Encounter with Clerks

As a junior lawyer, one comes across difficult people and situations on a daily basis. It is expected that these are dealt with in a cool and calm manner. However,the true test of a junior’s mettle is the encounter with the one individual who is the hardest to handle, the office clerk..I often feel that being a good lawyer is a lot like being a tightrope walker. A good lawyer is one who is a master at the art of balance; a dose of aggression with the right amount of defensiveness, a touch of drama in an otherwise, completely dry, argument. A litigating lawyer will come across an incredibly diverse range of situations, with each situation demanding a different approach, each situation demanding the right balance of approaches..For instance there are certain judges who are not fond of lengthy, academic arguments; there are clients who like to hear the truth, no matter how unpleasant, without any sugar coating. Then there are senior counsels who like reams of information condensed onto a single page. There are the court employees who tend to respond best when dealt with in a polite yet firm manner..Often there will be times when simple courtesy will do just fine; at other times a bit of harshness is required. A good lawyer is one who is not only aware of these differences but is capable of utilising these differences for maximum benefit. It is a skill that can take years to master, but when successfully learnt, it is a joy to watch..As a junior lawyer though, you don’t really have to worry too much about these things. The judges can almost always identify that you are new to the Bar, the court staff generally tend to be helpful to newcomers and your direct interaction with clients and senior counsels is limited early on. Most of the times, you will work in the background, pulling up case laws as required or making notes to support the arguments etc. Largely, you are meant to simply observe and learn. This is even truer when you work in the office of a senior counsel..However, there is one individual before whom you must quickly hone the skills of moderation. There is one individual who must be kept happy at all counts; failure will result in complete and utter disaster. No, I am not talking about the Boss. I am talking about, the Clerk..If the office of a competent lawyer is a machine, then the Clerk is the most important cog. There are no two ways about it..It is the Clerk who does the filing, it is the Clerk who follows-up with the listing section, it is the Clerk who collects the photocopies and co-ordinates with the clerks of other lawyers for meetings, conferences and the like. It is the clerk who will carry the files to court and it is the Clerk who will lug it back to the office/chambers..And for these reasons, the lawyer is dependant on the Clerk; the degree of dependence obviously depends on the competence of the Clerk. A good Clerk makes himself indispensable, for then the Clerk is assured of his job. A good lawyer is one who does not depend entirely on his Clerk for then he can always threaten the Clerk with termination of services..And it is right in the middle of this highly perplexing relationship that a junior lawyer is placed. If you were to eavesdrop on a group of junior lawyers talking, inevitably you will hear of complaints of rude Clerks and arrogance. Even experienced lawyers are known to recollect, albeit with a certain fondness, of the time when they too were fresh-faced youngsters and had to manage incorrigible Clerks..The Clerk, who has often worked for years, is also slighted by the fact that the Clerk thinks that he knows more about the law than the junior (a perception which does have a large degree of truth). More importantly, every Clerk is threatened by the introduction of a junior; the Clerk perceives that the junior will now diminish the importance of the Clerk. And it is this perception, no matter how misplaced, that the junior must fight. And it is in this deceptively innocuous battleground that a junior must master his skills. And it is here that the junior learns the fine art of balance..If you are too subservient then the Clerk will make you run around in circles. You will spend hours completing certain jobs only to later realise that they could have been done in half the time or that they were not really important. You may find yourself wasting time carrying files to court or collecting photocopies from the library..If you are too arrogant then too you shall suffer. You may not be told of urgent matters coming up the next day, files for which notes had to be prepared may bypass your desk and land directly on your boss’s, case law may not be pulled up in time. In short, there are endless ways in which your life can become utterly miserable..But, there is hope..Like with a lot of things, in litigation too you learn through experience. So you learn to be polite with the Clerk, especially in front of clients. You insert a “ji” after his name while speaking to your boss in front of him. Praise in front of the Boss rarely does any harm. For instance “Sir, Rajiv-ji really got the Xeroxes just in time” or something of this sort. But you cannot afford to be a pushover; after all litigation is a ruthless field where few can afford mercy..And always remember that the one person all Clerks will fear is the Boss. When things get out of hand, when you think the Clerk is being too rude or non-cooperative, just have a word with the Boss..The Clerk must always be made aware of the fact that you have direct access to the Boss. However, the degree of “direct access” tends to be based on how competent you are at your job. And this competence is based on how successful you can work with the Clerk to get the job done..Once you learn to master the Clerk though, then a lot of doors open up. There are plenty of things a Clerk can teach you, things which the Boss will simply not have the time or inclination for. There is also an important sense of camaraderie between a junior and a clerk that is vital for the functioning of an office. However, never forget that a Clerk is a Clerk and you are a lawyer. Also never forget that you are here to get the job done. As long as you don’t lose sight of these facts, you will do just fine..Also do remember that no one is immune to flattery. Absolutely, no one..Kroswami, after five glorious years in Calcutta, chose to litigate in Delhi. Two years later, Kroswami decided to leave the Rajdhani and shift to Bombay where he occasionally meets people dressed in white shirts and black pants.