how to become a good lawyer

8/3/2019 How to Become a Good Lawyer

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How to become a good lawyerHONBLE SHRI JUSTICE V. C. DAGA

Honble Justice Daga uses his perspective as a serving judge of theBombay High Court to outline the qualities that a successfullawyer should have. Industry and Integrity are two qualities that

every professional must possess to succeed, he emphasizes. Hecites the example of Nani Palkhivala to illustrate the heights to

which a professional can rise with the proper approach.

My greetings to you all.

It is a great honour for me to be invited to inaugurate the 6th Nani Palkhivala

Memorial National Tax Moot Court Competition, which by itself has become a

glorious event in the field of legal education in this country. It is also a matter

of great honour for the participants to participate in this Competition named

after Nani Palkhivala to perpetuate his memory.

I appreciate the unique idea of conducting Moot Court Competition in the

memory of Late Nani Palkhivala to sensitize and educate the students for which,

I congratulate the present and past Office Bearers of the ITAT Bar Association,

the Federation and the Government Law College, Mumbai.

Late Mr. Palkhivala was a lawyer gifted with advocacy. Advocacy is not

something which comes easily. Advocacy is a gift of God and the important

thing about advocacy is that you have to communicate. When you are standing

before the judge, you have to make your point of view known and understood.

.. much stress is laid by educationalists on literacy and numeracy, but we hear

little about the importance of being articulate. Footballers practise passing and

shooting; pianists singers also practise assiduously. Why is it supposed thatspeaking comes naturally and needs no effort or concentration? Fluency and

clear pronounciation are particularly important for a lawyer, when our forensic

practice is largely oral ..

I had no fortune to hear Mr. Palkhivala in the Court except attending his Budget

speech at Nagpur. I was told that Mr.Palkhivala had a remarkable gift of making


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his argument sound and simple and used to communicate so well that the

Judges used to be completely spell bound.

Palkhivalas forensic skills and ability were not confined to taxation and the

Constitution. His knowledge of economics and industrial law and labourlegislation were in full display which can be seen in the case ofPremier

Automobiles which dealt with the issue of fixation of prices for automobiles

and also in the case ofJalan Trading in which the constitutionality of the

Payment of Bonus Act was assailed.

Palkhivalas range of legal practice is also evident by his appearance and

advocacy in the matter ofSeshammal vs. State of T.N. which involved the

right of archakas in temples. In that case, Palkhivala expounded the rights

which flow from the appointment of a priest or an archaka to perform religiousfunctions and the impact and implication of that appointment in relation to the

freedom of religion guaranteed by Articles 25 and 26 of the Constitution.

Palkhivalas forensic achievements were not confined to courts in our country.

He represented India in three cases in the international fora. First, before the

Special Tribunal in Geneva appointed by the UN to adjudicate upon Pakistans

claim to enclaves in Kutch. Another was before the International Civil Aviation

Organisation at Montreal and later in appeal before the World Court at The

Hague when Pakistan claimed the right to fly over India.

So conduct yourself that even if you lose a case, you do not lose your client.

Some day, you might have to lose your case as also your client, but so conduct

yourself that you dont lose your Court(Judge), and lastly some day, you might

have to lose all three, but so conduct yourself that you do not lose your

conscience .

There have been lawyers who matched Palkhivala in erudition and legal

knowledge, but for sheer advocacy Palkhivala was unsurpassable. Clarity of

thought coupled with precision and elegance of expression, impassioned plea for

the cause he espoused in the case, excellent court craft and an extraordinary

ability to think on his legs rendered him an irresistible force and made him sui

generis.


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Although Nani Palkhivala was one of the leading interpreters of constitutional

law and a most ardent defender of the civil liberties guaranteed by the

Constitution, his legacy also includes authoritative book like The Law and

Practice of Income Tax, which he co-authored with his mentor Sir JamshedjiBehramji Kanga.

Former Attorney-General Mr.Soli J. Sorabjee, Nanis friend and colleague for

many years, has said: His talent in expounding the subject was matched by his genius

in explaining the intricacies of the Budget to thousands of his listeners. His famous Annual

Budget speeches had humble beginnings in 1958 in a small hall of an old hotel called Green

Hotel in Bombay. He spoke without notes and reeled off facts and figures from memory for

over an hour keeping his audience in rapt attention. As I said earlier, fortunately, I

had an occasion to hear his budget speech in Nagpur almost 20 years before.

Describing the Annual Budget meetings, Sorabjee goes on to say: The audience

in these meetings was drawn from industrialists, lawyers, businessmen and the common

individual. Nanis speeches were fascinating for their brevity and clarity. His Budget

speeches became so popular throughout India and the audience for them grew so large

that bigger halls and later the Brabourne Stadium in Bombay had to be booked to keep

pace with the demand of an audience of over 20,000. It was aptly said that in those days

that there were two Budget speeches, one by the Finance Minister and the other by Nani

Palkhivala, and Palkhivalas speech was undoubtedly the more popular and sought after.

Palkhivala received a great deal of recognition from academics, academic

institutions and the Government.

In 1963, Palkhivala was offered a seat on the Supreme Court, but declined.

Nani Palkhivala received honorary doctorates from 7 leading Universities of the

world. Such was the personality of Nani Palkhivala.

In my view, this yearly Moot Cout Competition in the memory of Mr. Palkhivala

is a salute to a man of brilliance, a man of great learning, a man of great

erudition, a man of literature and above all a man of humanity. I am sure, one

day you will be able to spot Palkhivala in the making through such Moot Court

Competitions.


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Dear Friends,

Now, turning to the importance of Moot Court, I find that much stress is laid by

educationalists on literacy and numeracy, but we hear little about the

importance of being articulate. Footballers practise passing and shooting;pianists singers also practise assiduously. Why is it supposed that speaking

comes naturally and needs no effort or concentration? Fluency and clear

pronounciation are particularly important for a lawyer, when our forensic

practice is largely oral.

Taking part in moots will help in these respects, and also give experience in the

art of persuasion, and of putting a case succinctly and intelligibly. Mooting not

only gives students practice in court procedure but also helps them to develop

the aplomb that every advocate should possess.

Once the technical skills of advocacy have been acquired, those with more than

ordinary talent and flair may go on to become outstanding advocates but even

the less talented can be assured of being able to do a competent job.

This technical skill can nicely be developed through Moot Court Competitions. I

appreciate the role played by Federation and ITAT Bar Association in shaping

the future of the Bar by organising such competitions. From my personal

experience, I can tell you the Tax Bar is a good and excellent teacher.

One of their students is standing before you. Whatever little I know about tax

laws, I owe to the Tax Bar.

Dear Friends,

Bar Associations, like individuals are also expected to advance its role and its

source. Bar Associations are also expected to prove itself to be worthy of the

noble profession. Bar Associations are also expected to take active part in

shaping legal education. The Senior Members of the Bar are expected to take

keen interest in shaping a Junior Bar.

Having said so, I am reminded on this occasion of an anecdote concerning

Justice Oliver Holmes, one of the greatest judges of the U.S. Supreme Court.


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One day Justice Holmes boarded a train in Washington. In the general

commotion, the famous judge promptly lost his ticket. When the conductor

asked for the ticket, Justice Holmes searched for the ticket in his pocket in

frustration, unable to find the ticket. The conductor recognized him and said

Dont worry Justice Holmes, I know you. When you find the ticket, please mail it to ourcompany. Justice Holmes replied, Mr. Conductor, the question is not where is my

ticket?, but just where am I supposed to be going?

I am sure the question must be ringing in everyones mind where are we

supposed to be going? It is important for the Bar and for the members to find out

the lost ticket. It is important for the Bar and its members to know where are

they supposed to be going?. It is more important to find, especially, in todays

scenario when the rule of law is at stake.

Having said so, I would like to say few words to the Junior Members of the Bar

they still inspire hope in me.

Dear Friends,

To succeed in the profession, two virtues are indispensable; and those are;

industry and integrity.

Mr. Palkhivala once said, referring to his senior Mr. Jamshetji Kanga, that hehad intellect enough to succeed without industry and industry enough to

succeed without intellect. The combination carried him ahead of everyone. Such

is the importance of industry.

The other quality is one of integrity. Pandit Jawaharlal Nehru had said, and so

rightly, that An advocate has a prior and perpetual retainer on behalf of truth and

justice. He can never be discharged from that primary and paramount retainer.

All lawyers owe a duty towards their clients. It is a position of trust and

confidence. They must, indeed, perform their duty towards the court. A lawyer

must not mislead either the Court or the opponent.

I would like to share with you an advice which has been handed down from

generations to generations. We were told : So conduct yourself that even if you lose


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a case, you do not lose your client. Some day, you might have to lose your case as also

your client, but so conduct yourself that you dont lose your Court (Judge), and lastly some

day, you might have to lose all three, but so conduct yourself that you do not lose your

conscience.

And what is intellect? To my mind, is the quality to judge between a good and

the bad, between the reasonable and the unreasonable. Unfortunately, today

we have ourselves devalued intellect to mean intelligence to know perfectly

which side of ones bread is buttered.

The Bar and its Members, Ladies and Gentlemen, have a more profound duty to

perform. The Bar has traditionally stood between the Government and those

who are governed, the powerful and the weak, the rich and poor. Bar occupies

an essential part in the administration of justice. Counsel who brings hislearning, ability, character to conduct cases makes a great contribution to the

system of justice. I take this opportunity to remind all of this profound duty

which all of us have to perform and which all of us must perform ceaselessly.

I would like to conclude by reading the advice given to his colleague by

Abraham Lincoln more than one and half century ago:

If you are resolutely determined to make a lawyer of yourself, the thing is more than

half done already. It is but a small matter whether you read with anybody or not. I didnot read with anyone. Getting the books, and read and study them till you understand

them in their principal feature; and that is the main thing. It is of no consequence to be in

a large town while you are reading. I read at New Salem, which never had 300 people

living in it. The books and your capacity for understanding them, are just the same in all

places. Always bear in mind that your own resolution to succeed is more important than

any other one thing

His words, like him, are immortal.

Dear Friends, on this note, I propose to conclude my few words. I once again

express my gratitude and thank you all and wish the Moot Court Competition a

great success.


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Inaugural address by Honble Mr. Justice V. C. Daga, Judge, Bombay High Court

at 6th Nani Palkhivala Memorial National Tax Moot Court Competition on 3rd

December, 2009. Reproduced with permission from the AIFTP Journal.

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