Thread by @Hareshraichura

Thread on "How NOT to open arguments in courts?"

1) These are my personal views. There are no hard and fast rules.

Every judge can react differently even if the opening statement of an argument is same.

Use your own discretion, experience and wisdom.
#lawstudents #law

2) Do not open arguments by saying that "This is a legal aid matter".

This irks most judges. You are indirectly saying to judge that 'I am obliging this poor person by taking this case, kindly be sympathetic to this litigant*.

Judge may be already knowing that this was a

3/ legal aid case. I have found that judges do not like these kind of opening lines.

Also don't begin by saying that "On last date, in this case such and such Senior Advocate had appeared and.... "

Judges do not like to be influenced in this way.

4/ If the case is coming after an adjournment, do not open argument without seeing what orders were passed on previous and earlier dates.

If xou say something which is contrary to some earlier order, the judge may not like it.

He may think that you tried to misled court.

5/ Do not open arguments without knowing catagory of case which you are arguing.

The judges are allocated cases as per different catagory of cases.

Each catagory of case has 3 to 4 relevant "Thumb Rules" which judges have learned over years of experience.

If your opening

6/ line of argument does not contain any of the relevant Thumb rule for that catagory, you may fail to connect with the Court.

If your opening lines of argument contain at least one thumb rule of the Judges, then you may get further opening to develop your arguments.

7/ Do not address a judge in a way which is not according to normal norms of that court.

Every court has some etiquette about addressing judges. This is different in District Court, High Court or Supreme Court.

This etiquette can be different in different States also.

8/ When you go to argue in any new court, just be informed about how other lawyers of that courts are addressing the judges in that court.

Then modulate your way appropriately.

9/ Do not open your arguments with "opinion"

1) To say that "This is a case under Sec. 5 of PMLA is an "Opinion".

2) Today that ,"By order dated 17th April, 2022, the properties of petitioners are provisionally attached" is a "Statement of Fact"

It will require lot of

10/ exercises to learn to distinguish between "Opinions" and "Statements of Facts".

Many Senior Advocates begin their cases by expressing their "Opinion", like "This is a terrific case of human right violation".

They can do it because they may have some rapports in court.

11/ But young advocates should not follow their example blindly by opening cases with "Opinions".

To begin cases by expressing an opinion is not correct.

Bring some date, some numbers in your Opening Lines if you can.