'Practice Of Law Is Not To Be Taken Lightly' : Justice K M Joseph Tells Law Graduates [Read Full Text Of Speech]

Speaking at the 13th annual convocation ceremony of NUALS Kochi, Supreme Court judge Justice K M Joseph shared with young graduates his advise with respect to practice of law.

"The legal profession is not an employment leave alone a part time job", he said. Justice Joseph added that a "passion for learning" is necessary for a true legal professional.  

"The practice of law is not to be taken lightly. You are no different from a surgeon upon whose skill, hard work and dedication hang the life of a patient", he added.

 "A lawyer must be a thinker. He must ponder. The faculties of imagination and intuition do play a significant role in the career of a successful lawyer", he said.

"What makes practice of law truly attractive is that the practice presents each day with new and seemingly intractable problems", he added.

On training under an experienced counsel

Those who wish to set up a law practice must hone their talents under the able guidance of an experienced counsel.

"I would have no hesitation in telling you that the practice of law requires a comprehensive understanding of the many facets of a case. How a case is conducted in court depends on how you would set up your pleadings which include what you should be saying as much as what is best left unsaid. Familiarity with procedures, arguments in interlocutory applications, examination and cross examination of witnesses and of course, the icing on the cake, namely the final oral arguments before the court, are all skills best acquired under the gaze of an experienced counsel", the SC judge advised.

On importance of trial experience

Justice Joseph said that it is important to have familiarity with trial experience in civil and criminal side in the beginning.

"I believe that a lawyer should put in at least a few years in the trial courts and High Court in all aspects of civil law as sound knowledge of the basic concepts of civil law is important for laying a strong foundation for a successful practice in law".

He opined that even though civil law is undoubtedly the most complicated branch of law, in the initial years of litigation one should equally familiarise with civil law as well as criminal law.

He also spoke about applying the "Socratic method" throughout the profession to expand one's knowledge and understanding. 

"Do not stand on your ego. It is better to ask and find answers before things become far too late", he added.

"Pursue knowledge through your careers as a humble student. Drop the Know-All mask which you may be inclined to wear on the strength of having undergone a five years course in law".

On importance of reading

Justice Joseph stressed on the importance of reading habit for lawyers by saying :

"A large part of hard work would be occupied by extensive reading. In the matter of reading, it would be wise on your part to understand that as years roll by and you get more work, you will not get enough time to read. Therefore, make use of the early years to read extensively. Consider the relative dearth of work as a blessing in disguise. Seize every moment to read not only about law but every branch of knowledge. The lawyer is a jack of all trades. The sea, the space and everything about life is under the command of law. No activity is today beyond the reach of law. This enhances the utility of a practitioner to society and catapults the responsibility of a lawyer as never before".

Justice KM Joseph asked the young lawyers to make extensive use of the library.

"It may be true that unlike the earlier times, today knowledge is at your finger tips by merely opening the laptop or even the mobile phone. But I would still advise you to go to the library and develop the habit of reading which should not be confined to reading relating to any particular case with which you may be involved. Develop a passion for reading. Not a word you read I can assure will be in vain or go waste", he added.

On altruism

He opined that in a country like India, where large sections live below poverty line and are otherwise underprivileged and disadvantaged, there is need for lawyers to engage in pro bono work as well.

"Remember your duty which is to render service to your fellow countrymen who in their distress rush to you hoping to find solutions to their vexed problems but handicapped by the paucity of funds", he reminded.

He also said that pro bono work can help one's professional growth too.

"Doing pro bono work whenever you get the opportunity will undoubtedly contribute to not only redeeming the fair name of an advocate but also more interestingly fostering your own careers. Lawyers doing pro bono work earn marks in applications for being designated as senior counsel."

On maintaining mental balance over victory and losses

"The vedantic exhortation of Nishkam Karma is most apposite for a lawyer. There will be ups and down, triumphs and defeat. View both as imposters like the waves of the sea which come and go. Learn to remain unaffected". 

On Reputation

While talking about the reputation in the legal profession, he said

"Never ever attempt to mislead the court. You will stand exposed. It is not unnatural that judges discuss lawyers. Lawyers who mislead are bad news and it travels fast".

He added that being under the gaze of everyone in the courtroom which includes members of the staff is almost like being under a CCTV camera. "Be prepared enough to answer any question that falls from the Bench. If you do not know the answer please tell the court that you have no immediate answer but will come back, given time. Do not say something in court without understanding the consequences of your statements."

Apart from learning, what appeals most to a Court, is character manifested by honesty and fairness. 

Justice Joseph also cautioned that lawyers must be careful against committing negligence in their work.

"Negligence by a lawyer is not an uncommon phenomenon. Be it drafting pleadings or in cross-examination of witnesses, and lastly in addressing arguments, litigants can take you to court over half baked and a pretence of professional work."

 On courtesy towards other lawyers

"Be courteous to your opponent as much as you must be to the Court. Be a thorough gentleman. Remain an officer of the Court even when you will valiantly continue your crusade on behalf of your client to the very logical end. Helping the Court in arriving at a correct and just conclusion is the true duty and the role of a lawyer". 

On Court room arguments

"The courtroom is not be confused with an audience at an election campaign. While oratorial skills may be harnessed, a wise counsel will recognise that oratory is only a means to an end and the quality of brevity is greatly appreciated by courts."

He said an advocate must not only keep himself abreast of the latest news churned out by the lawgiver but also familiar with the decisions of the Apex court and of the High Court in which he practices. Though the judge would be more forgiving of ignorance betrayed by counsel, the counsel being unable to give a correct picture of the facts is unpardonable.

"A counsel who has completely mastered the facts of his case becomes the blue-eyed boy of the court. The mastery of the facts must be such that he must be able to answer any aspect of the case which may be posed by a discerning Judge or Judges", he added.

He further talked about the meticulous preparation of cases as a duty one owes as a lawyer to his/her client.

"Outwitting opponent in the intellectual wrestling in a courtroom is an indescribable ecstasy to be realised over a hard-won legal battle. With each case which you conduct with skill and care, honesty and dedication in a profession where the advertisement is otherwise tabooed, you proclaim yourself to the rest of the world."

"Study the Court"

Justice Joseph also talked about the importance of "studying the court".

He shared with the audience an advice which he had received from a senior counsel during the early years of profession,

"He told me that the Court is like a zoo. There is the elephant, the horse, the deer and also the tiger and the lion. You cannot feed grass to the tiger as much as you would feed them to a deer".

"Be prepared enough to answer any question that falls from the Bench. If you do not know the answer please tell the court that you have no immediate answer but will come back, given time.

Do not say something in court without understanding about the consequences of your statements. Contemplation leading to clarity of thought is of crucial importance. Orderly arrangement of arguments addressed in a tone of equanimity and avoiding confusion in thought is greatly appreciated".

"Carefully observe how each Judge reacts by attending court proceedings.  Make use of the time you have when you are not having any particular case to attend some court", he added.

While concluding his address, Justice KM Joseph insisted the need for being fair with the clients not only in the matter of charging fees but also in not giving false hope to the clients.

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