May 13, 2017

A Comedy Drama was going in a theatre. Suddenly fire started in back side of theatre.

A Comedy Drama was going in a theatre.

Suddenly fire started in back side of theatre.

A clown came up running on stage and started shouting,

"Fire ! Fire ! Everyone get out ! Fire ! Fire !"

Everyone started laughing..

They kept laughing and soon the whole theatre was surrounded by fire.

And all were burnt.

This is how the world may come to the end.

This is how a philosopher named Schopenhauer saw the end of the world, in around 1818, about 199 years ago.

S-145 Come out from behind the clouds.

"Come out from behind the clouds, and shine like the Moon"

- Buddha

S- 144 Reading biographies of great lawyers may not help much... Doing exercises which they did... helps.

Learning about great people and their work is good. But this does not change us.

What changes us is "Exercises" that we do. It is the exercises which shape our brain and body.

If we do brain exercises, brain sharpens, if we do physical exercises, our body develops.

Here, Law of Cause and Effect works with some assurance.

Whether we want or not, our Exercises changes our mind and body.

Haresh Raichura 13/5/17

S- 143 Language of Actions... In fact an unbroken chain of actions.

Before 1947, there used to be a man who used to speak less. He was continuously doing one thing after another.

When there was nothing else to do, he would sit down and will start spinning cotton on a spinning wheel.

His name was Mohandas Karamchand  Gandhi. He used to speak "Language of Actions".

Once a person learns Language of Actions, he has less need to speak.

Haresh Raichura 13/5/17

S-142 Body Language of a Lawyer while discussing a case which is "Life or Death" type situation for client

Sometimes, clinets come to discuss which is matter of life and death for them. Sometimes, they are facing financial death. Sometimes they are facing prospect of going to imprisonment for life term.

While discussing such cases, a lawyer need to be a little mindful of his body language.

"So What?", "Who cares?" type attitudes, joking in between, keep looking at mobile social network sites during discussion, talking with other clients on phone at the same time, shouting over to the staff, blaming the system, etc type of attitudes should be avoided if possible.

The client is already in serious trouble. His misery should not be increased by showing a jovial attitude about everything.

Haresh Raichura 13/5/17

S 141 Acknowledging Ignorance and the "Attitude of Finding Out All the Latest Law about this"

Two Lawyers are presented with a case which is in a new specialised branch of law.

One lawyer may say : "I know"

Another Lawyer may say, "This branch of law is new to me, but I will find out all the latest law about this."

Second Lawyer, who acknowledged his ignorance, is more trustworthy. His attitude to "Find out all the latest law about this" is very progressive.
- Haresh Raichura 13/5/17

S-140 Very often clients continue to have faith in their lawyers, even after their lawyers may have lost their case.

In about 1988, I had argued an appeal of bride burning case in High Court on behalf of a convicted husband.

The appeal was dismissed by High Court.

Thereafter, I had shifted to practice in Supreme Court. Here also that client approached me to file his Appeal and to argue it in Supreme Court also.

Here, I got admission of his case but lost at time of final hearing. It was a case where deceased had given multiple Dying declarations. It was a hard case.

However, the point I wish to make is this, if a lawyer works sincerely, his client may continue to have faith in him even after he has lost his case.

S-139 Who was trying to sell the minor daughter - The Mother or The Uncle?

This case I must have argued in 1987 or so in High Court, I do not remember details, but this case left shocking impressions on my mind.

A mother from a tribal area of Gujarat had come to me. She said her brother was trying to kidnap her minor daughter and was trying to sell her off.

I filed petition for her in High Court. High Court issued notice to his brother and to local police authorities.

His brother filed reply in High Court saying that it was actually the mother who was trying to sell her own minor daughter and he was just trying to protect the minor girl !

This was, at that time, shocking and unbelievable to me that in tribal areas, such things happen. It was difficult for me to believe that a mother could sell her minor daughter !

Fortunately, the Judge was aware about this ills in this tribal area and so he passed a just order in such a way that neither Mother nor Brother can sell the minor daughter. He protected minor daughter by issuing some directions to Police Authorities.

The point I wish to make is :

Sometimes facts of cases, which emerge after notice to other side, can often shake up even the Lawyers.

May 2, 2017

S-138 "Follower" and "Admirerer" - The Difference.

You may have "Admirerers" and "Followers" both.

There is a difference between the two.

An admirer will never sacrifice anything for you. He will just admire you, praise you, appreciate you, like you,  etc.

But he will never suffer any loss for you. Nor will he ever sacrifice anything for you.

A follower is a different person. Also he admires you. But if a Follower will hear that you have some problem, he will come immediately with all his freinds to help you out.

He will not mind even if he has to sacrifice some time or money for you.

Such is the difference between the two.

S-137 "Dilettante" and "Apprentice" - The difference.

"Dilettante" and "Apprentice" - The difference.

Both the words mean "the New Person at Workplace".

The difference is in the way these two new person approach to their work.

The "Dilettante" comes to work and keeps looking around as if this is a wonderful place to work. He pretends to have deep knowledge, but his knowledge is shallow. He now and then touches work but he lacks inner commitment to work.

Whereas, "Apprentice" shows deep commitment to work. He wants to learn fast and he wants to overcome his apprenticeship period very fast. He wants to make out a shinning career in his work.

S-133 Sometimes Judges "Think Like A Detective"

The question was about genuineness of a Will.

The man claimed "He was servant of the deceased. All his relatives had left him in his old age. He was looking after all court cases between deceased and his sons. Being pleased with his service, the old man, before dying, signed one page typed will, in which one property was given to him."

Judge thought like a Detective. It was possible that this man may have obtained signature of old man for purpose filing some case and then he may have misused this paper for making Will in his favour.

Judge carefully looked at Will. It was typed on one page in double space. But last four lines of will were in single space. This indicated that signature was first obtained on blank paper and then to accomodate writing, last four lines were squeezed into single space typing, just till above the signature.

The Judge refused to believe the will after looking at this as well as other circumstances which made this Will suspicious.

His judgement was upheld by all superior courts.

S 135 "Do we have two minds, conscious mind and unconscious mind, or do we have only One mind?

"Do we have two minds, conscious mind and unconscious mind, or do we have only One mind?

Many years ago, J. Krishnamurti asked above question.

Now Science has found, through brain mapping, that before we think a thought or make a choice, some 0.005 second earlier, movements are seen in unconscious part of brain.

Implication of this discovery is wide. It may mean that all our thoughts and choices may be controlled by unconscious parts of our brain.

Criminal Law in US, has already taken note of this development for purpose of interpreting whether accused had intention to murder or was he acting under emotional forces over which he had no  control. Here in India, I have yet to seen a case in the Criminal Law where such points are established and argued.

S-136 Error by few newcomers in Legal Profession

Sometimes, we make errors because we do not know difference between First Step and Second Step. We do not know the order of different steps involved.

For example, a child learns to Run, first by learning Crawling, then by learning to stand, then by learning to walk and lastly by learning to Run.

Sometimes newcomers want to start Running before learning to Walk properly.

This affacts performance.

Apprenticeship is a very important phase for new Lawyers. It should not be undervalued.

Haresh Raichura 2/5/17