Drafting (Part-1) | Justice Abhay S. Oka : How to Draft a Case? | Aor Examination 2024
Summary
TLDRIn 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
📚 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.
🔍 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.
📖 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.
Mindmap
Keywords
💡Drafting
💡Substantial Question of Law
💡Second Appeals
💡SLP (Special Leave Petition)
💡Annexes
💡Synopsis
💡Condonation of Delay
💡Judgment
💡Legal Wizard
💡Translation
💡Material Documents
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
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