This article is written by Sanjay Manchanda, an advocate practising at High Court of Delhi.
I am not a writer and neither am I a great observer of human conduct. But have a greed to know and explore more. Before writing this article, initially I had a thought to educate, not that I am a professional or experienced educator to profess, young and budding lawyers about ‘Art of Advocacy’. Like all other writers I tried my hand on excavating knowledge upon this subject and found that a lot many articles have already been published upon this. Be it Bar and Bench, Legal Services India, LiveWire, etc. And mostly by the young generation lawyers who have access to all kinds of data procuring techniques upon any subject under the sun. With due respect to their intellect and hard work, but found all stereotyped and limited to the extent of a lawyer’s duty as defined under the Advocates Act 1961 or the rules defined by Bar Council of India and State bar Councils. And If I think I could have done more justice to this subject, I would be lying to the core of my heart. Infact theoretically speaking, above Act and rules are conscienced/composed enough to educate lawyers of their rights and duties. And in the world elsewhere too, the principles governing art of advocacy are same or similar in nature. Close to my heart and one article which fulfills all criteria which can guide today’s young lawyers or for that matter of fact a lawyer of any generation is the lecture imparted by Mr. Justice F.M Ibrahim Kalifulla. “Legal Profession: Challenge & Prospects ‘&’ The Art of Advocacy.” The manner in which Justice Kalifula has penned down his thoughts, experience, facts, law governing the subject and advice, I feel a word more to it would be showing torch to the Sun. But something was missing. The said lecture which he delivered had everything which I had in mind to share but still something was missing. And to me it is a basic conscience to be a “Great Lawyer”. Merely by following certain expectations as defined under the Advocate’s Act and guidelines issued by various Bar Councils you can be a GOOD LAWYER but not a great Lawyer. A quality which distinguishes me and thousands of others from Mr Palkhiwala, Mr Jethmalani, Mr Fali Nariman, Mr Salve, Mr Rohtagi, Mr Kapil Sibal and others whom we call “Great”. We cannot give credit to their luck alone. There is something different about them and it can’t be ‘hard work’ too because I have seen many of my friends who are burning the midnight oil but have reached nowhere near to such starlets of Indian Legal Profession.
So what is it that makes a “Great Lawyer”.
I remember reading a line which says “A Great Lawyer is a creative wonder”. And needless to mention it was Mr. Justice V. R Krishna Iyer. In his book OFF THE BENCH. And I realized this is what I want young budding lawyers and many others like me, to understand.
He says: “Great lawyers rise to peaks of eloquence spiced by lovely phrases –no claptrap, cliche, platitude, verbal judo or tiring repetitiveness. Orality unlimited and argumentum ad libitum often have a soporific effect on the addressee and the drowsy judge wakes up when the loquacious duel at the bar ends. But persuasive brevity, packed with powerful punches, involves the Bench as impartial, but not indifferent, umpire in the forensic bout punctuated by wit and repartee, legal luminosity and delight of debate.
A great Lawyer understands that some judges, by imperious impatience, petulant intervention, supercilious cynicism and overbearing insolence, create tension and mar the charm of the bar addressing the Bench Justices and justicing find their finest hour when the Bench—Bar mutuality sustain the hearing with sweet reasonableness, however grave the consequences momentous the stakes.
Economy of words, exquisite diction, soft articulation, punctuated with peroration, quotation, wit and repartee spicing counsel’s submission, with gentle indication by the vigilant judge that the point argued had been understood and the next point, if any, could well be appropriate, are the enjoyable aspects of judicial hearing. Stridency is counter productive, sonorous ‘submissions’ and intimidatory persistence are no success for sound presentation, free from excitement and provocative interruption.
It is a joy to preside when ‘submissions’ are suave and words are fragrant with logic and light lending enchantment.
Elegant advocacy is a delight to listen to and puissant presentation is assertively convincing. A great lawyer is a creative wonder. Sir Walter Scott is right: A lawyer without history or literature is a mechanic, a mere mason ‘if he possesses some knowledge of these, he may venture to call himself an architect.”
I noticed that Justice Iyer, when being a Lawyer and many others of that time like Justice Chagla, had used prose and excerpts from works of Keat, Kipling, Karl Marx, Shakespeare, Oscar Wilde etc in their arguments and when elevated to bench, in their judgments while explaining their point. It’s not that I am recommending that to be a great Lawyer you should be a poet or a writer- but one should be well read, in any field, wordly wise. When I say in any field, I mean wherever your interest lies. Be it reading, writing, music, drama, anything. The way you have helped yourself in articulating and excelling in pursuing your hobby, it will reflect in your approach before the bench. Understanding the mood and reasoning of the bench is like a symphony. It’s a kind of a “jugal bandi” between two great minds. Presentation of your case is the key. It’s not necessary that you always win a bout but what matters is if you have left a mark. A good grasp over the language, knowledge and understanding of what is happening in the country, world— with government, people, culture, is what would matter. Knowledge of “DHARMA” too adds to the skill. And definitely command over your brief is first and the foremost.
I love reading J. Krishna Iyer and at the same time I hate it too—as I have to keep my dictionary ready all the time. But it’s always a pleasure. His work opens your horizons and encourages you to follow great minds.
Now coming to the Corporate side of our profession. It’s not that Corporate Law has no requirement of Great Lawyers. The desk work and research also demands great intellect and hard work. Today firms like ABZ, SAM, CAM, JSA, L&L, and many more are negotiating contracts worth billions of rupees among themselves. The credit goes to the team but it’s the leader who makes sure that such success happens. The great Lawyer in the Corporate side of Law ensures that such deals happen. It is his foresight and guidance that help others to explore and research into various aspects of deals to be construed. In the world of Artificial intelligence, which slowly is taking over humans, it’s an art and expertise to make such possibilities happen between clients, people and countries. Machines and junior lawyers may work round the clock but ultimately it’s the convincing power and approach of a great lawyer that makes such deals happen. To convince a client and opposite side that such eventuality is possible is an art which only comes when you think out of the box and in a manner different from a common lawyer’s perspective.
When we talk of Great Lawyers, names like Sh. M C Chagla, Sh. Motilal Setalvad and more recent Sh. Fali S Nariman can never fail your search. It has been said about them that the way they conducted themselves before the court was always a treat to eyes and ears. I strongly recommend those who aspire to create a mark in Indian legal history, must read autobiographies of such amazing personalities. “Roses in December” by Sh M C Chagla, “My life” by Sh Motilal Setalvad and “Before Memory fades” by Sh. Fali Nariman. Such was the greatness of Sh Setalvad that he has been remembered by the other two and many more in their respective autobiographies. Sh M C Chagla, refused to accept any fees from Indian Government to represent India at the International Court of Justice. And Sh. Nariman diction and control over the language and law, still stands un-comparable. Sh Ajay Bahl of ABZ, though less heard of in the litigation circle, again is a lawyer par excellence. He is a great human being too. His sponsoring full flight for migrants during present COVID-19 times, is a noble and great act which Indians would remember for times to come. India has produced many good lawyers but few became GREAT for the qualities they excelled in the field and off the field.
It’s been seen that in present times, we have become more money oriented, practical and amassing huge wealth has become a goal. And I feel there is nothing wrong in it too till the time we are honestly pursuing our profession. That is another debate if someone can amass wealth being honest? It’s a pity that when you scroll for “great Lawyers” on the web, it shows you highly paid lawyers in India. Not that all are not great but the amount of fees which each commands does not necessarily make them great (without prejudice to anyone). But nonetheless one prime essentiality which every lawyer should adhere to is to realize the worth of Democracy of our Country. To protect and strive for human rights. Somewhere Justice Iyer has further mentioned: “Democratic Lawyers must expose the ‘human rights’ hoax and restore ‘human right’ truth. And only a great lawyer can do this.
So friends, after reading and following “The Art of Advocacy” as explained by Justice Kalifulla, and other books as mentioned above or for that matter of fact any work of great personalities, and learning from their experiences, try to imbibe the values and knowledge they impart. It will be your first step to become a Great lawyer.
With due respects and regards to complete Legal Fraternity of India, including the Hon’ble Judges of all State District Courts & High Courts and of course the Apex Court.
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