S.Basavaraj, Senior Advocate and Chairman, Karnataka State Bar Council Law Academy
On Friday, (8 July 22) a learned Judge of the Karnataka High Court had to advise a junior advocate not to use ‘Yea’ in the Court while arguing.
I have seen many young lawyers using such Law college campus language. Few say ‘Ok’, ‘Thanks’ etc.
Few years ago, there was a joke doing the rounds that a HC Judge’s lawyer son after getting interim order from another HC Judge said “Thank you uncle”!. This might not be true. But I have seen many young lawyers using “thanks my lord“.
The College campus language is difficult to give up. However, it has no place when you take up a serious profession like Advocacy.
Instead of ‘Ok’ or ‘Thanks’ please say ‘I am obliged’ or ‘I am grateful’ or simply ‘much obliged’.
Justice Ramachandraiah of Karnataka High Court in his reply speech to farewell given by the Advocates Association Bangalore lamented at the Lawyers saying; “my friend is making a false statement” or “my friend is misleading the court”. Such blatant accusations do not gel with noble profession he said. He advised to say “the statement of my learned friend is factually incorrect” or “my learned friend is making out of the record statement”.
Another mistake most of us commit is addressing a person without affixing Mr. or Mrs. My senior Mr. S.Vijay Shankar, Senior Advocate and former AG never ever addressed anyone without the prefix Mr. or Mrs. He would call even his steno as Mr. so & so. When you are arguing, please add prefix Mr. or Mrs, be it your counterpart or the litigant. This will only add elegance to your language.
Recently, I came across a gentleman obtaining reply from the High Court of Karnataka under the RTI Act as to whether it wasn’t permissible to sit cross-legged in court. In my 33 years of practice whenever I sit on the front row (immediately after the arguing Bar), I make sure I never cross legs. It is not that you are showing utmost humility or humbleness to the Judge. It is just that you are maintaining personal discipline. I want to ask the above gentleman whether he would sit cross-legged in front of a Minister or the Governor when he meets them for his personal work.
Another rude behaviour is to exchange words with the counterpart during the arguments. This trivializes court proceedings. Very often, we interject when the opposite counsel is arguing either to correct a mistake or to state factually correct fact. We even intervene when the Judges speak. This is, to an extent, part of arguments. But never ever exchange words with the opponent counsel across the Bar to make it a verbal war. As I said one can intervene, if it is absolutely necessary and with the permission of the court. But all such statements or clarifications must be addressed to the Court/Judge and not to the opposite counsel.
Whenever you submit photocopies of the judgments to the Court, please make sure your opponent counsel also gets copies. It is a good gesture involving very little expenditure. This will also prevent unnecessary adjournments.
Never take adjournment without informing the opposite lawyer. On many occasions I waited for my matter almost whole day only to realise that the opposite counsel had taken adjournment at the beginning of the court proceedings. This practice is still in vogue putting the advocates in practical difficulties.
Remember, self-discipline is the best way to build and enrich the institution. Good mannerisms will go a long way in shaping the advocacy & remain beacon of light in posterity.
Daksha Legal 