Friday, 28 August 2020

Benefits of pursuing a Career in The Field of Law

Law is one of the most respected domains around the globe. To enter this domain in India, you need to take admission in one of the law universities in India. If you are having doubts about why you should pursue law, then this article would be beneficial for you. 

In it, we are going to understand a few benefits you get when you pursue a career in the field of law. Some of them have been listed below:


It enhances your skillset- 

 When you study law, you get a detailed understanding of the legal procedures, critical thinking, logical reasoning skills, skills of an enquirer and investigator, analytical skills, to name a few. 

It helps you in day-to-day activities involving legal procedures, legal documentation, and contracts. Furthermore, it assists you to understand clauses, terminologies and legal language. With this ability, the chances of people fooling you at government and judicial organizations go for a toss. 

These skills can be enhanced by theory knowledge provided by the college and by practising them manually. Ways like playing brain games, reading books, taking part in debates, volunteering and working in law firms and training courses are used to enhance the skill sets.


Builds reputation in society-

Working as a lawyer or being in the position of a judge (in-district, sessions, high court or the supreme court), you get recognized by people from various industries and sectors. Thus helps in building your reputation in society. 

In the judicial system, if you want to build a good reputation, you need to focus on minute details, be interrogative and intrigued towards the case undertaken. Lawyers are known for what they speak. Therefore you should be clear, have evidence of what you are stating and carry a good character. This will help you to build a strong reputation.


Develops your confidence-

In this career, students are intrigued, have a habit of focusing on the pros and cons of every decision. Moreover, they have to argue based on the evidence and proofs available with them related to the case. This habit of doing argument and detail analysis builds self-confidence and strengthens self-esteem. It also enhances other soft skills like communication skills, presentation skills, etc.

To boost the confidence in yourself, you need to proactively take part in debate competitions, elocution, case study analysis, to name a few. This will help you to enhance communication and will help you to speak fearlessly.


It has abundant career opportunities-

Last but not least, the field of law provides career opportunities for you in diverse areas like public and community sector, judges, barristers, politicians, academics, solicitors in leading law firms, to name a few. To get a job, you can manually apply from the job portals, by referrals of family, friends, teachers and colleagues. Moreover, there are campus placements where one can grab the best job offers.

If you are willing to get into the judicial system and contribute to the betterment of the nation, then the law is the right field for you. There are best law colleges in Ahmadabad or elsewhere where you can get the right guidance, opportunities, learning and job prospects.

5 Interesting Myths And Facts Related To Law You Must Know

 Being a law aspirant, you might have come across a lot of information and rumors regarding this field. You might have heard things such as that the law is all about politics, argument, and bribes. Some might have given you a strange look when you discussed your aspiration of becoming a lawyer, and so on.

But the reality is that the best law colleges in Ahmedabad or any other city produce many lawyers each year, who are serving the country and abroad. 

Today, we'll help you clear out some myths related to the law that will undoubtedly give you a more realistic picture of your dreams. 


MYTH 1: You need to have law as your first degree to become a lawyer.

FACT: How can you become a lawyer without having a first degree in law, right? But guess what! You can study different subjects or maybe choose another field and can still become a lawyer. 

You need to have a diploma certificate in law, and you are good to go. Having a first degree in law is more advantageous in terms of employability, but you can still fulfill your dreams by a diploma in law too. 


MYTH 2: It's a Men's field

FACT: Many young girls who aspire to become lawyers sometimes get demotivated seeing that majority of the population in this field is of men. The fact that most top positions in this field held by men further distort the perception of a female candidate aspiring to become a lawyer. 

But now, the scenarios have changed. The intake of female candidates in law schools has almost doubled in comparison with the previous decade. Females are holding up some top positions in this field too. 


MYTH 3: Always a winner

FACT: This myth acts as an eye candy of law aspirants who hear the success stories of some famous lawyers. Law is a field where reputation can be built quickly by winning cases, but it's more like a house of cards. One wrong move and your fame might vanish. 

So, it's not about the victory that makes a person winner, its about the intelligence and experience that comes with time matters.     


MYTH 4: You are backed up with a job as soon as you complete the course.

FACT: You might have heard that once you complete a law degree, you have a job in your hand with a variety of sectors to choose from. 

A law degree provides certain skill sets, including logical thinking, research, public speaking aptitude, and problem-solving. However, both lawyers, as well as non-law employers, will not greet you with open arms unless these abilities are perfectly honed. So, not only the degree will let you get the job, but it's your knowledge too that will make you employable. 


MYTH 5: Setting up your firm is almost impossible.

FACT: A common misconception about being a lawyer is that starting up your law firm is an unrealistic dream and requires a considerable amount of investment. 

Starting anything new involves cash; however, in this case, you will achieve success by gaining experience and maintaining contacts. Its a time taking process to settle down with your venture, but rewards are incredibly high. So don't lose hope. 


With the above facts, we hope that some of your doubts regarding the law field must have gotten clear.  

If you are willing to become a lawyer, then you can enroll yourself in some of the top law colleges in Ahmedabad and other parts of the country to become a qualified professional.

Latest Developments in Law

Everything requires change. Similarly, developments in the legal system of India is mandatory for providing a better solution to the problems of the citizens of India. Many LLB colleges in India are now emphasizing on teaching and introducing these new developments in the curriculum.

In the last year, there were few laws/ bills introduced in the Parliament and the same were amended as well. Some of them have been listed below:

  • Citizenship Amendment Bill: As per the CAA, Hindu, Christian, Buddhist, Jain, Sikh and Parsi travelers who have entered India illicitly that is, without a visa-at the latest December 31, 2014, from the Muslim-lion's share nations of Pakistan, Afghanistan and Bangladesh and have remained in the nation for a long time, are qualified to apply for Indian citizenship who have lived in India without documentation. They will be conceded quick track Indian citizenship in six years. So far 12 years of home has been the standard qualification necessity for naturalization.
  • The Jammu and Kashmir Reorganization Bill: The Jammu and Kashmir Reorganization Act, 2019 is a demonstration of the Parliament of India containing arrangements to reconstitute the Indian-controlled province of Jammu and Kashmir, a piece of the bigger district of Kashmir which has been the subject of question among India, Pakistan, and China since 1947, into two Indian-regulated association domains called Jammu and Kashmir, and Ladakh, on 31 October 2019. A bill for the demonstration was presented by the Minister of Home Affairs, Amit Shah, in the Rajya Sabha on 5 August 2019 and was passed around the same time. It was then passed by the Lok Sabha on 6 August 2019 and it got the President's consent on 9 August 2019. The presentation of the bill was gone before by a presidential request under Article 370 of the Indian constitution that repudiated Jammu and Kashmir's unique status.
  • The Triple Talaq Bill: In a significant success for Muslim ladies, Parliament passed the Triple Talaq Bill, condemning moment separate. The act of moment separate by Muslim men is currently culpable with a prison term of as long as three years. The legislature had the option to persuade the Bill to be passed by the two Houses of Parliament as it had the numbers, and the restraint of the Bahujan Samaj Party (BSP) and Samajwadi Party (SP) from casting a ballot made it simpler.
  • The Special Economic Zones Bill: Parliament passed the Special Economic Zone (Amendment) Bill, which currently permits trusts to set up units in SEZs. This was finished by altering the past law. The administration said these zones could push development and create business. The enactment prepared for trusts to set up units in SEZs.

If these latest developments motivate you to study law, you can find one the best LLB colleges in Ahmedabad to pursue your dream career. 

Thursday, 13 August 2020

Difference between Trial Court Advocacy And Appellate Court Advocacy

Those, who are aspiring for Litigation, always want to know: what is the difference between practicing at the Trial Courts and practicing at the Appellate Courts. Besides, which would be better?

I have tried to answer this question in the following terms:


As we know, trial courts are the courts of original jurisdiction. Trial is not defined anywhere. However, the meaning is clear. It is a judicial examination of evidence, which may be of different kinds: documentary, oral, circumstantial or even electronic. Normally, ‘Trial’ would start after completion of pleadings in a civil case, more particularly, when the court has framed the issues and both the sides have submitted the list of witnesses. In Criminal, it would start after framing of the Charge in warrant triable cases before the court of Magistrate or Sessions court and in summons triable cases after taking a plea.

Hence, now to understand the trial court advocacy, we go to the root of the matter, because before the trial court: initiation of legal proceedings would commence, when plaint or the complaint has been filed before the competent court. In trial court, there may not be any counsel practice of briefing by the advocate, because, the trial court is like lex fori – it is the law of the place, where the dispute has been brought in the first place for the adjudication.

The litigants, here directly come to the advocate to sort out their grievances. Therefore, client counseling plays significant role before the trial courts, as generally there is hardly any conferences between the advocate and counsel, as one has to take direct instructions from the litigant/s only, because s/he knows about the evidence. Before the trial courts, facts are much more important to identify and analyze. How litigation would start that depends upon the advocate of the trial court/s. In many cases, there are two three remedies or recourses to begin with the litigation, as civil and criminal litigation for the same issue or same subject can go on simultaneously and so, advocates are required to explain to their clients that which would be more suitable for him/her and how s/he can proceed appropriately.

Another important point in trial court advocacy is to plan and design the strategy: how we plead, how we can foresee, what evidence we put forward and what we can imagine the counter attack by the other side are the part of this sensible strategy. Here, thinking is more important than mere reading of the facts. One must get an overview of the entire situation that suppose this matter reaches to the High Court, whether this pleading would look sound? How the higher court/s will see our pleadings. Considering this in mind, one has to draft. It is common knowledge to all that drafting is not just writing.

One may write anything, but when it comes to drafting: we have to choose each word very carefully and then put it at an appropriate place with simple sentence formation. One is required to select a particular word or phrase in a way, which is unambiguous and very easy to understand for the judge. Hence, one is required to visualize the picture in the Court that suppose, the judge is reading my pleading – it would be clear to him/her to grasp the meaning what I have stated. This is very much vital in trial court advocacy and then, while leading or adducing the evidence; one is required to prepare for examination in chief and cross-examination and if need be: re-examination. This can be learnt while you jump in the water of hardcore area of evidence. So, if someone is comfortable with these entire multiple and divergent skills, as per his/her aptitude, trial court advocacy can be opted in the beginning of the career and if you succeed, it will last long.

On the other way, Appellate Court Advocacy is totally different and slightly distinctive. Here, one has not to bother for pleadings and affidavits and what kind of evidence will be led. The appellate court is meant for a further opportunity to the aggrieved litigant who lost before the court of original jurisdiction. First Appeal is a valuable statutory right conferred by most of the Acts. However, Civil Procedure Code also provides Second Appeal on substantial questions of law, but in Criminal, there would be only an Appeal and no second appeal.

Now, the appellate court advocacy differs from the trial court advocacy in the manner of conducting the cases. Before the appellate court, usually only the aggrieved party has to take much pain to try to reverse the finding of the trial court and so, the first question in most of the matters asked by the Appellate Court is: what is the error committed by the trial court? How the trial court has gone wrong? In what manner? Where is the discussion on it? Therefore, in reply, the appellate court advocate has to point out the errors and/or mistakes committed by the trial court in giving the reasoning on the issues by demonstrating that this evidence has not been considered at all or that evidence has been clearly overlooked by the trial court. This interpretation is wrong, that construction of document is erroneous… etc.

However, for finding faults in the judgement of the trial court one is required to see the entire record and proceedings of the trial court, as without examining it, one cannot reach to the conclusion that how it is wrong, except in cases of grave jurisdictional error or pure question of law apparently wrongly decided by the trial court on the face of it. Appellate Court Advocacy sometimes looks cool, but not so, as one has to envisage the intricacies of proceedings happened before the trial court and then, s/he can find out actual errors in the reasoning of the trial court.

Those who have actively participated in moot courts, for them, relatively appellate court practice is comfortable, but here the real scenario would be different. Your performance matters, but merits of the case count more. It is common experience of all the advocates that most or judges would like to confirm the judgement of the trial court, if it is in order and mainly satisfy the conscience of the appellate court. Some advocates used to say that for reversing the judgement of the trial court, the appellate court has to exercise more and has to go into minute details, which is hardly necessary for re-examination of the fact in issue on record and so, trial court’s judgement is affirmed. Sometimes appellate court would not like to use its discretion, though other view is possible, but they think that the trial court was in more advantageous position to consider the actual evidence tendered before it and so, they refrain from substituting their own view. The law is also settled on this point, as re-evaluation or re-assessment of evidence recorded before the trial court is permissible, but only because another view is possible, the findings arrived at by the trial court should not be disturbed or discarded.

Hence, I can only say in the end of this discussion that trial court advocacy is much relied on facts of the case, whose area and scope is wider, whereas appellate court advocacy is fought on finding faults from the judgement of the trial court as well as errors in interpretation of law and construction of documents or other evidence, whose area and scope is not so extensive and broad. One can choose either or both, depending upon his/her interest and capacity to bear the burden of precinct of legal practice.

Author : Mr Kashyap Joshi (Advocate Gujarat High Court, Visiting Faculty at Institute of Law, Nirma University, Ahmedabad)