Thread : What care a #law #student should take while sitting in library, and digesting law #books? How should he navigate through thousands of books in law library of #college? What books to read and what to ignore?

1) The topic of this thread itself is complicated.
2/ But once I was also a law student. (In 1977). All the law books in law college library amazed me! It looked as if each book was radiating powers of the good over the evil. I had dreams of power and wealth and these books looked like my passport to a golden future.
3/ Do not blame me, if after reading this thread you become demotivated to read those AMAZING law books.

I may have tell you something which may not be found in ANY law book of ANY law college.
4/ To express an Unpopular opinion, to express something which is new to everyone, to express something which against conventional wisdom age in which are living, is a very difficult task. We are most likely to be misunderstood.
5/ You may have read hundreds of tweets and posts saying that "College Education is useless".

But this an old news.

I do not want to bother you by repeating what others have repeatedly said.
6/ Another thing which I need to keep in mind is to avoid saying anything which may not be in good taste.

Even truth can be rejected if what is stated is not in good taste.

I do not wish to downplay value of college education for which so many students are paying huge fees.
7/ "Helicopter View" are my favourite words.

When you are standing in a law college, you have certain views of the college.

But if you climb on a helicopter, and try to see the same college from above, you have different views.

This thread is about this "Helicopter Views".
8/ You must be knowing that MOKITA is a foreign language word.

It means things about which everyone knows but everyone has agreed that no one will speak about it.

There are so many MOKITAs about education in #law #colleges.....

You must also be aware about such Mokita.
9/ Though I am writing this thread for #law students, I think this thread give some new thoughts to even those who may be studying in other #colleges.
10/ Have you checked what types of law colleges were there in India about 100 years ago?

I am told that every 12 years there used to be a Recruitment Drive and the lawyers were recruited and they were called Munsifs.

And no study of law books was required.

Great. Isn't it?
11/ When I was studying in law college, there was no PMLA Act, No Arbitration Act, No Sec.138 Negotiable Instrument Act, cheque cases, and a hundred other laws.

And yet, I see no difficulty in handling cases under any law which is still yet to pass by parliament.
12/ Whatever laws you may be right now studying in law college, by the time you will join law practice, there will be laws which you are right now not being taught in law college. Because these laws are yet to be passed by Parliament.
13/ You may like to master The Constitution of India.

But that too has already undergone over 100 surgeries and it might have change radically when you may actually join the law practice!
14/ 40 years ago, I saw a law college. Even if a 1st year students had read nothing, they used to be declared passed and promoted to 2nd year by professors.

Because if they do not pass them, there will be no students in 2nd year and the professors may loose their job
15/ Then I also learned that a lawyer need not have knowledge of 10000 Acts, 1,00,000 Rules and 2000 precedents.

A #lawyer need to learn is, when a case comes, where to find law for purpose of that case.

If he is excellent in this skill, what more is needed?
16/ In those days #legal #research was based on books and annual digests. The process of research itself was educative. When you are researching for one #law point, you could learn 20 other law points as byproduct of the research.

Gradually, one used to get "profound" knowledge.
17/ I used to search for law books taught in foreign universities. I could buy them at cheap price from old book sellers market. I used to compare those books with law books of our law colleges. I used to see lot of difference..
18/ I found brevity in these books. They were precise. There was less fluff. In one book, I learned that the students were required to memorise Short Names and Long Names of about 300 citations. I also came across books of memory methods to memorise the citations.
19/ With passage of experience, I learned from one senior advocate that "Do not memorise names of cases. Memorise or be clear about the concepts in judgements. Be familiar with words frequently used by judges".
20/ There is a lecture by Justice R F Nariman on YouTube which says 1) Law Colleges should have full time professors who can make study of law highly interesting to law students and 2) Students should read "Above and Around" their subject.
21/ Yesterday, I client told me about his experience with a young lawyer. He said, "Her English is excellent and she can draft facts in details, but she had no 'stategic thinking skill".

I wonder if law college libraries have books on various types of Thinking Skills.
22/ It is very easy to fall in love of "books and thoughts" during #law college years. But this can disconnect oneself from hard and solid ground realities. Most biographies of eminent lawyers and judges hide their "connections".

It may be futile to be inspired by unreal words.
23/ We are now in an age where it is obvious to many that main purpose of law colleges is to make profit. They look like commercial firms.

We cannot change realities. We have to work on us, on our life survival skills, on our own.
24/ In my college days, I had a wall picture in which a small boat was seen floating in the vast sea.

And the words printed were, "O God, your sea is so big, and my boat is so small".

This wall poster is now lost but it's image continue to inspire me even today.
25/ "To educate" means to "To draw out". A teacher is supposed to draw out best from the pupil.

If you get time, see movie "Dead Poets Society" (1989)

The first 15 mins of the movie are eyeopener for any college student.
26/ If a #law student has installed a system of "Self Learning" in his mind, his grasp is no longer limited.

He can search for self development books for lawyers. One resource link is also in my bio.

To learn SKILLS of ARGUMENTS is possible through so many books out there.
27/ There is also a concept of physical and mental labour required in #Lawfirms

They also look for mental and physical toughness.

Those who spend too much time in reading books, may fail in their toughness test.

Reading real case papers is a really a tough job.
28/ Once a Junior had told me that he was working in small law firm. He was getting lot of experience and was getting Rs.20,000/pm

His complaint was that he had to work about 10 hours a day and he used to feel exhausted.

He must be having strong physical and mental strenth.
29/ The situation about pay scales to junior lawyers in India may remain same unless they start collecting evidence of work done by hours per client per case they worked.

It is possible for junior #lawyers to keep such record by useing time and project trackers like Harvest.
30/ The courts may come to rescue of junior lawyers if they can make proper application for litigation costs, with time tracked records, in cases they may have appeared.

The courts have inherent powers to direct payment of costs even if there may be no such express rules.
31/ I have yet not seen a case where a junior may have applied under inherent powers of Courts, for costs with evidence of time spent by him on case.

But I think only the Courts will be able to help junior lawyers.

The limitation of Judges is, someone has to first apply !!!

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More from @Hareshraichura

Jun 14
Thread : What to keep in mind while arguing criminal cases involving finnancial frauds.

1) In cases involving murders etc, human emotions are involved. Various kinds of human circumstances evoke emotions that lead to the crime of murder. All these human factors are relevant.
2/ So even if it may look that the crime is such that death penalty should be given, when a lawyer minutely works on a series of emotional issues that lead upto the very minute of the crime, the judge may decide not to give death penalty.
3/ But cases involving financial frauds are different. Here the have usually zero sympathy towards accused.

These criminal cases of finnancial frauds are quite different. Sometimes amounts are huge and sometimes the amounts are very small..
Read 7 tweets
Jun 13
Thread : Why a litigant gets embroiled in multiple cases even when he is not a fault....

1/ #Lawyers will naturally earn more when a client has to fight more than one cases. This issue need to be examined by those concerned with laws in #India
2/ One Example : Suit for possession without seeking decoration of title is not maintainable but a fresh suit can be filed.

1) So first a litigant files suit only for possession and obtains stay against sale of property.

2) When other side points out defect in title,
3/ then the plaintiff withdraws suit and files another suit for possession as well as declaration of title..

The client will have to pay more and more fees.
Read 6 tweets
Jun 13
Thread : The orginal debate on religions and Gods.

1) The orignal debates about must have started 10000 or 20000 years ago when humans lived in small tribes.
2/ At that time, the man noticed that even when odds were heavy against his survival, he received help from some unknown sources at last minute and he miraculously survived. These invisible sources of help were God to him.
3/ Then a dispute arose as to whether there was one God or many Gods and what were the right methods to acknowledge the invisible helpers.
Read 9 tweets
Jun 6
Thread : How to read a Legal Document. A small tip..

1) Clients come with heap of letters and documents and ask us to file their case.

There is a method about it which many #Lawyers use.
2) First, listen at length. Do not interrupt client if possible. Do not cross examine him. Do not disturb him. Avoid jumping to any conclusion about his case.
3) We cannot build our case on basis of what clients tell us.

We have to go through the papers he may have brought with him.

If there is a heap of papers, we may have to read them one by one.

Here, if we know some method, it helps. This method is the purpose of this thread.
Read 11 tweets
Jun 4
Alas! Alas ! Alas ! If someone had told me this when I was young. I wish someone had told me then that “The Road of Goals is filled with pebbles of gold.”

All I needed to do was to lift pebbles and to finish goals mentioned under the pebbles.

#motivation
2/ To understand a cryptic section, we #lawyers and #judges, read a sentence twice, thrice or till we understand meaning of each word.

If you will read earlier tweet in this thread again, you may find that the pebbles on the road to goals are very heavy.
#motivation
3/ As I came out from the college, I saw that my friends were focusing on picking up pebbles of gold on the road of goals. I however kept gazing at stars, kept reading books and became an idealist. I did not gave much importance to pebbles.
Read 23 tweets
May 29
Thread : Some Reasons on why Anticipatory Bail, even without copy of FIR, ought to be granted to those who fear arrest for some social media post, posted or shared by them.

1) It is possible for courts to grant anticipatory bail to any law abiding person under Sec.438 of CrPC
2) The meaning of Anticipatory bail is simply this, the police should not arrest, but should get some personal bond from accused that he/she will co-operate with investigation.
3/ The grant of an anticipatory bail order, instantly frees the accused from fear arrest and torture by police of different States. It frees him/her from fears of custodial deaths or ill treatment in police station.

#lawyers #lawstudents
Read 14 tweets

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