Proficiency in English, anger management and other tips by Fali Nariman to become a good lawyer

Senior Advocate Fali S Nariman shared his wisdom on Thursday on the topic “Becoming an Advocate” at the inaugural lecture of the online lecture series organised by Indian Law Institute, Kerala..In his lecture, Nariman gave useful tips on advocacy which could enable young lawyers and law students to establish themselves in the legal profession..Nariman emphasised on the importance of learning and being proficient in English to establish a good legal practice.He said that origins of Indian law remain English and all important constitutional concepts of liberty, equality and justice are in English.Importantly, he said that English is not a foreign language anymore but is one of the two official languages of India."You must remember that English is not a foreign language, it is one of the two national (official) languages of India. Therefore, the first thing you must do is improve your knowledge and proficiency in English by reading. It is to give you an opportunity to establish yourself because the law in India is and will remain English in origin, all the great concepts are Anglo-Saxon."."Once a student of law, always a student of law," said Nariman to highlight how learning is a continuous and never ending process in the field of law. Advocates must keep themselves updated on Indian case laws to be useful to their seniors, he opined."You have to remember that once you become an advocate, you become a student of law for life. Whether you sit in a law firm or you work in an office for an advocate or even when you begin to practice, even when you also become a judge.".Nariman also said that a junior lawyer should not depend on fixed monetary compensation/ stipend paid by the senior. "The worst enemy of hard work is a fixed monetary reward," he stated. Nariman was of the opinion that a stipend would cause young lawyers to lose incentive. "Of course, if it is necessary for your survival, take the stipend but don’t depend on it forever because you are then you are in the position of an employee or an office clerk. You will soon begin to work less and less, only in office hours and then in company of other lawyers you will begin to complain how poorly you’re paid.".Nariman also emphasised on the ethical duty owed by lawyers to Court. In this regard, he stressed that if a proposition has been previously adjudicated upon, it must be brought to the Court's attention even if goes against one's case. "As a lawyer, it is your duty to bring to the notice of the court a case already decided on the point. You may then distinguish it but cite it you must. Never cite an overruled case," he said. .While sharing some tricks of the trade, he said that the tone of a lawyer while advancing arguments plays a key role in deciding the strength of the contentions."Never exaggerate in Court. Argue in low key. Avoid rhetoric and don’t be too smart and for God’s sake, at this stage, avoid being funny in court! You will be stigmatised as flippant." Importantly, a lawyer should never display his anger inside a court room."Never show irritability in court. Leave your anger and all the vitriol it comes with, outside Court," Nariman underscored.."Learn to lose with dignity," he said adding that criticising the judge who decides a case is ill-advised. If a lawyer must say something, it should be said in open court, in appeal and never outside a courtroom."Don’t jump to conclusions about the judge hearing your case. The entire edifice of our legal system exists on the basis of mutual good faith between the bench and bar.".The Senior lawyer also asked lawyers to exercise utmost caution when speaking to media, emphasising that lawyers should never speak about a case in which he/ she is appearing. "It smacks of cheap publicity and is unfair to the judge. If the judgment needs to be criticised, such criticism will be appreciated when it comes from disinterested quarters," Nariman said..Finally, Nariman urged young advocates to refrain from complaining about inadequacy in time allotted to them for arguments, stating that by doing so the lawyer is exposing his incompetence..Video Courtesy: Livelaw[Read account of entire lecture here]