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

Wed Feb 1 15:23:36 UTC 2023

Hi Rahul,
As I am archiving older mail, I saw this item and wanted to see how this unfolded. Did you and your firm come up with something that works for everyone in your IP litigation practice?

Regards,
Nikki

-----Original Message-----
From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Rahul Bajaj via BlindLaw
Sent: Sunday, October 16, 2022 11:55 PM
To: Blind Law Mailing List <BlindLaw at nfbnet.org>
Cc: Rahul Bajaj <rahul.bajaj1038 at gmail.com>
Subject: Re: [blindLaw] arguing matters in court: a roadblock and a possible way forward

[EXTERNAL]

With legal and non-legal aspects. On the legal side, I would need help in getting the person to read out verbatim certain extracts that I would like the judge to consider. to be able to pull out, in short order, relevant pages that the judge may ask a question about and be able to assist me the whole time in answering those questions. In general, I would need help in navigating the "complex, getting to the desired courtroom, being taken to the lectern, being able to speak with the court master if anything comes up and that kind of thing.

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________________________________
From: BlindLaw <blindlaw-bounces at nfbnet.org> on behalf of Sanho Steele-Louchart via BlindLaw <blindlaw at nfbnet.org>
Sent: Monday, October 17, 2022 9:00:01 AM
To: Blind Law Mailing List <blindlaw at nfbnet.org>
Cc: Sanho Steele-Louchart <sanho817 at gmail.com>
Subject: Re: [blindLaw] arguing matters in court: a roadblock and a possible way forward

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

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