“Advocate is on Record” is a multi-part series on the leading AoR’s of the country. The first profile in the series is that of Shivaji M Jadhav, President of Supreme Court Advocate on Record Association (SCAORA). .He is touted to be the man with maximum number of filings in the Supreme Court. But Shivaji Jadhav would not take the moniker seriously because there is more important work to do; matters to take care of, clients to entertain and off late, his political responsibilities have ensured that his hands are full..His phone wouldn’t stop buzzing during our chat and his office always has a steady stream of visitors, some seeking legal counsel while some are from his hometown putting forth their grievances..I manage to grab some time from his day and we sit down for a tête-à-tête where he tells me more about his practice, institutional changes needed by the Supreme Court and why politics is close to his heart. Excerpts:-.Bar & Bench: Tell us about your early days in the profession. .Shivaji M Jadhav: I come from a farmer’s family in Marathwada area of Maharashtra. I studied in a Marathi medium school and did my law from ILS Pune. It was my father’s desire to put me in a good college for studying law. Though I was selected for MPSC, Deputy Collector and other government exams, it was my father’s wish that I become a lawyer. My father was a Mofussil lawyer. After enrolling, I practiced for two years in the Bombay High Court where I was lucky to find a good senior who taught us plenty about court craft, court manners, skills of drafting and arguing. He was highly impressed with my drafting; despite coming from a Marathi medium school, I could use correct grammar and draft well. I did my Masters in Law from University of Virginia in 1987-89 on a scholarship. When I returned to India, I set up my practice in Aurangabad High Court. I barely had any matters and had very few appearances. I remember being paid Rs. 50 as my first fee for a labour dispute where I obtained a stay order..One day my friends and I were sitting in the canteen, talking about the Supreme Court and discussing that we were sending at least 4-5 matters to Delhi a month. So why not send an advocate from the Aurangabad Bench to represent the cases of litigants coming from rural area, in Supreme Court? That is how I came to Delhi with Rs. 5,000 in my pocket and carrying two pair of clothes. All I had with me was a letter addressed to a Member of Parliament. In May 1991 I was appointed as standing counsel for Maharashtra..That is how I came to Delhi with Rs 5,000 in my pocket and carrying two pair of clothes. All I had with me was a letter addressed to a Member of Parliament..My senior whose style of practice I followed, often used to tell me that in the initial days money does not matter. ‘You just do the matter so that the traits of sincerity, hard work, client coordination etc. get cultivated’, he used to say. That advice helped me a lot and my friends all over Maharashtra ensured that my private practice got built up along with government work. In 1993, I passed the AoR exam. Today I have matters from every district and taluka in Maharashtra from all three [High Court] Benches..Bar & Bench: You were the Standing Counsel of Maharashtra thrice. .Shivaji M Jadhav: For government matters, the brief used to reach us at the eleventh hour. Instructions were not communicated properly from departments and we took the flak from judges for that. But such incidents enhance your confidence in tackling the Bench. Representing the State also expanded my level of interaction with the Executive branch..As a government counsel, the judges begin to recognise you. I always believed in protecting my honesty and integrity while working as a government advocate. It has happened that on a couple of instances, I did not have enough money to buy food. But even during those harsh times and as is the usual practice in lower courts (paying money to the government advocate and trading favours), the thought of making money out of my government job never crossed my mind. The Congress government had appointed me as the standing counsel and the appointment was continued by the Shiv Sena-BJP Government. During my third stint, I resigned from the post to establish my private practice. It was a risk that I took for I still had 2.5 years left in my term. In hindsight, that risk paid off..Bar & Bench: Does being an Advocate on Record restrict an advocate’s practice to the Supreme Court?.Shivaji M Jadhav: That is not necessarily true for everyone. Many competent AORs who have been elevated as High Court Judges and Supreme Court Judges, are doing extremely well. Many Senior Advocates have also being designated among AORs. PP Rao, Ranjit Kumar are other such examples..Bar & Bench: What are your thoughts on the current pattern of the AoR examination? Candidates this year complained of it being too lengthy. .Shivaji M Jadhav: I feel that the question paper format is fine. Only those who are highly competent ought to qualify as Advocates on Record. The standard of the exam has to be raised in order to keep up with the tenor of the Apex Court. In the Supreme Court, an Advocate on Record is responsible for dealing with the case at every level, be it drafting, filing, dealing with the Registry etc. The stature of the Apex Court demands competent lawyers and the exam ensures that we have a high standard for deciding what kind of lawyers should be practicing in the Supreme Court..However, I have my reservations regarding the mandatory one-year chamber practice rule for appearing in the exam. Mostly, lawyers join the chambers of AoRs with 10 years or more of experience for the sake of getting a certificate. They do not join the AoR in the true sense and the commitment to work is only limited to obtaining a certificate and nothing more. In my opinion, such practice negates the entire purpose of carving out the one year chamber practice Rule. Instead, making it mandatory for a lawyer to have fifty appearances in order to receive the practice certificate. Lawyers ought to demonstrate actual work experience of being associated with an AoR’s office..Mostly, lawyers join chambers of AoRs with 10 years or more of experience for the sake of getting a certificate..I also feel that there should be adequate recognition of competent advocates on record by way of senior designations. There should be more designations among AoRs to encourage their competency and capabilities. After all, they have sufficient experience regarding matters, appearance, arguing etc. More number of AoRs should be elevated to judgeship as well..Bar & Bench: You are president of the Supreme Court Advocate on Record Association. What are the changes the Supreme Court needs now? .Shivaji M Jadhav: First and foremost, whenever the Supreme Court Rules are framed, AoRs should be consulted. The system of having name lending AoRs should cease. Only Advocates on Record should be appointed as standing counsels and this is something that the State Governments also need to take note of..SCAORA has recently launched a welfare trust and we have managed to collect close to 2 crore rupees for the trust, with plans of generating more money. Some of the other ideas include conducting training sessions for new AoRs, imparting lessons on advocacy and court craft, all of which would assist them in building up their private practice..Bar & Bench: How do you view the relationship between the Supreme Court Bar and the Bench?.Shivaji M Jadhav: Both of them are like two wheels of a chariot that are needed for its smooth functioning! For the administration of justice, a warm relationship between both the factions is necessary. Unfortunately, Justice Kapadia’s tenure saw the office bearers of associations being turned away and not being consulted. That is a very wrong practice. The recent incident with the SCBA wherein a resolution was proposed against judges, was regrettable. The whole episode could have been handled in a different way. Even though the resolution was not put to force, but naming the judges itself was unfortunate..Having said that, we also have many judges who do not entertain arguable matters. A good point of law may have been agitated and yet the judges do not have the patience to accord a proper hearing..It is true that the work pressure on judges is immense, they have to read a lot before preparing for every matter and they have a docket of 70-80 matters listed everyday for hearing. But wrapping up court in one hour is also not correct. The legitimate expectation of the Bar is for the Bench to give us a patient hearing..The legitimate expectation of the Bar is for the Bench to give us a patient hearing..Lastly, the fees of senior advocates are very high. Normal litigants can’t afford it. In my mind, the reasoning behind this is that because judges give differential treatment to seniors, one has to engage them to get a favorable order in one’s matter. When a senior is involved in a matter, a single adjournment ends up costing the client close to 15-20 lakhs. Either more senior designations need to happen or the whole system has to go..Bar & Bench: Share with us your experience as a politician..Shivaji M Jadhav: I have always wanted to contribute in some way to my native place. I follow the motto of ‘Learn, Earn and Return’. First few years you learn, then you earn the fruits of your lessons and later when you’re sufficient enough in your space, then you should give back to the society. According to me, the lawyer community can contribute a lot to the society. So whenever they get an opportunity, they should contest elections and take an active part in public affairs..Presently, I am working on a development model in my village which has a population of around 3,000 people. The goal is to motivate the villagers and educate them on the importance of being self-sufficient. We have managed to install water purifiers to enable access to pure drinking water, we have educated them about public cleanliness and now nobody throws garbage on the road. We have also set up a gymnasium, library, pucca roads and public gardens. The village has been Wi-Fi enabled and we have distributed tablets in every household. We have also planted around 2500 trees. The concept is to educate people that ‘your development is in your hands’ and to reduce dependency on the state.
“Advocate is on Record” is a multi-part series on the leading AoR’s of the country. The first profile in the series is that of Shivaji M Jadhav, President of Supreme Court Advocate on Record Association (SCAORA). .He is touted to be the man with maximum number of filings in the Supreme Court. But Shivaji Jadhav would not take the moniker seriously because there is more important work to do; matters to take care of, clients to entertain and off late, his political responsibilities have ensured that his hands are full..His phone wouldn’t stop buzzing during our chat and his office always has a steady stream of visitors, some seeking legal counsel while some are from his hometown putting forth their grievances..I manage to grab some time from his day and we sit down for a tête-à-tête where he tells me more about his practice, institutional changes needed by the Supreme Court and why politics is close to his heart. Excerpts:-.Bar & Bench: Tell us about your early days in the profession. .Shivaji M Jadhav: I come from a farmer’s family in Marathwada area of Maharashtra. I studied in a Marathi medium school and did my law from ILS Pune. It was my father’s desire to put me in a good college for studying law. Though I was selected for MPSC, Deputy Collector and other government exams, it was my father’s wish that I become a lawyer. My father was a Mofussil lawyer. After enrolling, I practiced for two years in the Bombay High Court where I was lucky to find a good senior who taught us plenty about court craft, court manners, skills of drafting and arguing. He was highly impressed with my drafting; despite coming from a Marathi medium school, I could use correct grammar and draft well. I did my Masters in Law from University of Virginia in 1987-89 on a scholarship. When I returned to India, I set up my practice in Aurangabad High Court. I barely had any matters and had very few appearances. I remember being paid Rs. 50 as my first fee for a labour dispute where I obtained a stay order..One day my friends and I were sitting in the canteen, talking about the Supreme Court and discussing that we were sending at least 4-5 matters to Delhi a month. So why not send an advocate from the Aurangabad Bench to represent the cases of litigants coming from rural area, in Supreme Court? That is how I came to Delhi with Rs. 5,000 in my pocket and carrying two pair of clothes. All I had with me was a letter addressed to a Member of Parliament. In May 1991 I was appointed as standing counsel for Maharashtra..That is how I came to Delhi with Rs 5,000 in my pocket and carrying two pair of clothes. All I had with me was a letter addressed to a Member of Parliament..My senior whose style of practice I followed, often used to tell me that in the initial days money does not matter. ‘You just do the matter so that the traits of sincerity, hard work, client coordination etc. get cultivated’, he used to say. That advice helped me a lot and my friends all over Maharashtra ensured that my private practice got built up along with government work. In 1993, I passed the AoR exam. Today I have matters from every district and taluka in Maharashtra from all three [High Court] Benches..Bar & Bench: You were the Standing Counsel of Maharashtra thrice. .Shivaji M Jadhav: For government matters, the brief used to reach us at the eleventh hour. Instructions were not communicated properly from departments and we took the flak from judges for that. But such incidents enhance your confidence in tackling the Bench. Representing the State also expanded my level of interaction with the Executive branch..As a government counsel, the judges begin to recognise you. I always believed in protecting my honesty and integrity while working as a government advocate. It has happened that on a couple of instances, I did not have enough money to buy food. But even during those harsh times and as is the usual practice in lower courts (paying money to the government advocate and trading favours), the thought of making money out of my government job never crossed my mind. The Congress government had appointed me as the standing counsel and the appointment was continued by the Shiv Sena-BJP Government. During my third stint, I resigned from the post to establish my private practice. It was a risk that I took for I still had 2.5 years left in my term. In hindsight, that risk paid off..Bar & Bench: Does being an Advocate on Record restrict an advocate’s practice to the Supreme Court?.Shivaji M Jadhav: That is not necessarily true for everyone. Many competent AORs who have been elevated as High Court Judges and Supreme Court Judges, are doing extremely well. Many Senior Advocates have also being designated among AORs. PP Rao, Ranjit Kumar are other such examples..Bar & Bench: What are your thoughts on the current pattern of the AoR examination? Candidates this year complained of it being too lengthy. .Shivaji M Jadhav: I feel that the question paper format is fine. Only those who are highly competent ought to qualify as Advocates on Record. The standard of the exam has to be raised in order to keep up with the tenor of the Apex Court. In the Supreme Court, an Advocate on Record is responsible for dealing with the case at every level, be it drafting, filing, dealing with the Registry etc. The stature of the Apex Court demands competent lawyers and the exam ensures that we have a high standard for deciding what kind of lawyers should be practicing in the Supreme Court..However, I have my reservations regarding the mandatory one-year chamber practice rule for appearing in the exam. Mostly, lawyers join the chambers of AoRs with 10 years or more of experience for the sake of getting a certificate. They do not join the AoR in the true sense and the commitment to work is only limited to obtaining a certificate and nothing more. In my opinion, such practice negates the entire purpose of carving out the one year chamber practice Rule. Instead, making it mandatory for a lawyer to have fifty appearances in order to receive the practice certificate. Lawyers ought to demonstrate actual work experience of being associated with an AoR’s office..Mostly, lawyers join chambers of AoRs with 10 years or more of experience for the sake of getting a certificate..I also feel that there should be adequate recognition of competent advocates on record by way of senior designations. There should be more designations among AoRs to encourage their competency and capabilities. After all, they have sufficient experience regarding matters, appearance, arguing etc. More number of AoRs should be elevated to judgeship as well..Bar & Bench: You are president of the Supreme Court Advocate on Record Association. What are the changes the Supreme Court needs now? .Shivaji M Jadhav: First and foremost, whenever the Supreme Court Rules are framed, AoRs should be consulted. The system of having name lending AoRs should cease. Only Advocates on Record should be appointed as standing counsels and this is something that the State Governments also need to take note of..SCAORA has recently launched a welfare trust and we have managed to collect close to 2 crore rupees for the trust, with plans of generating more money. Some of the other ideas include conducting training sessions for new AoRs, imparting lessons on advocacy and court craft, all of which would assist them in building up their private practice..Bar & Bench: How do you view the relationship between the Supreme Court Bar and the Bench?.Shivaji M Jadhav: Both of them are like two wheels of a chariot that are needed for its smooth functioning! For the administration of justice, a warm relationship between both the factions is necessary. Unfortunately, Justice Kapadia’s tenure saw the office bearers of associations being turned away and not being consulted. That is a very wrong practice. The recent incident with the SCBA wherein a resolution was proposed against judges, was regrettable. The whole episode could have been handled in a different way. Even though the resolution was not put to force, but naming the judges itself was unfortunate..Having said that, we also have many judges who do not entertain arguable matters. A good point of law may have been agitated and yet the judges do not have the patience to accord a proper hearing..It is true that the work pressure on judges is immense, they have to read a lot before preparing for every matter and they have a docket of 70-80 matters listed everyday for hearing. But wrapping up court in one hour is also not correct. The legitimate expectation of the Bar is for the Bench to give us a patient hearing..The legitimate expectation of the Bar is for the Bench to give us a patient hearing..Lastly, the fees of senior advocates are very high. Normal litigants can’t afford it. In my mind, the reasoning behind this is that because judges give differential treatment to seniors, one has to engage them to get a favorable order in one’s matter. When a senior is involved in a matter, a single adjournment ends up costing the client close to 15-20 lakhs. Either more senior designations need to happen or the whole system has to go..Bar & Bench: Share with us your experience as a politician..Shivaji M Jadhav: I have always wanted to contribute in some way to my native place. I follow the motto of ‘Learn, Earn and Return’. First few years you learn, then you earn the fruits of your lessons and later when you’re sufficient enough in your space, then you should give back to the society. According to me, the lawyer community can contribute a lot to the society. So whenever they get an opportunity, they should contest elections and take an active part in public affairs..Presently, I am working on a development model in my village which has a population of around 3,000 people. The goal is to motivate the villagers and educate them on the importance of being self-sufficient. We have managed to install water purifiers to enable access to pure drinking water, we have educated them about public cleanliness and now nobody throws garbage on the road. We have also set up a gymnasium, library, pucca roads and public gardens. The village has been Wi-Fi enabled and we have distributed tablets in every household. We have also planted around 2500 trees. The concept is to educate people that ‘your development is in your hands’ and to reduce dependency on the state.
