JUSTICE MATHUR: PERSONALITY DEVELOPMENT OF A LAWYER

PERSONALITY DEVELOPMENT OF A LAWYER

Meaning of “Personality” of a Lawyer:

The Moment someone Introduces You that You are a Lawyer, Everybody becomes Conscious and Careful.

Because the Lawyers have Build Up such a Great Image in the Society by fighting for the Causes of Citizens that Each Member of Society understands the Worth of an Advocate.

This Image of Lawyer as an Individual and also as a Class, brings Respect to the Individual Lawyer and Respect to the Lawyers as a Class.

But to Enjoy this Respect & Regard in the Society, We the Lawyers have to develop Our ‘Personality’ in such a Way that Each Member of Legal profession Individually & Collectively Behave within the Parameters and Boundaries established by Our Predecessor Legal Luminaries.

The Main Objective of Human Being is to Earn Money for his Livelihood and Legal Profession can’t be Described as Different, but the Code of Conduct of ‘Dispassionate Detachment’ with the Litigation has made it a Nobel Profession, because We Lawyers fight for the Causes of Citizens of Our Country, with a view to bring Harmony in their Sour Relationship, through settlement of their Disputes and by still remaining Unconcerned with the Result or Outcome of the Fruits of Litigation.

This feeling of ‘Detachment’ with the end Result of the Litigation and non-sharing of the Fruits of Litigation with the Suitor or Petitioner, makes this Profession Nobel and the Lawyer a Gentlemen.

We Lawyers undergo Legal Training and Acquire Legal Knowledge by studying hard for Long Number of Years and when a Client engage Us, We simply Offer Our Expert Services, on mutually agreed Remuneration and do not Work for Him as his Employee, that’s why it is said that a Client Engage a Lawyer and not Hire Him. That’s the Beauty of Profession.

“Lawyers Personality” Consist of Four Components

Perception, Preparation, Presentation and Persuasion

(1) PERCEPTION OF LEGAL PRINCIPLES

(2) PREPERATION OF THE BRIEF

(3) PRESENTATION OF THE MATTER BEFORE LAW COURTS

(4) PERSUASION WHICH IS THE REAL ART OF ADVOCACY

(1) PERCEPTION OF LEGAL PRINCIPLES

The Basic and foremost requirement for a Lawyer is to have a very Clear Perception of the Principles of Law.

While passing Law Examinations, the Knowledge is restricted to the prescribed Course Curriculum, whereas Legal Profession requires their practical application to the Facts of the Case.

Because unless Your Fundamentals are Completely Clear, You will not be able to Understand & Comprehend, the finery of the Litigation.

Therefore Reading of Laws and Learning their Practical Application is the most important aspect of Personality Development of a Lawyer.

And For achieving Excellence in developing ‘Perception of Law’, One can Do hard Labour Himself, or can take Assistance of his Law Teachers or can Join Office of any Practicing Lawyer.

(2) PREPERATION OF THE BRIEF

The Moment a Legal Brief is assigned to You, or You are Engaged in it by a Client, quickly go through the pages and Arrange the File.

The sequences of arranging a Case File are prescribed in High Court and District Court Rules and remember they are quite different for Civil & Criminal Cases. I am confident that all of You must be aware of the method of arranging a Case File.

Thereafter One should Note Down the Chronological Dates & Events to Understand the Facts of the Case and while reading the Papers, You would come to know as to what are the Points involved in the matter and then You can find out Supporting Case Law to advance your submissions etc.

Thorough Preparation of the Case Builds Confidence in a Lawyer and when this Confidence exhibit in Your Personality, You feel like a Strong, Capable Lawyer, who could Examine and Cross Examine a Witness and Argue the Matter, without any Fear.

Most of Young Lawyers have to initially encounter ‘Fear’ while handling their Initial Cases. I don’t say it`s Unusual. It happens with everyone. But to Overcome such Fear factor, One has to Study the Brief Thoroughly and gather Courage to Exhibit His or Her Best, by Speaking Up the ‘First Sentence’ or ‘First Question’. If You have prepared the Case well, You will quickly Overcome ‘First Day Fear’.

First Day Appearance in Court

(i) Even after developing so many skills, When a New Entrant makes his First Appearance in a Court of Law to address the Court, in his Own First Brief, Most of Us have felt……..

(ii) As if …We Now Know Nothing……The Palms Perspire and Legs Tremble…..Throat gets Choked Up…We feel as if Our Legs are sinking to the Ground and Words are Leaving Our Company.

(iii) But don’t Worry, it happens with Everyone On Day One and Then its All a matter of Routine. So Be Brave. Make Your Beginning.

When this question was asked to Mahatma Gandhi he said;

It feels “Like a Newly Wed Bride enters her ‘In Laws House’.

(3) PRESENTATION BEFORE LAW COURTS

Presentation of the Matter is the Real Test of the Skills of a Lawyer; therefore You should be very Careful and Cautious at this point of Time.

Just Remember that before the Court of Law, it is not Only the Facts of the Case alone which are Relevant, but all kinds of qualities of Your Personality would be required to be utilized. Therefore before the Turn of Your Case comes or it is Called On for Hearing, Re-read Your Brief Notes of Case, Collect Your Own-self and Stand Up for the Show.

Before proceeding to Open Your Case, do keep in Mind that the Judge is a Human Being like You and Me, and He has also got peculiarity of his Working and Temperament, therefore Observe it carefully and then Proceed.

Although Some People call Litigation a Game of Chance these Days, but just keep on Opening Up Your Good and Better Points, One by One and allow the Judge to Understand the Matter, from Your point of view and make an Effective Presentation of the Case, with the exhibition of the Confidence of Your Personality.

(4) ART OF PERSUASION

The Art of Persuasion is the most important aspect of the Personality of a Lawyer, because due to Your Persuasion skills, You can not only Influence and Turn the Thought Process of the Judge, but You can Influence the Result of the Litigation, with Your mannerism of Persuasion.

For Developing Art of Persuasion some Tips could be Useful.

(1) Read The Mind of the Judge

Try to Read the reflexes of a Judge. How he react to a Particular Problem. And How he Decide that Problem or case. And then Ask yourself if you are the Judge what would you do? What would be Ur opinion or Judgement ?

(2) Read the Mind of Your Opponent

Observe Your Opponent Counsel. How does he present his Case ? How does He Argue ? And how does He think about the same Matter ? And then again adjust Your Strategy to meet his Strategy.

3) Be Courteous to the Court

Whenever You make Your submissions, be always Polite and Respectful and always use a Decent Language. Particularly when a Judge puts You a question, try to Understand it first, Hear it fully and Then Answer it or Humbly submit that some Time may be given to Answer the query or Take Time to deeply think about the Exact Answer and then Answer.

4) Be Fair to the Court and Trustworthy

When You always make your submissions in a sincere manner and answer the queries made by the Court correctly, You Earn a Reputation of a fair and Trustworthy Lawyer. That image makes You Famous.

5) Always Make Submissions, around the Facts of the Case

Whenever You make submissions about the Case, it should be concerning the actual Facts of the Case and there should be no mixture of facts or misrepresentation of Facts, because the moment Your Opponent would Open his Arguments, He would attack You First and make You blameworthy of presentation of Incorrect Facts.

6) Never make Concealments from Court

This is the most important aspect of “Persuasion” that One should never indulge in Concealment of Facts or Material Facts from the Court, because it dilutes or rather Corrupts the Purity of Power of Persuasion of a Person and Create a feeling of Doubt in the Mind of the Presiding Officer of the Court, as to whether He should Trust the Lawyer Blindfoldedly or should Check Up from Record about the Correctness of the Submissions made. If You always never make Concealment from Court, You will see that Your Power of Persuasion has increased.

7) Cite Appropriate Case Law or Citations

When a Lawyer makes good research at the time of preparation of the Case, He finds such Case Laws or such Judgements, which throw adequate Light on the Case in Hand and that becomes the most important Factor, in balancing the Scales of justice. Therefore always Search for the most appropriate Judgement of the Superior Court and then Cite it during Your Arguments. That would have immense Persuasion Impact on the Court.

How to Develop a “Lawyers” Personality ?

(i) Personality means Individual Performance in a particular Profession viz. Doctor, Engineer, Lawyer etc.

(ii) Professionals are involved in different fields and adopt such Traits, which suits to their Profession Best.

(iii) A Lawyer has to be Analytical and Dispassionate; therefore he has to develop such skills which highlight such qualities in his Personalities.

(iv) Legal profession is a Nobel Profession, therefore each lawyer has to Paint the Canvass of his Personality, within the frame of Nobility.

What are the Tools or Pride Possessions of a Lawyer ?

(i) Knowledge of Language

(ii) Knowledge of Law

(iii) Knowledge of Human Nature & Behavior

(iv) Reading Habit Develops Horizons of Thinking

(v) Develop Professional Skills to achieve Excellence

(vi) Humor, Wit, Sarcasm

(vii) Openness to New Ideas, Ideologies and Interpretations

(viii) Participation in Seminars and Legal Work Shops

(ix) And Above All Self Confidence

Make Selection of Your Own “Role Models” ?

(i) Renowned Lawyers of Supreme Court, High Courts & Trail Courts

(ii) Famous Judges of Trail & Appellate Courts

(iii) Excellent Orators, Writers and Philosophers

(iv) Freedom Fighters & Whistle Blowers

Character, Behavior & Relationship with Clients & Colleagues ?

(i) We find variety of Good & Bad people

(ii) Good bring Repute an Bad bring Disrepute

(iii) Don’t get Identified with the Interest of Client

(iv) Respectful and Caring Attitude (Care, Compassion)

(v) Absolute Transparency

(vi) Compassion for Social Cause makes One Humble

(vii) One must involve in Social Activities

(viii) Develop Loyalty & Trustworthiness in Personality

(ix) Up-dation with Daily Developments

(i) Knowledge of day to day Affairs

(ii) Up-dation of Legal Knowledge

(iii) A Lawyer is “Jack of All”……and Master of None (Master of Some)

(x) Involvement in Sports Activities develops Personality

(i) Victory & Defeat are daily routine of a Lawyer

(ii) Temperament of a Sports Person Helps effectively

(iii) Sports generally bring Body in Shape and Soul in Order

The New Generation Believes In Looks

(i) Legal Profession is founded on Skills & Knowledge

(ii) Looks and Appearance don’t matter Much, either for the Lawyer or the Litigant, because at times they are Deceptive

(iii) Generally the New Generation believe in Charming Up the Exterior, but Legal Profession requires Polishing of Skills & Knowledge

(iv) People say Don’t Compare Beauty with Brains and Vice versa

Famous Hollywood Beauty Merlin Monroe proposed George Bernard Shaw by saying that Our Offspring would be as Beautiful as Me and as Intelligent as You. To which G. B. Shaw replied that We may have Children as Ugly as Me and as Dumb as You.

(v) New Generation is Modern, Attractive, Good Looking, Charming, Handsome, Beautiful, so should their Thoughts and Actions

(vi) Equip Yourself with Knowledge of Law to be Successful in Life so that the Time may record Your Contribution in the History of this Noble Legal Profession

(vii) It reminds Me of a Famous inscription on the Foot of the Pedestal of the Statue of Chief Justice Chagla, situated at the Entrance of the Mumbai High Court ,

“A Great Judge, A Great lawyer

And above all else, A Great Human Being”

(a) Develop and Inculcate Good habits in Yourself in such a manner that the entire World and People around You may remember You as A Great Human Being.

To sum up;

Therefore “Personality of a Lawyer” could be Summarized as

(i) Loyal, Dependable, Trustworthy, Righteous

(ii) Knowledgeable, Intelligent, Scholar, Philosopher

(iii) Sharp, Quick, Attentive, Alert

(iv) Humble, Honest, Courteous, Caring, Emotional

(v) Innovative, Interpretative, Open to New Ideas & Ideologies

(vi) Nobel, Magnanimous, Honorable

(vii) Ambitious, Skillful, Articulate, Observant

(viii) Progressive, Modern yet Orthodox

(ix) Full of Humor, Wit and at Times Sarcasm

(x) Possess the Quality of an Actor, but not a Dramatist