Why do lawyers and counsels rely on our Legal drafting skills?

Before we delve into the need for expertise in legal drafting skills, it is pertinent to understand the tiers of lawyers and counsels required in trial Court, High Court, and Hon’ble Supreme Court of India.

Tier 1 – AOR – Advocate on Record:

The lawyer at this level files the suit and “Vakalatnama.” S/he gets into the Procedural Law and the administrative part of filing the lawsuit. S/he drafts the pleadings, motions, and representations to the Court.

In the courts inferior to the High Court, there is only one lawyer – the AOR, who, with his/her team, manages the entire litigation process, be it procedural or substantive. In case s/he feels the need, s/he advises the client to engage some senior advocate/counsel for arguments at a critical stage.

In the High Court and Hon’ble Supreme Court of India – the AOR is accountable for the complete follow-up and administration of the case. They draft the pleadings, motions, and representations to the Court. If the client identifies his/her counsel, the AOR seeks the lawsuit’s inputs from the concerned senior advocate. Sometimes the AOR handles necessary communication/presentation with the Court and doubles up as a counsel when the case is not at a critical juncture.

Tier 2 – Counsel / Senior Advocate :

Apart from an AOR – Tier 1, clients also engage counsels/senior advocates at High Court and Hon’ble Supreme Court stage to represent them. Sometimes to control litigation expenses, clients choose a lawyer who doubles up as an AOR and a counsel at the same, because the senior advocates/counsels are expensive.

Senior Advocates / Counsels scenario

1.   They are aged around 50+ years

2.   Most of them have good “face value” – hence charge high legal fees

3.   They are associated with multiple clients’ lawsuit on a short term basis

4.   The ability to memorize the facts of multiple clients is a challenge

5.    Need constant updating of facts and legal research

The situation of Clients:

1.   Stressed out with huge fees paid to senior advocates/counsels
2.   Do not understand the legal standards
3.   Always jittery as the outcome of the lawsuit is unpredictable

How does the Court View the lawsuit?

1.   All the Judges at the High Court and Supreme Court READ the lawsuit allocated to them before the hearing date.
2.   Most of the Judges in other Courts also read their cases before conducting the hearing.
3.   Hence the Judges form an opinion about the case beforehand based on their initial reading of the legal representation submitted.
4.   An experienced counsel/AOR adds value to the case by responding to the Judge’s queries related to the particular case.
5.   The counsel/AOR also handles arguments and counter-arguments against the opposing party.

Why Pre Litis?

1.  Any lawsuit’s backbone is a well-pleaded representation (pleadings, motions, writs, revision applications, etc.). The Judge treats such documents as a prime source of litigation and bases his/her ruling on them. We cannot stress the importance of a well-crafted brief. Appellate briefs receive greater judicial scrutiny than written materials prepared at trial because they are reviewed by senior Judges, under comparatively less time pressure than in the trial court.

2.  We invest appreciable time in legal research, which, combined with our drafting skills, results in an effective legal representation to the courts. Once we do it, we win half the battle!

3.  Counsels/Senior Advocates just read our documents (pleadings, motions, writs, revision applications, etc.) for 25 to 30 minutes and are ready to argue the lawsuit in front of the Judge.

4.  Clients don’t have to wait for their lawyer’s paralegal team (already loaded with other legal matters) to draft the lawsuit for them.

5.  Clients are free to choose any counsel/senior advocate to argue the case once we prepare their lawsuit. The clients can effectively negotiate fees with their counsel/senior advocates, who know that the client has the brief ready.