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.