Think Like a Judge & Not Like a Lawyer | Senior Advocate Naveen R. Nath | Experiences
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- เผยแพร่เมื่อ 3 พ.ย. 2024
- A Supreme Court practitioner must always bear in mind that you have to address a court that is already prepared in the case. You should therefore develop the ability to think like the judge and not argue like a lawyer.
Unless you are able to see what the judge looks forward to and how the judge will approach a particular matter, you will never be able to get the desired result. So the ability to think like a judge is a very, very essential skill, and that helps you understand to what is your best point to be put forth.
If you think like a lawyer - You are bound to fail. Because, you only see your point of view, whereas this court does not merely look at your point of view. The court has a very objective approach. It has a neutral approach to the case, and unless you are able to appeal that to a judicious mind, and that judicious conclusion and you are able to tell the court that “yes, this is how it should be, but please see this, is this is not so..”. Then you have made your point.
So the ability to put yourself in the shoes of the Supreme Court judge is a very, very, essential skill that a lawyer should possess for practicing in the Supreme Court.
Never overstate your case. Be upfront and honest.
The other very important aspect of practicing in the Supreme Court is to be always conscious of time. You must not argue more than what is necessary. Never overstate your case. When you have to answer to the court (& if you have to answer to the Court), answer the point and answer truthfully. Never beat about the Bush. The court appreciates fair counsel more than anything else.
The ability to be upfront with the court. Be honest, be accurate, be to the point. Never make a misleading statement. Answer the court straight and never try to divert or give a misleading statement. These are other attributes of a good practitioner.
You should realize that cases will come and go, but you will remain a practitioner of this court. If you earn the trust of the court, it will take you places. It will earn you a personal reputation as being a credible and honest lawyer. And also a good lawyer.
Ultimately, what matters is the fact that the court believes in your reputation. Your reputation is important.
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Sir what's substantial question of law..??