Before turning into one (a very good legal professional), one ought to be
acknowledged who's a legal professional and on what deserves he ought to stand.
A legal professional is one that defines, interpret, replace and elaborates the
genuine nature substance of provisions of law – ongoing legal guidelines or
legal guidelines with a purpose to would possibly come into pressure and in no
way contempt any authority.
In the equal way a legal professional assists the administration's (may be any
court, commission or any authoritative body) in arriving at a truthful accurate
judgement.
As penned through Justice P.N. Sapru that justification the life of recommend is
that every facet to the talk ought to be in a role to offer its instances
earlier than an unbiased tribunal withinside the fine and handiest way possible.
A correct legal professional isn't who is right in pleading and drafting
however additionally correct in information the general curriculum of communique
whether or not it's far with a patron or with a judge or a few fellow
practitioners. One who can without difficulty inform or can train different
withinside as the equal way he desires to. Just like parents teach their kids
through their very own experiences.
And as in keeping with the brand-new idea which elaborates training for all and
fundamental norm of legal professional is having sufficient know-how or as case
can be or he can technique all and sundry together along with his energy of
know-how, the fundamentals of the equal may be:
- communicate certainly and optimistically to symbolize the challenge remember in
any situation,
- pay attention actively and reply correctly now no longer immediately,
- study now no longer simplest phrases however additionally expressions of
competition fluently for each satisfaction and information,
- write/draft certainly and with self-belief in any given genre,
- use spelling rules, phonics and grammar accurately, and
- be capable of proft study their very own paintings as also after make amendments
and improvements.
Objectives
This article outlines the practicality of the pleading in the legal profession,
as well as the legal ethics, defines discipline and core principles that every
defence lawyer should have.
It also emphasizes on the importance of legal language in law field for
achieving the par skills and capturing the opportunities against the facing
irrational myths rooted in legal culture, seize skills and opportunities.
It supports all the original facts, the main source of the law, and all
insertions, substitutions, changes and precedents that determine the existence
and validity of the law through experience.
A Good Defender's Disciplines
- Must be a positive thinker (the results can be imagined):
the last thing at the beginning, a good defender is always aware of the
supporting disciplines i.e., outcome, what possible solution can be taken out of
previous events?
The total beneficial decision has to be made and it can only be seen when we can
think about the outcome of a particular situation. Like the reaction of another
proverb.
- Must be a suitable communicator:
the most important attribute of a lawyer is communication. Lack of communication
can lead to drastic changes in any conversation and if a lawyer communicates
incorrectly, it does not suit its personality as he has to be transparent and
trustworthy.
Under the Advocates Act of 1961, seniority exists (sections 17 and 21 of the
Act): It exists because of understanding that leads to communication skills
while reducing the risk of conflict.
Responsibility to listen to others – the key, because we have two ears and one
mouth to interpret. Listening more, speaking less and more effectively and to
the point.
- Should be Well in Drafting:
We all are already familiar to principles and norms of a good draft i.e.,
clarity, conciseness, completeness, clear and firm thinking, logic and to the
point paras. But how to write - what words should be chosen to work out the same
thing we want?
This is known from the previous two points:
Thinking / Imagining the Results and Communicating Correctly as if we already
know that these particular words will give us a beneficial result and based on
the right communication that we know the correct facts, it is easy to choose the
cherished words. Hence, you can write best.
- Defense ability
is one of the most important characteristics of a lawyer. Adjudication of the
case depends only on the wording and statements in each case, because if the
allegations are incorrectly worded or stated, the case may become trivial or
ambiguous and lead to disadvantage.
Allegations basics:
- Defense lawyers always talk about facts, not the law, because the law
cannot be changed overnight or arbitrarily,
- It must be based on important and relevant facts, so that the facts can
be easily narrated and partially stated (Order VI, Rules) 2, C.P.C),
- Must be consistent with its meaning, and can be changed when necessary
or disputed, but does not affect the same interpretation, so it cannot be
rejected.
Satyavan Harnamdas vs. Santok Singh 1986 PLJ 531 (P&H),
Harjevan Govind Bhai vs. Sushil Kumar Mulchand, 1986 MPLJ 672.
- Good to Convince others:
In order to convince the complainant's understanding or needs in the most
convenient way, you need to have enough knowledge of the topic to make your
argument valid. For example, the seller exchanges his own assets or items for
profit and convinces the buyer that he will get what he wants.
This is not just art; it is also a mechanism for regulating the flow of desire.
Just as a lawyer persuades the judge in accordance with the law, the facts and
his ability to prove one of the decisions contribute to justice, just as the
decision itself persuades himself.
- Legal and ethical knowledge
the legal profession is bound by laws, ethics and moral standards, and
distinguishes between lawyers and normal people.
A good advocate knows all his rights and obligations,
which corresponds to the right to freedom of speech and expression, and has the
obligation not to ignore the administrative power,
the right to charge fees, and the duty to represent the client in his best
interest (client-attorney privilege).
right to represent with the obligation not to provide information for the other
party to benefit the other party's behavior,
the right to challenge with the obligation not to communicate or negotiate
directly with the other party,
the right to be recognized as a lawyer with obligation to not mis-represents
himself in regards to the colleagues (that he has been a Judge or President or
Member of Bar).
Apart from rights and duties, should be aware of the rules, regulations and
penalties for non-compliance with certain laws: The Lawyers Act 1879, the Indian
Lawyers Act 1926, the Advocates Act 1961, the Contempt of Courts Act 1971, etc.
- Understand the nature of socialization and society:
the concept of gender and the difference between sex and gender, as well as the
concepts related to equity and equality, are known to all authorities, but
lawyers know how to become part of the same society that is born or acquired in
human culture.
Socialization is one the word means social and cultural life. Continuity can
be achieved because bonds encourage active socialization, and we all know their
importance to lawyers. It provides a direct way to hold hands while promoting
social well-being and development.
Conclusion
Being an advocate is an art, everyone can't hold the same pen in identical
manner as alphabets are uniform for all but handwriting of every individual is
different and the actual wording of the statement depends on personal behavior,
which is the same in the legal field without any doubt. Anyone can become an
artist, but only a few people can become professionals; as I said, defense is an
art, but becoming a good lawyer/jurist is a mechanism in itself.
This is not to say that one is best in terms of experience, work, effort,
behavior, lifestyle and morality, named after him and created an idea that he is
close to perfection, and when he reaches that level, he will spread the aura of
the whole heaven to support his work. He becomes an integral part of this basic
infinite loop.
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