Litigation More Rewarding Than Corporate Career In Long Run; Wrong To Think First Generation Lawyers Can't Succeed: Justice Oka

Supreme Court Judge, Justice AS Oka today (March 11) spoke extensively on the importance of pursuing the traditional practice of litigation over corporate law and the need to dispel the stereotype that practice in constitutional courts is 'superior' to having a practice in district or trial courts. 

Justice Oka was speaking at a lecture organised by the National Law University And Judicial Academy, Assam. He addressed the growing tendency of young law graduates to join corporate law firms immediately after college and explained how it is litigation in fact which is rewarding in the long run. He opined: 

"Many students feel that they should have a career in what is called as - commercial law, which will include company law and IPR and students get fascinated by this commercial law. I want to tell you with a great deal of emphasis that the number of the cases falling in this commercial law category are not even 5%. 95% of the cases are the mainstream litigation- civil and criminal and the writ work before the constitutional courts." 

"Then many students feel that it is easier to get into a firm after you have passed out. The reason is that when you get into the firm you start getting reasonable income immediately. Many young students feel that they don't have a background in the legal profession and therefore they will find it very difficult to initially survive in the traditional legal profession and then prosper. Here I want to join issues with you, yes! you are right- if you join a firm your income starts immediately...but you must remember one thing, if you adopt a career in a firm there are limitations to the growth of your career." 

"But if you join the legal practice, I can tell you from personal experience - I have been a lawyer for 20 years and a judge for more than 21 years....I have been attending conferences of Chartered Accountants, Doctors, and everybody talks unanimously that the legal profession is the most lucrative profession in our country....If you join legal profession traditionally before courts, initial years yes, there is great deal of difficulty but you must always remember one thing, if you prepare to work hard , the work will come to you automatically. " 

In emphasising so, he quoted Chief Justice MC Chagla who said "Nothing succeeds in a success like the legal profession". He explained that those instances where the legal professionals who have enormously succeeded  have "seen very hard days" - for instance Senior Advocate Nani Palkhivala. 

He highlighted the journey of Justice Chagla-how he being the Junior of Mohammad Ali Jinnah would never get recommended cases from Jinnah and reached a point of starvation but he didn't lose hope and continued to work hard. Justice Chagla's perseverance led him to become the first Indian Chief Justice of any High Court (Bombay). He further used this instance to dispel the notion that there is no scope for first-generation lawyers in litigation. He stated: 

"So please do not be under any impression that just because you don't have any legal background you will not succeed in the legal profession. If you join a company or a firm, as a law officer, maybe initially you feel that yes, you will have a good salary, reasonable salary but then as you grow old, you continue to be only a law officer - your designation may get changed, instead of law officer they will call you law manager/ some enhancement you will get in your salary but you ultimately continue to be a law officer and you may find your friends who join the bar - they prosper in 7-8 years. So my appeal to you is please think of joining the legal profession." 

The other potential career options for law graduates, according to Justice Oka were legal research and academia, teaching and district judiciary and even government law offices. He further added that Judicial officers in the start of their careers get a good salary and several perks, which even graduates from good Engineering Colleges do not get offered. Especially for women, he said that the judiciary is a good option as it ensures a work-life balance and stability for young ladies. 

Practice In Constitutional Courts Not Superior To Practice In Lower Courts' : Justice Oka Dispels Stereotypes 

Justice Oka shared a recent incident where a couple law students from Maharashtra visited the Supreme Court and interacted with him. There he was asked by the young students how to leverage one's practise before the Supreme Court or High Courts. Considering the tendency of often undervaluing the litigation at the grassroots- district level, Justice Oka highlighted: 

"I realised that they have a wrong notion- that practice before the Supreme Court/ High Court is superior to practice in Trial and District Court - this is completely a wrong concept. The practice before Talukka and District Courts is as important as the practise before the High Court and Supreme Court. You must remember that Trial Court and District Courts are Courts of first instance." 

Justice Oka exemplified this by illustrating how important cases such as criminal trials and suits for recovery of money require lawyers to ensure good drafting of the plaint with no defects as the arguments before the lower court would create the base for the Higher Courts to further examine the matter when appealed/challenged before them.

Stressing the various lessons that practice in lower courts can help polish a young lawyer, Justice Oka added, "In fact practice before the trial courts is more challenging, you need to have a very sound knowledge of human behaviour because you deal with litigants, you cross-examine the witnesses." 

He reiterated that as per the Constitution for getting justice for a common man, the ladder that begins with District Courts being the first step. 

"When it comes to giving justice to the common man, trial court lawyers play a great role...ultimately what was the dream of the framers of the Constitution? that every citizen of this country must get justice and that justice is available at the threshold of the trial and district court" 

On Art Of Advocacy: No Purpose Is Served By Taking On The Judge 

Speaking from his experience from his younger days, Justice Oka explained how 'court craft' and 'art of advocacy' were crucial in convincing the court of your arguments. He recalled how once, he was presenting a matter before the Court and the Judge seemed to disagree with the first point raised by Justice Oka. There, when a senior counsel saw him having a back-and-forth with the bench, he later took him for cup of coffee and explained to him :

"Instead of fighting with the judge and saying you will make an application, you could have said that your lordship is right- no harm in saying that. Then go to 2nd topic, 3rd topic and then after half an hour you can ask the same question in a different language - you formulate it differently, the judge will definitely allow it." 

Justice Oka said that his first lesson from the conversation was to never fight with the judge as it would only lead to a dead end. He expressed: "The first lesson I learnt was that no purpose is learnt by taking on the judge. Ultimately the art of advocacy is the art of convincing the judge that your client has the best possible case, though he may not have it actually on law or on facts." 

"Your job is not to antagonise the judge, your job is to communicate that your client has the best possibility"  he added further. 

India Has The Most Fair Criminal Justice System- Justice Oka Explains 

Amidst the criticism of the high pendency of cases in the justice system, Justice Oka acknowledged that the core framework of the criminal justice system in India is one of the best in the world. 

"Let me tell you one thing, I am the one who has publicly criticised the legal system on public platforms, there are huge delays - the cases are not being decided within reasonable time - but one thing you must be proud of is that as far as our justice delivery justice on criminal is concerned, it is the most fair systems in the world." 

He explained that this is so because while Article 19- the right to freedom is available only to the Indian Citizens, but Article 21- the right to life and personal liberty applies to everyone including non-citizens. He gave the example of how the trial of the infamous 26/11 attacks terrorist Ajmal Kasab was ensured trial as per due procedure. 

"That's why we proudly say that the terrorist Ajmal Kasab was given a very fair trial by our system. In the Bombay High Court, when the case came, a very senior lawyer was appointed to defend Ajmal Kasab because we believe is having a very very fair system on the criminal side." 

Only Your Judicial Conscience & Legal Position Controls A Judge, Nobody Else 

 Justice Oka also addressed the immense satisfaction one derives from being a driving factor of the justice system as a judge. He opined that for lawyers various factors apart from the merit of the case may influence the fate of the case, but for a judge only the set legal position and judicial conscience are the deciding factors in each case. 

" The result of your case doesn't depend upon your skill or preparation. You may have a very difficult opponent, a hostile judge etc there are various factors which control you as a lawyer. But as a judge, when you sit on the dias as a judge, nobody can control you with what you want to do with a particular case. You will be guided only by the correct legal position and your judicial conscience. Nobody can control what a judge can do by sitting on a dias." 

"It is because of this factor that you get enormous satisfaction while sitting as a judge." He added. 

Justice Ujjal Bhuyan was also present at the event and delivered a presidential address. 

The event can be viewed here.