Recently, a senior counsel of Bombay high court was arguing a case in court. But his junior kept on poking to stop arguing. When the senior counsel stopped, he asked him why he was poking him. The junior told him that he was arguing for the wrong side. The senior counsel then realized the mistake. He turned the arguments by saying that these are the points on which the counsel of the opposite side could argue and then he will start his arguments.
This shows that a lawyer can show the case from both perspectives, pros, and cons. It is important how a lawyer presents his arguments in court. The better a lawyer can present his arguments in a court the better lawyer he is.
This blog will help you improve your arguments in a case. There are 12 techniques through which you can improve your arguments. Here in this blog, we will talk about 6 such techniques.
Techniques To Improve Arguments
- Understanding the brief properly
Write down every detail that the client mentions in a note sheet. You can use a voice recorder or any other way through which you can record the entire conversation. This is important as sometimes you may not realize the importance of detail but it may be helpful later. Remember to take the permission of the client before recording any conversation.
- Doing the research
After listening to all the details of your client, you need to start doing basic research. While researching for making the draft you need to read the bare act. We usually search on google for anything and forget to read the bare act. The law on which you will be arguing read the provisions of its bare act thoroughly. read it repeatedly. Because after reading the bare act again and again you will have a new perspective and interpretation of the bare act. After reading the bare act, read all the details regarding the section in the commentary. Do not filter the information, read all the information in the commentary. Then search for related case laws on google and learn about the supreme court judgments on such cases. After completing this research, you can argue well in a courtroom.
- Preparing Yourself
After understanding the brief and completing the research you need to start preparing yourself. Before going to court you need to read the paper file entirely on which you will be arguing in court. If you are arguing from the civil side then read the plaint, rejoinder, written statement, or any other application which you have moved in the court properly. On the other hand, talking about the criminal side, if you are challenging an F.I.R. then read the F.I.R and charge sheet properly. Sometimes it gets difficult to remember the details of a case and then prepare a synopsis of the case. For making the synopsis divide the part into 3 parts: date, particulars, and page number. You can also give a copy of the synopsis to the judges so it will be easier for you to refer to the part in which you are arguing.
- Refine the argument you have prepared
You do not have much time for your arguing on your petition in the high court or supreme court. There you need to be precise with your argument. Keep your argument short and precise.
Sometimes you may be anxious about forgetting your series of arguments in case the judge asked you a question in between your argument. to counter this you need to build up your confidence. Start by saying all the arguments in front of a mirror. By doing this you can see your expression and get clarity in your voice. Or else you can imagine yourself in a courtroom arguing. This is called the theory of imagination.
According to harish salve (a senior advocate who practices in the supreme court), while concluding your case you can remind the judges of the possible negative consequences if the grief is not provided to the client. This is called reverse psychology. This can make the judges compel you to pass the judgment in your favor considering the possible negative effects of the opposite decision.
- Be confident
Do not think about winning the case or that your reputation is at stake. As a lawyer, your only duty is to present the brief of your client in court and argue well. All you need to do is argue well and answer the question of the judges.
- Dress up well
Dress up in a proper manner. Wear clean and tidy clothes. This will improve your first impression in front of the judges. Also, keep a good expression on your face.
For being a good lawyer, there are many essentials that you need to be good at. Among them, one it is important to know how to present a good argument. If you use these 6 techniques as a practicing counsel then you will see a notable improvement in your arguments. Which will help you in growing your career.
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