Thread by @lawbarandbench

Senior Advocate Fali S Nariman to speak on the topic “Becoming an Advocate” at the inaugural lecture of the Indian Institute of Law Kerala Online Lecture Series.

Live Updates from the lecture below.

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Introductory remarks to be given by Advocate VM Syam Kumar and the session to be moderated by Advocate T Sanjay.

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Advocate VM Syam Kumar welcomes Sr. Adv. Nariman.

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Sr. Adv. Fali Nariman: Mr. Shyam Kumar and fellow students of law, a few weeks ago when I was asked if I would deliver this lecture, I most eagerly said yes because my wife & I both loved Kerala.

Over the years, we had visited your State on many occasions.

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Sr. Adv. Fali Nariman: For me speaking to students in Kerala is always a great pleasure.

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Sr. Adv. Fali Nariman: You have to remember that once you become an advocate, you become a student of law for life.

Whether you sit in a law firm or you work in an office for an advocate or even when you begin to practice, even when you also become a judge!

Once a student of law, always a student of law, says Sr. Adv. Fali Nariman.

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Sr. Adv. Fali Nariman: You must remember that English is not a foreign language, it is one of the two national languages of India. Therefore, the first thing you must do is improve your knowledge and proficiency in English by reading.

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Sr. Adv. Fali Nariman: This is not to make you anglicised!

It is to give you an opportunity to establish yourself because the law in India is and will remain English in origin, all the great concepts are Anglo-Saxon.

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Sr. Adv. Fali Nariman: Keep yourself informed, be up to date with Indian case law. This will make you useful to your senior.

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Sr. Adv. Fali Nariman: Work here means being occupied. Not necessarily paid work. The worst enemy of hard work is a fixed monetary reward.

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Sr. Adv. Fali Nariman: There is no incentive when your Senior keeps paying you a stipend. Of course, if it is necessary for your survival, take the stipend but don’t depend on it forever because you are then you are in the position of an employee or an office clerk.

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Sr. Adv. Fali Nariman: You will soon begin to work less and less, only in office hours and then in company of other lawyers you will begin to complain how poorly you’re paid. There are no office hours of a practicing advocate.

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Sr. Adv. Fali Nariman: Once you have read and re-read your brief, take time to reflect, think on it. This helps greatly.

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Sr. Adv. Fali Nariman: As a lawyer, it is your duty to bring to the notice of the court a case already decided on the point. You may then distinguish it but cite it you must. & Never cite an overruled case.

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Sr. Adv. Fali Nariman: Never exaggerate in Court. Argue in lowkey. Avoid rhetoric and don’t be too smart and for God’s sake, at this stage, avoid being funny in court! You will be stigmatised as flippant.

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Never show irritability in Court. Leave your anger and all the vitriol it comes with outside Court, says Sr. Adv. Fali Nariman.

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Sr. Adv. Fali Nariman: Don’t quarrel or be nasty to your opponents. A sense of camaraderie at the bar is essential.

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Sr. Adv. Fali Nariman: Don’t criticise the judge before whom you have appeared before clients or in the bar room. If you must say something, say it in a court of appeal in open court.

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Sr. Adv. Fali Nariman: Learn to lose with dignity. Don’t jump to conclusions about the judge hearing your case. The entire edifice of our legal system exists on the basis of mutual good faith between the bench and bar.

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Sr. Adv. Fali Nariman: Never speak to the media about a case in which you are appearing. It smacks of cheap publicity and is unfair to the judge.

If the judgment needs to be criticised, such criticism will be appreciated when it comes from disinterested quarters.

Never complain about the inadequacy of the time set by a Judge for your argument. You thereby expose your own incompetence: Sr. Adv. Fali Nariman

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Sr. Adv. Fali Nariman: Another great advocate of the 20th century was Nani Palkhivala, in the post constitution period. He is hardly remembered today in the hurly burly of current day lawyering and politicking.

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Sr. Adv. Fali Nariman: It is high time we remember him. In his time he was able to argue and win the three greatest constitutional cases- Golaknath, Kesavananda, Minerva Mills.

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I always give Chief Justice Y. V. Chandrachud full marks for his acute sense of judicial disciple of dutifully following precedent, says Sr. Adv. Fali Nariman.

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Sr. Adv. Fali Nariman: Let this be a lesson to you all, proficiency of English is very important. The draft constitution of India is prepared in English, after nearly three years of debate in India’s constituent assembly...

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... it was finalised in English, adopted in English. The concepts of liberty, equality, justice are all in English.

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Sr. Adv. Fali Nariman:To lose your temper at a judge is losing half the battle in Court. If you have a temper and get upset at what a Judge sometimes says, control your temper and if your temper is uncontrollable, find some excuse to get angry with your junior sitting next to you

Sr. Adv. Fali Nariman: This is one of the tricks of the trade. The Judge will come to the rescue of your junior because he will think you are an unnecessarily losing your temper on a young man trying to assist you.

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Sr. Adv. Fali Nariman: It is an illusion to think that great cases are won or lost because of their inherent strength or weakness, advocacy plays a vital role simply because the Judge is also human. Thank you all!

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Senior Advocate Fali S Nariman concludes his speech by wishing everyone good luck in becoming advocates.

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