In a notable gathering at the Supreme Court Advocates on Record Association (SCAORA) facilitation function, Supreme Court Justice Suryakant emphasized the crucial role of adept legal drafting in the fate of court cases. Addressing newly appointed Advocates on Record (AoRs), Justice Suryakant elucidated the nuanced skill of “convincing drafting,” urging advocates to judiciously manage the disclosure of facts in their submissions.
“Disclose all those facts which are required to be disclosed, but don’t say anything without which your case can stand. So it’s not necessary to repeat anything which need not be mentioned. But at the same time, do not conceal something which requires to be disclosed,” Justice Suryakant advised. He highlighted that effective drafting is an art that transcends the typical curriculum of law schools, emphasizing its pivotal role in shaping judicial opinion.
Justice Kant shared insights from his early career as a first-generation lawyer, recalling how his meticulous attention to drafting quality significantly propelled his professional trajectory. “When the senior counsel, who later retired as the Chief Justice of the High Court, saw my drafting, he got fascinated and said, ‘Alright Surya Kant, do you mind if I send you some important briefs for drafting?’ This eventually led to recognition and more opportunities from other leading lawyers,” he recounted.
Furthermore, Justice Kant shared an anecdote about refining a bail application for a junior, shifting the focus from defense arguments to the essential facts of the case and the FIR, which better aligned with strategic legal framing.
Justice JK Maheshwari also weighed in, highlighting how the strength of a petition could substantially sway judicial inclinations. “We go through briefs every day, and you can tell how much effort an AOR has put into each case. Sometimes, even if there’s not much substance in the case, a well-pleaded brief might lead us to issue notice,” he explained, underlining the impact of drafting on preliminary judicial decisions.
Justice KV Viswanathan congratulated the new AoRs and reminded them of their significant responsibilities. “Just as with power comes responsibility, recognition also comes with a lot of responsibility. It’s the time to celebrate, but also remember your duties towards the institution,” he stated.
The advice from these esteemed justices underscored the foundational importance of legal drafting in the practice of law, marking a pivotal moment for the new AoRs as they embark on their professional journeys armed with wisdom from the highest echelons of the judiciary.
