September 25, 2013

Learning 3 things from Senior Advocate V. A. Mohta

Learning 3 things from Senior Advocate V. A. Mohta

He is now a leading Senior Advocate in Supreme Court. Earlier he was a judge in Mumbai High Court.

I learned three main things from him during various matters when I had engaged him as Senior Advocate.

1) How to turn judge into your friend.

He said, if you want some help of judge, you should say it first, in the beginning itself, before opening a case. Not after arguing or starting a case.

If you point out your difficulty in the beginning of case, judge becomes friendly to you and helps,... however loudly other side may oppose. !

I used this tip in practice also. Once, I had matter before a Judge who was likely to dismiss my case. He was also not giving any adjournment to anyone on any ground.

When my turn came, before he touched his file, I said, "My Lords, I have forgotten my spec at home."

He helped, adjourned the case without my asking for adjournment.

Later bench was changed and I won case before another judge.

2) For every case he read, he used to make a T CHART.

A T Chart means, divide a page into two parts. On one side write strong and weak point of one party. On another half of paper, write strong and weak points of opposite side.

This makes you objective. You know where you actually stand and what arguments are possible.

This is a good analytical process.

3) I had a difficulty. Every time a client comes to me, he asks, how much were chances of winning his case in Supreme Court.

I had difficulty in answering this question.

I learned from him to say,

"Nothing sure about Supreme Court. Anything can happen."

He is right. In hopeless cases, I have won and in 100% sure cases, I have lost.

What appeals to conscience of Supreme Court judges when matter will be called, cannot be predicted.

Anything can happen in Supreme Court.

Haresh Raichura
25/9/13