civil litigation and understand how to steer a civil proceeding through different phases.

When we started with the idea, many people said that civil litigation is too vast and cannot be taught. As per their opinion, it has to be learnt through experience, failure, struggle, trial and error.

However, we are willing to challenge the status quo, because we believe something else, something more effective is possible. We understand that the problem is very challenging, and we have put in a lot of work to create something viable.

While we appreciate experience cannot be substituted, we want you to rely on experience in your quest to be wildly successful, to reach the cutting edge, to be an Olympian, a Nani Palkhivala or a Harish Salve, but not for getting your basics right and earning your bread and butter as a lawyer.

Not only will freshers and law students be able to grasp the course, if you work in a commercial law firm or in-house, you will also find it extremely useful. The course covers drafting from the initial stages of filing caveats and plaints to the appeals and revision process, step-by-step litigation flow, argument creation and detailed aspects of filing and procedure.

In simple words, you can not only perform your own work but also review and suitably modify drafts, brief seniors, coordinate with local and other lawyers and supervise their work effectively.

This course is ideal for beginners in civil law and litigation, lawyers who are experienced in other areas of law but want to understand the court process in detail as well as law students. If you are already practicing civil law on-ground for 4-5 years, you probably already know what we are going to teach in this course, through your sheer hard work. However, if you haven’t already gone through this extremely hard phase, this course will make your job easier, faster and enjoyable.

Moreover, the learning is based on our unique methodology of performing exercises and online classrooms with course faculty. You will also receive feedback from the faculty and evaluators on how to improve.

Take a look at the list of exercises below and the course syllabus and you will understand how you can apply it.

What you will learn?

  1. Get exposure to strategic and drafting work in connection with civil cases
  2. Learn how to handle entire process from dealing with notices, temporary injunctions and other interlocutory orders to defending false cases
  3. Learn how to collect evidence for your case and how to present them right
  4. Learn about new and emerging areas in civil law practice
  5. Understand various aspects of client and case management
  6. Get comprehensive practical knowledge of civil law from experienced civil lawyers
  7. Learn how to act on behalf of large corporations in civil matters
  8. Learn how to set up and manage your own civil law practice
  9. Apart from statutory knowledge, develop strategic thinking
  10. Draft various documents, petitions, applications until you are conversant with each
  11. Step-by-step walkthrough of civil trial and other proceedings
  12. Learn about important civil tribunals and special courts
  13. Learn how to conduct cross-examination
  14. New amendments, cases and ongoing controversies
  15. You will also get templates for various important petitions, applications and notices etc.

Syllabus

This is an abridged syllabus for convenience, full version is available here.

Module 1 – Preliminary Steps for Litigation Drafts, Filing and Court Machinery

CHAPTER: Understanding the stages of a civil case

CHAPTER: How to draft a legal notice or respond to one

(Give few instances and tell about basic provisions of legal notice)

CHAPTER: Court Machinery & Functioning

NOTE: Where and how to file a suit

NOTE: How to authorize your representative

NOTE: Abbreviations, tagging and nomenclature of different kinds of petitions by courts

NOTE: Case study of unique High Court Procedures

Exercise 1 : Draft a legal notice

Exercise 2: Draft a response to legal notice

Module 2: Plaint, written statement (including set-off & counterclaim) and reply

CHAPTER: How to draft a plaint

NOTE: Types of relief in prayer

NOTE: How to quantify monetary reliefs

CHAPTER: How to draft a written statement

NOTE: How to draft a reply

CHAPTER: Filing-related work

NOTE: Service of process

NOTE: When do you need to look at High Court and Supreme Court Rules

Sample Plaint

Sample Vakalatnama

Sample Verification

Sample Affidavit

Exercise 1: Determine preliminary aspects of case filing:

 

  • Court-fee
  • Value of the suit
  • Identify necessary and proper parties
  • Jurisdiction

 

Exercise 2: Draft prayers for each of the following:

 

  • Declaratory relief, e.g. declaration of title
  • Mandatory Injunction
  • Eviction
  • Breach of contract/ Recovery of money/ damages/ compensation for breach of contract  
  • Partition

 

Exercise 3: Draft a plaint for any one of the following:

 

  • Declaratory relief, e.g. declaration of title
  • Mandatory Injunction
  • Eviction (property dispute)
  • Breach of contract/ Recovery of money/ damages/ compensation
  • Breach of confidentiality
  • Partition
  • IP Infringement Suit (for copyright & trademark)

 

Exercise 4: Draft a written statement

Exercise 5: Add a Set-Off/ Counter-claim

 Module 3: How to draft various applications

NOTE: Most common interlocutory petitions

NOTE: How to draft application for Representative Suits (Order 1, Rule 8)

NOTE: How to draft application for Addition or Substitution of Parties (Order 1, Rule 10)

NOTE: How to draft application for Amendment of Pleadings (Order 6, Rule 17)

NOTE: How to draft application for Setting Aside Ex Parte Decree (Order 9, Rule 13)

NOTE: How to draft application for Rejection of Plaint (Order 7, Rule 11)  

CHAPTER: How to draft application for temporary injunction

CHAPTER: Attachment and Arrest before Judgment

CHAPTER: Appointment of Commissioners and

NOTE: Appointment of Receivers

NOTE: Appeals and revision petitions against orders and decrees

NOTE: Hearings of interlocutory applications

Exercise 1: Draft an application for temporary injunction (including ex-parte injunction)

Exercise 2: Draft a response to an application for temporary injunction

Exercise 3: How to draft application for vacation of temporary injunction

Exercise 4: How to draft application for revision against (or refusal to grant) a temporary injunction

Exercise 4: How to draft an appeal against (or refusal to grant) an interim order

Exercise 5: Application under Section 151

Module 4: Trial and Evidence

NOTE: Basics of Burden and Standard of Proof

NOTE: How to prove a document (including discussion of registration and stamp duty)

NOTE: Discovery and inspection

NOTE: How to prepare list of witnesses and whom to call as witness

NOTE: Preparation of questions for examination-in-chief and cross-examination

NOTE: Preparation of questions for re-examination  

NOTE: How to draft a notice to admit facts and documents

NOTE/ CHECKLIST: How to submit evidence by way of affidavit

NOTE: How to adduce electronic evidence

NOTE: How to draft an application for submission of secondary evidence

NOTE: How to get call detail records (CDR) or data from Facebook, Google and other data available with third parties (ISPs, phone providers)

Exercise 1: Draft an affidavit for documents for admission / denial

Exercise 2: Draft a reply to an affidavit for documents for admission / denial

Exercise 3: Prepare a list of witnesses

Exercise 4 (In-classroom exercise): Conduct examination-in-chief and cross-examination

Exercise 5: How to get call detail records (CDR) or data from Facebook, Google and other data available with third parties (ISPs, phone providers)

Exercise 6: Prepare questionnaire for examination of chief of a particular witness

Exercise 6: How to inspect or obtain copies of books of accounts, etc.

Module 5: Arguments and hearings

Chapter/ Notes: Creation Of Arguments

Note: Hearings

Note: Most Common Technical Objections

Note: Use of Court Procedure & Strategy

Note: How to present an Argument – Presentation That Leads to Maximum Impact

Note: Final Arguments, Written Submissions and The Impact of It In Court Proceedings

Exercise 1: Identify procedural objections to a plaint/ application for temporary injunction

Exercise 2: Frame an argument on a point of law based on case research  

Exercise 3: Prepare a note for your own final arguments (based on a given fact situation where evidence has been adduced on record)

Module 6: Execution, Appeals and Revision

CHAPTER: How to draft execution petition

NOTE: How to draft a first appeal (against decree)

NOTE: How to draft a revision petition against decree

NOTE: How to respond to an appeal or revision petition

NOTE: How and when to draft a review petition

NOTE: How to draft a second appeal

Exercise 1: Draft an execution petition

Exercise 2: Draft a first appeal

Exercise 3: Draft a revision petition

Exercise 4: Draft a review petition

Module 7 – Negotiable Instruments Act Litigation

Chapter: Section 138 Litigation under Negotiable Instruments Act

Note: Pointers for drafting notice under section 138 of Negotiable Instrument Act

Note: Pointers for drafting complaint under section 138 of Negotiable Instrument Act

Note: Jurisdiction and Power of court to try case Summarily and interim compensation (summary trial of the matter and when it is converted to normal procedure, powers/ procedure of courts in doing so, all about interim compensation

Exercise 1: Draft a application u/s 138 NI Act

Exercise 2: Draft a reply to notice for demand of money

Exercise 3: Draft a complaint under NI Act

Exercise 4: Draft a reply to the complaint to the court

Module 8 –  Litigation Strategy and Case Management

Note: Preparation of a basic litigation strategy based on facts and client outcomes

Note: Litigation strategy for divorce cases

Note: Litigation strategy for money recovery cases

Note: How to write a legal opinion?

Note: How to Manage Relations With Court Clerks, and Readers/ Ahlmads

Note: Pricing your services and recovery

Note: Strategies for case management

Exercise 1: Prepare a litigation strategy for a client who wants compensation

Exercise 2: Prepare an invoice with terms of payment

Exercise 3: Draft a caveat

Exercise 4: Prepare a legal opinion advising a client on legal validity of a particular action and consequences if the law is violated

Exercise 5: Draft an IBC notice

Module 9: Consumer litigation

CHAPTER: How to build your case strategy

CHAPTER: Drafting challenges in consumer cases

CHAPTER: How to defend a business in consumer cases

Exercise 1: Draft a consumer complaint to the district forum

Exercise 2: Draft a response to a consumer complaint  

Module 10: Right to Information Act

Chapter: All you need to know about RTI

Chapter: Drafting an RTI application

  • How to draft an effective RTI Application
  • Sample Application for RTI

Chapter: Filing an RTI application

  • Filing your RTI Applications
  • Fees required for filing RTI

Chapter: Appeals and complaints

Exercise: Draft an application seeking information or inspection from a government department under RTI Act

Exercise: Draft an appeal against an order refusing to grant information asked under RTI Act

Consolidated List of Weekly Exercises

Here is a list of weekly exercises:

    1. Draft a legal notice
    2. Draft a response to legal notice
    3. Determine preliminary aspects of case filing such as value of suit and court fee

 

  • Draft prayers for each of the following:
  • Declaratory relief, e.g. declaration of title
  • Mandatory Injunction
  • Eviction
  • Breach of contract/ Recovery of money/ damages/ compensation for breach of contract  
  • Partition
  • Draft a plaint for any one of the following:
  • Declaratory relief, e.g. declaration of title
  • Mandatory Injunction
  • Eviction (property dispute)
  • Breach of contract/ Recovery of money/ damages/ compensation
  • Breach of confidentiality
  • Partition
  • IP Infringement Suit (for copyright & trademark)
  • Draft a written statement
  • Add a Set-Off/ Counter-claim
  • Draft an application for temporary injunction (including ex-parte injunction)
  • Draft a response to an application for temporary injunction
  • How to draft application for vacation of temporary injunction
  • How to draft application for revision against (or refusal to grant) a temporary injunction
  • How to draft an appeal/ revision against (or refusal to grant) an interim order
  • How to draft application for Representative Suits (Order 1, Rule 8)
  • How to draft application for Addition or Substitution of Parties (Order 1, Rule 10)
  • How to draft application for Amendment of Pleadings (Order 6, Rule 17)
  • How to draft application for Setting Aside Ex Parte Decree (Order 9, Rule 13)
  • How to draft application for Rejection of Plaint (Order 7, Rule 11)
  • Draft notice for admission or denial of facts and documents
  • Draft an affidavit for documents for admission / denial
  • Draft a reply to an affidavit for documents for admission / denial
  • Prepare a list of witnesses
  • Prepare interrogatories
  • How to get call detail records (CDR) or data from Facebook, Google and other data available with third parties (ISPs, phone providers)
  • Prepare questionnaire for examination of chief and cross examination of a particular witness
  • How to inspect or obtain copies of books of accounts, etc.
  • Frame an argument on a point of law based on case research  
  • Prepare a note for your own final arguments (based on a given fact situation where evidence has been adduced on record)
  • Draft an execution petition
  • Draft a first appeal
  • Draft a second appeal
  • Draft a revision petition
  • Draft a review petition
  • Draft a application u/s 138 NI Act
  • Draft a complaint under NI Act
  • Prepare a litigation strategy for a client who wants compensation
  • Prepare an invoice with terms of payment
  • Draft a caveat
  • Prepare a legal opinion advising a client on legal validity of a particular action and consequences if the law is violated
  • Draft an IBC notice
  • Draft a consumer complaint to the district forum
  • Draft a response to a consumer complaint
  • Draft an application seeking information from a government department under RTI Act
  • Draft an appeal against an order refusing to grant information asked under RTI Act
  • Article writing and publishing exercises
  • Career building and networking exercises

 

The exercises are primarily based on drafting. Strategic inputs will be provided for selection of strategy. You will learn how to express your arguments in the draft.

Templates will be provided.

* You will be given 2 exercises every week. Only 18 exercises will be discussed in class. You need to perform 18 out of the above exercises and 6 writing assignments to pass the course.

How will you learn?

  • Access to study materials through online learning management system, Android and iOS app
  • Hard copy study material to be couriered to your address
  • 2 practical exercises every week, followed by written feedback
  • Based on the exercises, there will be a live video based online class. You can ask questions, share your screen, get personal feedback in this class.
  • Classes are held after regular work hours. Typically classes are kept on Sunday afternoon or 8-9 pm on other days.
  • You can ask questions, get your doubt cleared live as well as through online forums

You will be learning on our Learning Management System. Get a sense of it here: https://youtu.be/D3mYMU-Bje4

Mobile App Video: https://youtu.be/FwuLNN8IjL0

Weekly exercises and assignments will be downloaded and submitted on our proprietary Assignment Portal. You can experience it on this link – https://youtu.be/wumUFTF3MJc

Course Fees

Until 28th February, 2019, we have an introductory price of INR 15000. From 1st March, 2019, it will be revised to INR 18000.

Duration

6 months

Batch starting date

15th March, 2019

We are extremely grateful to our knowledge partners Karanjawala & Co. and Santhalia Law Chambers, who have provided us with very useful inputs for the course.

To know more or access free materials, reply to this email.

In case you are interested in learning other aspects of litigation, you will find our courses on arbitration, Insolvency and Bankruptcy Code or criminal litigation and trial advocacy relevant.

 

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2 COMMENTS

  1. We want to have further details on various courses. Can you be kind enough to leave your email address so as to enable us to contact you appropriately.

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