Drafting (Part-1) | Justice Abhay S. Oka : How to Draft a Case? | Aor Examination 2024

Summary

In this transcript, a judge shares insights with young lawyers on drafting successful legal petitions, emphasizing the importance of understanding judges' expectations. He reveals 'secrets' to efficiently reading case files and drafting petitions that provide clear, concise information, making it easier for judges to grasp the case's substance. The judge also stresses the need for accurate translations in legal documents, suggesting the use of AI tools to enhance translation quality. His advice is aimed at ensuring lawyers' submissions are not just filed for the sake of it, but to genuinely seek relief for their clients, making the judicial process more efficient and just.

Takeaways

• 📚 Judges expect young lawyers to be well-prepared and to have thoroughly read the case files, especially when dealing with second appeals.
• 🗣️ Communication is key: Lawyers should be able to succinctly present the substantial question of law to the judge, which can signal the strength of their case.
• 👀 Judges can often discern the merit of a case by observing the body language and submissions of the lawyers.
• 📖 The purpose of drafting a case is not merely to file it but to ensure the client receives relief if they have a valid case.
• 🚫 Lawyers should avoid filing half-hearted petitions or SLPs just for the sake of it, as this can waste judicial time and resources.
• ✅ A well-drafted SLP should allow judges to quickly understand the real controversy at hand, making their job easier and more efficient.
• 📑 Including all relevant documents as annexes to the SLP is crucial for judges to make informed decisions without having to search for them.
• 🔍 The quality of the synopsis is critical; a defective synopsis can hinder the judge's ability to grasp the case's nuances.
• 🌐 The use of AI tools and software for translation can greatly assist in accurately translating legal documents, which is essential for cases involving non-English languages.
• 🔗 The Bar Association is encouraged to utilize technology and experts to improve the translation of legal documents, ensuring clarity and accuracy in court proceedings.

Q & A

What is the main expectation judges have from lawyers when drafting an SLP?

Judges expect that an SLP is drafted in such a manner that they can quickly understand the real controversy at hand. Lawyers should make the judge comfortable by including all relevant documents and presenting a clear and concise synopsis.

How many matters does the speaker claim to read daily in the high court?

The speaker mentions that they read 60 to 70 matters every day in the high court.

What is the 'secret' method the speaker uses to manage reading a large number of cases?

The speaker's secret method involves asking the lawyer about the substantial question of law for each case, which often signals whether there is any merit in the case. This helps them quickly assess the case without needing to read all the documents in detail.

Why is it important for lawyers to understand the facts of a case before drafting an SLP?

Understanding the facts of a case is crucial because it allows lawyers to draft a proper synopsis and list of dates with material particulars. This helps the judge to quickly grasp the controversy and makes the case processing more efficient.

What is the significance of annexing all relevant documents to an SLP?

Annexing all relevant documents to an SLP is significant because it provides the judge with all the necessary information to decide the case without needing to search for additional documents, thus making the process more efficient and less stressful for the judge.

What advice does the speaker give regarding the use of translations in legal documents?

The speaker suggests that lawyers should use AI tools or software for translations, ensuring that they manually compare and correct the translations to avoid inaccuracies that could mislead the court.

Why does the speaker emphasize the importance of a good synopsis in an SLP?

A good synopsis is important because it allows the judge to quickly understand the main points of the case. If the synopsis is defective, it defeats the purpose of having one and can lead to inefficiencies in the judicial process.

What is the speaker's view on the role of the Bar Association in improving legal translations?

The speaker believes that the Bar Association should take the initiative to use AI tools or software for translations and consult experts to ensure the accuracy of legal translations.

How does the speaker suggest lawyers can improve their efficiency in handling a large volume of cases?

The speaker suggests that lawyers can improve their efficiency by using AI tools for translations and by being meticulous in drafting SLPs, ensuring that all relevant documents and a clear synopsis are included.

What is the speaker's advice for young lawyers regarding the approach to filing cases?

The speaker advises young lawyers to file cases with the objective of providing relief to the client if they have a good case, rather than filing for the sake of it. They should ensure that the petition is complete and all relevant documents are annexed.

Outlines

00:00

📚 Insights on Drafting Legal Applications

The speaker, an experienced judge, shares advice with young lawyers on how to draft effective legal applications, specifically Special Leave Petitions (SLPs). He emphasizes the importance of understanding what judges expect, which is clarity and efficiency in the presentation of cases. The judge reveals that despite being able to read numerous cases, the key to efficiency is asking the right questions to quickly assess the merit of a case. He also stresses the importance of including all relevant documents and a proper synopsis to help judges quickly grasp the case's substance. The ultimate goal, according to the judge, is not just to file a case but to ensure the client receives relief if they have a valid claim.

05:01

🔍 The Importance of Proper Drafting and Translation

Continuing the discussion on legal drafting, the judge highlights the necessity of a well-crafted synopsis and the inclusion of all pertinent documents in an SLP. He points out that a defective synopsis defeats the purpose of providing a concise case overview. The judge also addresses the issue of translations in legal documents, noting that incorrect translations can mislead the court. He suggests that lawyers should use AI tools and software to aid in translation, provided they verify the accuracy of the translations. The judge concludes by urging the Bar Association to adopt these technologies and ensure that all documents, including translations, are accurately represented in legal filings.

10:03

📖 The Role of Translation in Legal Proceedings

In this segment, the judge focuses on the critical role of accurate translation in legal documents, particularly in SLPs where the interpretation of non-English documents is crucial. He underscores the responsibility of the Advocate on Record to ensure that all translated documents are correctly filed. The judge warns that incorrect translations can frustrate the judicial process, as judges rely on these translations to understand and adjudicate cases. The emphasis is on the advocate's duty to provide accurate and properly translated documents to facilitate a just and efficient legal process.

Keywords

💡Drafting

Drafting in the context of the video refers to the process of preparing legal documents, specifically Special Leave Petitions (SLPs) and applications. It is a critical skill for lawyers as it involves structuring arguments and presenting facts in a clear and persuasive manner. The video emphasizes the importance of drafting in ensuring that judges can quickly understand the crux of a case, as exemplified by the judge's expectation of a well-drafted SLP that succinctly presents the real controversy.

💡Substantial Question of Law

The 'substantial question of law' is a legal term used in the video to describe a significant legal issue that needs to be addressed by a higher court. It is a criterion for the admission of an appeal or petition in higher judicial forums. The video uses this term to illustrate the judge's approach to quickly identify whether a case has merit by asking this question at the outset of a hearing.

💡Second Appeals

In the video, 'second appeals' refers to the legal process where a party dissatisfied with the decision of a lower appellate court seeks further review in a higher court, such as the High Court. The video mentions handling second appeals under Section 100, which likely pertains to a specific legal provision governing this process. The concept is used to highlight the volume of cases a judge might review and the importance of efficient legal practice.

💡SLP (Special Leave Petition)

An 'SLP' or Special Leave Petition is a legal term used in the Indian judicial system, referring to a petition filed in the Supreme Court for the exercise of its discretionary powers to hear an appeal against a high court judgment. The video underscores the need for SLPs to be drafted meticulously to facilitate a judge's understanding and expedite the judicial process.

💡Annexes

In the context of the video, 'annexes' refers to the documents or evidence attached to a legal petition or application to support the claims made within it. The video stresses the importance of including all relevant annexes with an SLP to aid the judge in making an informed decision, as it directly impacts the judge's ability to assess the case's merits.

💡Synopsis

A 'synopsis' in legal drafting is a summary of the case's facts and issues. The video highlights the necessity of a well-crafted synopsis in an SLP, which should provide a clear and concise overview of the case to assist the judge in quickly grasping the core issues. The judge in the video expresses a preference for synopses that are detailed and facilitate a swift understanding of the case.

💡Condonation of Delay

The term 'condonation of delay' is used in the video to describe the legal process of seeking permission from a court to accept a late filing of a document or petition. The video mentions this in relation to the drafting of applications, emphasizing the responsibility of lawyers to ensure that their filings are timely and, if not, to justify the delay to the court.

💡Judgment

A 'judgment' in the video refers to the decision of a court regarding the matters before it. The video mentions reading judgments from both the trial court and the appellate court to understand the case fully. The term is central to the discussion on how judges review cases and the importance of providing comprehensive documentation to support the petition.

💡Legal Wizard

The term 'legal wizard' is used metaphorically in the video to describe a lawyer with exceptional legal knowledge or skills. It is used to contrast the theoretical knowledge of law with the practical challenges of case management, such as the judge's ability to review a large volume of cases efficiently.

💡Translation

In the video, 'translation' refers to the process of converting legal documents from one language to another, which is crucial for cases involving documents in languages other than the court's primary language. The video discusses the challenges and importance of accurate translations, suggesting the use of AI tools to assist in this process to ensure that judges can understand and interpret the documents correctly.

💡Material Documents

The term 'material documents' in the video refers to the essential documents that are directly relevant to the case at hand. The video emphasizes the importance of annexing these documents to the SLP to provide judges with the necessary information to make an informed decision, as the absence of these can lead to delays and additional work for the court.

Highlights

Judges expect young lawyers to understand what is expected from them in court.

The importance of reading judgments thoroughly to understand the case.

The secret to handling a large caseload by focusing on the substantial question of law.

The value of a well-drafted SLP (Special Leave Petition) for a lawyer's success in court.

The need for lawyers to make judges comfortable by providing all necessary documents.

The expectation of judges to quickly understand the real controversy in an SLP.

The impact of not annexing material documents on the outcome of a case.

The role of government orders and their interpretation in certain cases.

The necessity of proper drafting and including all documents in an SLP.

The importance of a well-prepared synopsis for a case.

The significance of listing dates and events with corresponding document references.

The role of translation in legal proceedings and the challenges it presents.

The use of AI tools and software for accurate legal translations.

The suggestion for Bar Associations to use AI for translation to improve court proceedings.

The need for lawyers to ensure translations are accurate for the judge's understanding.

The impact of incorrect translations on the success of an SLP.

Transcripts

there are questions asked to you on

drafting you are supposed to draft some

leadings applications slps in your

exam so I told them that I will

uh tell the young lawyers what judges

expect from

them and in the

process maybe few little secrets I'll be

diverging to you I remember long back I

was in orad bench of Bombay high court I

had a long sitting then I was invited to

address uh young lawyers who are

recently joined practice those who are

practicing up to 5 years and there was

interactive session so one uh I was

taking an assignment of second appeals

under section

100 so one lawyer asked me young lawyer

sir how you are able to read 60 matters

70 matters every day second is always

difficult in high

court I said I will not diverse many

secrets so I told uh young lawyer you

know you may be a legal wizard but if

you want to read judgments of both the

courts trial court and district court

you won't be able to read more than uh

30 35

matters but I di the secret if I read 40

matters on a particular day if 41st

matter is called out first question

which I would naturally put to the

lawyer is yes Mr what is the substantial

question of law the lawyer is under

impression that I have read that

therefore Li say Sir only two

submissions then I sit down so I get a

signal that there nothing in the second

appeal and with our experience sometimes

you know we can read from the body

language of the lawyer also whether he

has any uh Merit in the case so in the

process of having dialogue with you I

may share some Secrets

also see ultimately why you file why you

draft a case it may be SLP it may be

repetition under article 32 it may be a

suit on the original side it may be a

delay condonation application see

ultimate object is not only to file it

because client comes to you and pays you

the fees the ultimate object

is that if possible if your client has a

good case the client must get some

relief from the

court so nobody should be filing it for

the sake of filing it should not be the

approach that look client has come to me

uh he has given me few documents only

impute judgment is there there are no

other documents so you are not expected

to file a half B petition half B

SLP see ultimately what judges

expect you know nowadays there are on

Friday Monday and Friday there are 60 65

70

matters so we are Judges when we sit

with those

files either on Thursday or Saturday or

Sunday we all that we expect is that SLP

is drafted in such a manner that within

no time we are able to understand what

is the real

controversy that's our expectation

ultimately uh if you file a proper SLP

containing proper

annexes that put that puts the judges at

ease because we know everything now day

in and day out I see

this now for example SLP is filed which

arises out of a criminal appeal

and every uh Thursday and Sunday we read

the matter and sometimes the entire

issue revolves around deposition of one

or two

eyewitnesses if you read if you uh go

through the Judgment of the appelate

court that is the high court all that we

need to see is deposition of two

witnesses but if those two depositions

are not on record then you are putting

the judge under more stress then we go

to the trial court we try to find out

what is the finding of the trial court

so therefore it is not enough that you

have copies of the imputed orders and

you uh uh file a petition other day I

dealt with SLP there are two bulky

judgments 50 uh 50 pages by trial court

35 Pages by district court and around 40

pages by high court now what was the

issue

involved whether the document which is

subject matter of the suit was uh a

conditional sale or mortgage

you know now law is so settled right

from Chun chuna and other cases is

settled but if we don't have that

document Annex to the SLP how we are

going to

decide we we'll read judgments of the

three courts by spending time or at

least two courts or at least high court

for that matter but if you don't anex

that document how are we going to decide

the

matter case after case I see this that

material documents are not annexed in

many cases which arises which arise out

R jurisdiction there are government

government orders in some State they are

called as some states there are

government resolutions whatever name

there are government orders executive

orders the entire case is based on

interpretation of government

orders but those copies are not

annexed so ultimately if you want want

see ultimately if you want relief from

the judge you must make the judge

comfortable and therefore there has to

be a proper drafting all documents must

form part of your SLP or your for the

matter repe under article

32 I one more area where I think lot of

improvement is needed where you must

apply your

mind you know what if you have to read

35 40 matters then you can be very

meticulous you can go through each and

every page but if you are required to

read 70 matters every

weekend then if your synopsis is

defective the very purpose of having

synopsis is defeated

so before you file SLP you must be fully

conversant with the facts of the case

only if you have fully studied the

matter then you'll be able to draft

proper

synopsis I can tell you from my own

experience as a judge I'll be completing

20 years of judgeship two high courts

and now Supreme

Court at judges we feel happy if we feel

relaxed if there's a proper synopsis and

proper list of dates which gives all

material particulars not only uh the uh

statement of dates and events but

against every date if you mention in the

bracket where you'll get that particular

document

now in most of the cases the way SLP is

filed we don't look at the synopsis

because we find that in After Case After

Case the synopsis is very defective now

please Place yourself in position of a

judge if you have a very meticulously

drafted synopsis

the judge will be able to understand

more quickly what is the

controversy see

ultimately you must think on these lines

that today client has come to me he has

paid me money he wants me to file SLP or

he wants to file SLP with application

for condonation of

delay your first object should be that

you will file the case in such a

manner which will make out some point in

fav of your CL land and which judge will

be able to appreciate now you can do

that provided your petition is complete

all relevant documents have been

annexed on this aspect I want to make

suggestion to even the uh to the uh

Association now serious issue which we

see in Supreme Court or maybe in high

courts also now is issue of translation

the translations are incorrect sometimes

they can be

misleading but now I I want to share

something with you I mean the lawyers

have capacity to do what I'm going to

suggest I have been made chairman of the

committee uh which monitors translation

of uh judgments of the Supreme Court

into Regional languages or translation

of judgments of the high court in their

own local

languages last three months I have been

working on that then I have suddenly

realized that there are so many good

softwares available either paid or free

there's a bashini software developed by

Nic there's one software which is paid

software Cas mine Google Microsoft

everybody has these

softwares and if you start using those

softwares of course uh you can't simply

rely upon that

translation but what you have to do is

what we are doing when we are

translating the judgments of the Supreme

Court into Regional Languages by using

that software that job of translation

whatever AI tool whatever software you

use it takes four to 5 minutes to

translate four to five minutes to

translate about 300 Pages even less than

that

then all that you are required to do is

you are required to only manually

compare whether translation is correct

and those who are working in the field

they tell me that more and more work you

do on a particular software

automatically the legal glossery is

uploaded into

software in fact it's quite easy I mean

you can consult some expert that uh if

you want to translate something from

Hindi into uh

English now there are softwares where if

you can upload the legal glossery into

Hindu into Hindi

glossery which can be translated into

English it becomes very easy so I think

Bar Association must take help of

experts now and start using AI tools or

software for translation so coming back

to the point if you are translating a

particular document if you are filing

translation for example the in SLP there

dispute about interpretation of the

will and where the court is required to

read the will if the translation is not

proper then the whole purpose of filing

SLP is frustrated because we as a judges

we immediately notice that there is

something seriously wrong with the

translation I may not be conversent with

uh many languages I can read Hindi I can

read marati to some extent I can read

Gujarati but if it is in other languages

we need

translation so as Advocate on record it

is essential part of the drafting that

you must file properly translated

documents