Oral vs. written communication

Advocate

Oral communication skill is more important for an Advocate than the written communication skill. 

 
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lawyer

I would say that oral communication skill is equally important as that of written communication skill.

 
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I agree with you entirely. It would be too presumptuous to rate one skill more important  than the other.

 
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Advocate

It was argued with me, in India it is very easy to pass LLB exam and students opt for LLB either treating it as add on qualification or as last choice and so not very bright students we find in legal community. It was also argued with me 80% of the Advocates lack written communication skill to present what they want to say to court on behalf of their clients and keep on dragging the cases seeking adjournment from judges.  One judge (I do not want to name) commented with me that 80% of the pending cases in the courts would be finished if the Advocates have written communication skill they waste court's precious time explaining case to judges.

 
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Advocate

Let me share with you my LPO experience.  I did law course but was interested in LPO rather than attending courts.  I went to advocates.  I knew advocates have their own Ego.  They will get the egoistic thought, "don't I know how to write?".  So to please their ego, I used to tell them, "Sir.  It is not that you don't know how to draft, but there are many reasons like lack of time, work pressure would not allow you to concentrate on drafting.  And two heads is better than one head.  After having a glance it what is presented in draft by me, your task becomes easier, make additions, deletions as you like here and there and present it in court". 

 

I noticed the first fear of assigning the task of drafting something on behalf of their clients is that LPO fellow comes to know about the personal details of their clients.  And basic requirement is handing over file (case bundle) placing trust.  So one Advocate told me, you prepare the draft in my office, don't mind if you go through client's file sitting in my office.  I agreed and went to his office.  But you know there lies a strategy involved in how the draft as to how the case is to be presented (or defended as the case may be).  The advocate's ego does not want to agree with me that I know more than him.  So he sits with along with me while I type on his PC.  And keeps making suggestions there itself.  I know he is not good in English.  I know I was presenting case better, but his Ego does not allow him to accept what I say.  He keeps on interrupting me suggesting me do this or that while I was typing.  It means, he wants a "Translator cum Typist" not an LPO guy.  I failed there like that.  But I do feel there is lot of scope for LPO business in India given the fact that many Advocates lack written communication skill. 

 

However I did win the admiration of some clients who read my book Law of Air (which is also upload in the thread : http://www.citehr.com/294003-new-law-government-india-3.html?status=closed) and felt I am the best choice for them, perhaps better than their Advocates and approached me for second opinion on their cases.  I have drafted their cases and their Advocates won cases using that draft instead of wasting their lung power in courts.  Even there advocates did not accept the draft they took.  But the clients threatened them if you don't use this draft I will change you and go to an advocate who will present this in court or I myself will present it taking the permission of judge.  Under the force of their clients they presented the drafts as it is and the judge gave judgment in favor of their clients.

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I have seen in my professional life, the advocates who work only taking possessions U/s.13(4) of SARFAESI Act, 2002 expecting Bank fees of Rs.3000/- and know nothing else than that.  And also the advocates who charge in lacs for cases they argue for.  But do not understand why, even the advocates who have the compulsion to work even for such petty sums on petty cases have so much problem with LPO guys. 

 
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EE

Mr. Chandrashekhar ,

It appears that you yourself are egoist. How you claim that 80 % of the pendency is due to poor drafting skills of advocates at large.

There are many reasons to the pendency of the cases.

I find your case is an isolated example. An exception does not prove the rule.

I hope members will agree

 
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Advocate

Mr. Vishnu, first learn to read contents properly I did not say that.  I said it was argued with me like that by some other person.

 

"It was also argued with me 80% of the Advocates lack written communication skill to present what they want to say to court on behalf of their clients and keep on dragging the cases seeking adjournment from judges."

 
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Director

Dear Chandrasekhar,

 

I agree with you 200%.  LLB is normally a 3rd choice for most practicing lawyers. Those that are truly passionate or following a family business is a smaller percentage.

Drafting is a skill and most lawyers dont have it. 

Please email me your contact info.  We could possibly work together.

 

thanks,

 

 

 
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