[blindLaw] arguing matters in court: a roadblock and a possible way forward

[Sanho Steele-Louchart]

Rahul,

Could you describe some of the in-court issues you might need help with?

Warmth,
Sanho

On 10/16/22, Rahul Bajaj via BlindLaw <blindlaw at nfbnet.org> wrote:
> Hi,
>
> Good morning from New Delhi. I work as a practicing attorney at an IP and
> civil litigation firm in Delhi. In litigation, making regular appearances
> before judges is vital for gaining the confidence of the bar, the bench and
> the litigant public. I have clerked for a Supreme Court judge before and
> did some specialized litigation in my law firm job as a fresh law graduate.
> but this is my first actual experience of doing a hardcore litigation job -
> something I have always wanted to try. I am 4 months in. One challenge I
> have been facing is not having a mechanism to appear in court on my own and
> argue matters before judges. Part of the reason for this not happening is
> because it takes time to build experience and trust.  but it also has to do
> with accessibility. Sharing below the key features of an exchange with a
> senior colleague at the firm I had recently apropos this. keen to hear any
> constructive suggestions on the way forward.
>
> I said to him:
> "Going forward, I am wondering what we can do to enable me to go solo to a
> court and do the needful in a given
> matter. For instance, this coming Monday, I think I would have been more
> useful to the firm if I were going to a court where no one else is able to
> go
> due to the volume of matters, as opposed to going to the high court
> [details of case redacted] where multiple people are anyway going, simply
> to observe proceedings. Of course, in a given day, if there is no such
> matter where there is scope
> to contribute more than merely observing the proceedings, then it makes
> sense to go just to observe matters. I guess what I am saying is that I
> would not
> like my choice of matters to be dictated by the accessibility of a court
> complex but instead by where the firm might need me most and where I can
> contribute
> most. Equally, I understand that it would be easier for me to go for a
> matter where I can tag along with a colleague or court clerks, as opposed
> to
> being on my own. And, of course, accessibility barriers cannot be simply
> wished away...  That said, going forward, we should develop a system where
> I can take up assignments where the firm can rely on me to be its face for
> a
> matter. And where this choice is not guided by accessibility, but factors
> that are otherwise applicable, namely experience and trust. I am not sure
> how
> we can do this. I think the best way would be to hire an employee, part of
> whose express mandate would be to assist me, inter alia, in court and with
> accessibility
> challenges. I am sure we can work out the logistics and commercials in a
> mutually convenient fashion. What do you think?
>
> We had a good conversation about this. they shared that the reason why they
> were hesitant to send me alone for a matter to a court was because there
> wouldn't be a court staff or colleague to provide help. And that we needed
> to figure out a way to deal with this. and that I shouldn't think that this
> was a reflection on my abilities as a lawyer, but that it was a learning
> process for them also.
>
> I suggested hiring a fresh law graduate as my assistant, with the salary
> being shared 50-50 between me and the firm. that person can help me
> with barriers of this nature, most notably court appearances. I will await
> further correspondence.
>
> I understand that some litigation practices referenced above may be
> unfamiliar to you. but the broad contours of the issue should be fairly
> clear.
>
> Warmly,
> Rahul
>
>
>
>
>
>
> --
> --
> Rahul Bajaj
> Attorney, Ira Law
> Senior Associate Fellow, Vidhi Centre for Legal Policy
> Rhodes Scholar (India and Linacre 2018), University of Oxford
> Co-Founder, Mission Accessibility
> Special Correspondent on the rights of persons with disabilities, Oxford
> Human Rights Hub
> Coordinator of the working group on accessibility, e-Committee, Supreme
> Court of India
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-- 
He/Him