Two Lama on ‘Ineptitude of Counsels’
30th Sept,2010
A Day in Supreme Court
“Mr. Counsel, how can we go on like this?”
Judge asked a senior advocate
Judges were not amused
Though everyone else sitting in court room
Was amused
Senior advocate had a pointed out
A provision of a special Act
He had no spare copies for judges to read
Judges called books from their library
After books came,
They searched for provision indicated by counsel
But there was no such provision in their books
The judges were reading 2010 edition
Of a bare Act
Senior advocate was reading
From a 2005 edition of a private publication
The provision in question was
Already deleted by 2007 Amendment
Senior advocate was unaware about
This amendment and deletion
Obviously he had not checked effect
Of this amendment on pending proceeding
He pleaded honest mistake
And asked for time to check up law
Judge asked,
“How can we go on like this?
Every time we put a question to you,
You ask for time to check up.
This matter has already been adjourned
Three times in this way”
Judge turned to respondent’s counsel
And asked him,
“Have you check up effect of this Amendment
On pending proceedings?”
He too was unaware about amendment
And had not checked
Its effect on pending matter.
Reluctantly, the judges adjourned the matter
To enable counsels to prepare better.
(2)
In the mountains of Tibet
Younger lama asked,
“Why so many good cases
Are lost in courts?”
Elder Lama replied,
“Counsel’s ineptitude is a major cause.
Counsel may be highly intelligent
And experienced,
But he may not be in a ‘Fit State of Mind’
When case is called out.
“How can it be ensured that
Counsels are in a ‘Fit State of Mind’
When they are called upon to argue?
Asked younger lama
“Checklists are the ways
Of future generation to reduce ineptitudes
In all professions all over world.
Before a performance,
A professional is required
To do a checklist.
Such model checklists are prepared
And circulated by Apex bodies of Professionals
Checklists create a mental net in which
Flaws of memory, attention
And thoroughness
Are caught.
And therefore they create
Possibilities of higher performance.”
Elder Lama explained
Haresh A. Raichura
307, CK daftari Chamber,
Opp. Supreme Court,
New Delhi
Notes:
1. Inspired by a conversation heard in court of Hon’ble Justice Dalveer Bhandari and Hon’ble Justice Deepak Verma on 21, September,2010
2. Inspired by the book “The Checklist Manifesto” by Atul Gawande