June 29, 2017

S-205 A Pencil that does analysis :-

Since many decades, #Natraj pencil company, pruduces pencils which are half blue and half red. In depositions of witnesses, I underline with red side  pencil, the lines which are against my client. And I underline with blue line, those lines which are in favour of my client. This simple pencil, which is an analytical tool, has still not gone out of fashion. Many Lawyers still like to use this type of pencils- Haresh Raichura

June 24, 2017

S-204 How Lawyers can defeat and fight stress ? A way :-

How Lawyers can defeat and fight stress ?

India's top Senior Advocate Shri K.K.Venugopal was giving some tips that day in Supreme Court Bar.

One tip he was giving was about Yoga. He said every day he sits for 45 minutes in Yoga practice.

His tip made sense to me. As the work increases, stress also increases in life of a lawyer.

Then once I tried to act on his tip. I hired a Yoga Teacher. He agreed to charge Rs.6000/- per month for coming to my home, daily at 6:30am to help me in doing Yoga exercises for 30 minutes.

It was a good idea but some how I discontinued after 2 days. This is natural. When we start such things, old habits resist us very much. The resistance is very high for first three weeks. I dropped out.

It was my wrong decision. I regret it now.

Haresh Raichura 24/6/17

June 23, 2017

S-203 Assume that every legal case is a game of chess. Clients have already

Assume that every legal case is a game of chess. Clients have already move some pieces in wrong directions when they bring the case to you.

Now as a lawyer you have to play the game on behalf of client where some moves have been already played by the client. Some games can still be won. Some can't. - Haresh Raichura 23/6/17

S-202-" Thou shall not walk faster than your wife"... This was one of the commandment of a

" Thou shall not walk faster than your wife"... This was one of the commandment of a 10th century religious practice, as I read in a great book.. I think this commandment is valid today also. If newly married couples followed this commandment, there could be fewer divorces.

S-201 Once upon a time, there was a religion which believed that Nature is God and He communicates with us in sign

Once upon a time, there was a religion which believed that Nature is God and He communicates with us in sign language. In jungle they used to look for signs. Through the signs they used to understand message from God. Then they used to write these signs on stone walls of caves.

In one of their sign, a solder was shown was sitting on a horse with weapons like guns. His pockets of shirt and trousers were over stuffed with currency notes. An arrow had pierced through his chest.

This picture was a sign to convey to them and to future generation that all the power and the currency notes, stuffed in all pockets, are useless when death comes.

This religion had no text books or scriptures. Signs and their meanings were conveyed by words of mouth from one generation to another generation, by words of mouth.

The presently this religion is perished.

Haresh Raichura 23/6/17

June 22, 2017

S-199 Careers of many a talented Lawyers are ruined by bad habit of participating in gossips

Careers of many a talented Lawyers are ruined by bad habit of participating in gossips in Bar Rooms.

Such gossip usually involves some slander about some Judge or some lawyer.

The speaker and listner both become guilty of slander.

In India, process of selection to High Court Judgeship is highly sensitive. A person indulging in listening or speaking slander is not considered of a good virtue for judgeship.

Because, the speaking and listening to slander implies habit of "Judging without evidence".

The person speaking or listening to slander soon becomes a "storehouse of prejudices" which is itself a  disqualification for judgeship.

If you are a young lawyer aspiring for judgeship, and if you hear slanders mixed with laughters, going on on some table of Bar Room, just walk away from that table.

Haresh Raichura 22/6/27

June 21, 2017

S-198 A room in a multistorey building used to light up at 2:00Am and used to go off at 4:00am. There lived..

A room in a multistorey building used to light up at 2:00Am and used to go off at 4:00am. There lived a lawyer who later retired as a Supreme Court Judge.

One of his neighbour in that multistorey building told me this story.

In that apartment a lean advocate used to live.

He was on panel of Govt pleaders in Gujarat High Court. Everyday he used to prepare many cases. His day time was consumed in meeting with Govt officers, preparing replies and filing them.

At night at 2:00am he used to wake up. The light of his room used to light up. The light was visible to people who lived in nearby apartment.

Till 4:00am he used to prepare arguments in cases listed on that day. At 4:00am light of his room used to be switched off.

He worked hard and burnt midnight oil as the polular saying said.

He was elevated to High Court Judgeship. Then elevated to Supreme Court and since some years his lordship has retired.

Haresh Raichura 21/6/17

June 20, 2017

S-197 "I do not know what is a Good Case and what is Bad Case. I only know.....

"I do not know what is a Good Case and what is Bad Case. I only know what I am supposed to argue in court" - A Senior Advocate told me this many years ago.

It means, you should have ability to put out all other thoughts from your mind while preparing your arguments.  Focus only on what you are supposed to argue.

Haresh Raichura 20/6/17

S-196 How Courts and Lawyers pay tributes when a celebrated lawyer or judge passes away.

In High Court and in Supreme Court, such references are held in first Court, where all Judges preside and where President of Bar, leading Lawyers and chief Judge give tribute to the parted soul by remembering his noble nature and work. And the regular Court work begins after such reference is over which lasts for 30 to 45 minutes.

Haresh Raichura 20/6/17

June 18, 2017

S-195 Simples way to analyse any problem, legal or other.

To divide a task in 10 parts is a skill. It causes exercises in brain. For example, try to divide this update in 10 parts by encircling groups of words. You may instantly see the difference  if you actually do this exercise. ...Then, if you divide a task in 10 parts, you have to make a list. This is a second great exercise for brain.

Haresh Raichura 18/6/17

June 15, 2017

S-189 Two phrases with which first generation young lawyers should become familiar:

In early years of law practice, the income of a first generation young lawyer in legal profession is very low as few clients may be willing to put their case in hands of a new lawyer.

He should therefore become more familiar with two phrases :-

1) Financial Security Net  &
2) Financial Budget.

There should be some financial support or promise of support, from family, freinds or from banks, or from Senior Lawyers to enable him to carry on for atleast two years even if his income is low. This is his "Financial Security Net".

Second phrase "Financial Budget"  means some rough idea about his minimum expenditures for two years.

Once he becomes clear about these two concepts, he will find strenth to survive on his own.

Haresh Raichura 14/6/17

In early years of law practice, the income of a first generation young lawyer in legal profession is very low as few clients may be willing to put their case in hands of a new lawyer.

He should therefore become more familiar with two phrases :-

1) Financial Security Net  &
2) Financial Budget.

There should be some financial support or promise of support, from family, freinds or from banks, or from Senior Lawyers to enable him to carry on for atleast two years even if his income is low. This is his "Financial Security Net".

Second phrase "Financial Budget"  means some rough idea about his minimum expenditures for two years.

Once he becomes clear about these two concepts, he will find strenth to survive on his own.

Haresh Raichura 14/6/17

June 14, 2017

S-188 "Merely pointing out injustice to court is not enough. You have to put it, inside the legal framework."

Many years ago, I had appeared in a case before Hon'ble Justice Doraiswami Raju.

At that time, I had a vague notion that it is enough to point out to Supreme Court that gross injustice is done. Thereafter, their Lordships have powers under Art.142 to pass any order to do complete justice between the parties.

I had accordingly highlighted only injustice in my petition.

At the time of hearing, the then Hon'ble Justice Doraiswami Raju pointed out and advised to me that "Merely pointing out injustice to court is not enough. You have to put it inside legal framework."

----------

Now what is "Legal Framework"?

When a client tells us story of injustice done to him, he is speaking "Outside Legal Framework". Because he has no idea of principles of Evidence Act and other laws involved in his case.

But a lawyer, who has done special study of laws, is supposed to speak about injustice with reference to provisions of laws. This is called, "Speaking within the Legal framework".

Haresh Raichura 14/6/17

S-185 How to read a Legal Case Paper Book...

I observed this method in a senior advocate who is now a sitting Judge in Supreme Court of India.

Method:

A legal case paper book is a bound paperbook. It's pages are numbered from 1 to 200 or so.

Before page No. 1 starts, there is an Index Page. All documents contained in paperbook are titled and numbered here as 1 to 8, 9 to 25, 26 to 94, 95 to 120 etc.

Now reading this paper book, suppose on page 89 you come across a para which you would like to show to Judges during hearing of Case.

Then turn to index page, find the document in which page 89 is found, in this example, it will be in document included between page 26 to 94. Now against this document, on Index Page in margin, write 89.

If what is there on page 89 is very important, you can also put a circle or other mark on 89.

Soon on Index Page, you will have also numbers of most important pages to which you want to draw attention of Judges.

When you want to review your case while sitting in Court, all you need to see pages and marks you have made on Index Page. You can refresh important points of your case and memory by looking at just this index page.

I do not say that this is the best method. We all are different. You may have to evolve a method which suits you. No need to follow someone else.

Haresh Raichura 13/6/17

S-186 Concentration in reading legal briefs.

Everyone can pay attention to activities which one likes to do.

But Concentration is when one can pay attention to work which one is required to do even it is not a joyful work.

This is the test.

Haresh Raichura 14/6/17

S-187 Wit and humour are not sufficient to win a case.

Some lawyers are very witty. They have excellent command over English.

But these by itself is not sufficient to win a case.

When a case has no merit, they too fail inspite of all their wit, humour and command over English pronunciation.

Haresh Raichura 14/6/17

June 3, 2017

S 148 Lawyers, like all people, should deliver contribution to

Lawyers, like all people, should deliver contribution to wellness of the society in return of fees they receive.

Blaming arrears of cases, lack of Judges, problems in the system etc type excuses, DO NOT absolve them from their duty to deliver.

Since Law is called Noble Profession of Serving Human Beings, their focus should be more on "Giving" and less on "Receiving".
Haresh Raichura

S 147 "The Fees which I receive for my professional work, are actually determined and paid by the Universe.

"The Fees which I receive for my  professional work, are actually determined and paid by the Universe.

I am paid in accordance with my merits, my work and according to the desire of Universe.

The clients who actually come and pay me fees are actually just the currier men/agents of the Universe.

They just deliver me Fees for my work, as per wishes of the Universe.

So actually this Universe is my paymaster.

Whatever I have received, have been sent to me from Universe.

Whatever I receive, I receive from Universe."

- Haresh Raichura 14/5/17

S 146 "No one can and

"No one can and no one may help you. You alone can help yourself."

- Buddha
.