Advocate BK Singh Shares Insights on Preparation and Precision at the Delhi High Court
A candid chat with Advocate BK Singh on professional culture of Delhi High Court, preparation before courts, legal drafting, judicial discipline, responsibility towards client and what young advocates can learn while practicing in India’s premier constitutional court.
Introduction
Delhi High Court is quite unique in its stature when it comes to litigation in India. Located in India’s capital city, Delhi High Court sees Constitutional petitions, writ petitions, commercial disputes, arbitration matters, IPR disputes, service matters, banking cases, criminal proceedings and litigation involving properties and public authorities.
Appearances before Delhi High Court mean that lawyers need to be more than just aware of law. You need to have grasp over hundreds of pages of documents, you need to be up-to-date with recent rulings, you need to be clear on what relief you seek and also be able to think on your feet when the Court questions you out of nowhere.
In this exclusive interview with Lawyers Club India Advocate BK Singh talks about practicing before Delhi High Court, what makes a good advocate and how preparation is key to successful advocacy in any courtroom.
He also answers questions on the problems faced by new lawyers, importance of drafting and a lawyer’s accountability towards his client when he or she chooses to come to him with legal disputes.
Self Introduction by Advocate BK Singh
Hi. I am Advocate BK Singh. I practice Civil disputes, Property disputes, Bank Finance disputes, DRT cases, SARFAESI cases, Consumer cases, cheque bounce cases, commercial cases and matters relating to various courts and tribunals.
No two legal problems are the same. Even if two clients have disputes that are seemingly identical, their respective documents, facts, timelines and legal positions may be entirely different.
That is why my approach has always been straightforward: Understand the client’s problem. Read the documents carefully. Identify the true legal issues. And provide a legal opinion that is grounded in fact and law instead of assumption.
Courtroom advocacy starts long before you walk into the courtroom. It starts when you read the file.
Exclusive Interview with Advocate BK Singh
Q1. What makes practising before the Delhi High Court professionally demanding?
The Delhi High Court hears an extremely diverse range of cases. Civil suits, constitutional law matters, commercial litigation, arbitration, criminal petitions, service matters, Intellectual property disputes, banking cases — everything is present in the same Court.
That’s why it is such a challenging place to practice.
An advocate cannot merely rely on his/her knowledge of “Law”.
The lawyer needs to know the exact provision, facts of the case, stage of proceedings, precedents relating to that case.
The Judge might question you on a very basic point. You must know where to find the answer – whether in the pleadings or documents or in statutory provisions.
So preparation is KEY.
Q2. What do you admire about lawyers practising before the Delhi High Court?
Let me count the ways…I like when lawyers are adaptable.
Delhi lawyers practice in front of multiple courts, tribunals, government authorities and regulatory institutions. Some advocates may practice in Delhi High Court, Supreme Court, District Courts and even special tribunals based on their practice areas.
Such exposure opens them up to understanding various types of litigation.
Another thing I like is when lawyers are brief. Courts are busy places. When an advocate figures out what the real issue is and communicates it effectively, they are performing a valuable service.
Long speeches are not always good advocacy. Sometimes the best advocacy can be done in a couple of sentences.
Q3. How important is preparation before appearing in the Delhi High Court?
Preparation, preparation and preparation.
Prior to recording any critical issue on matter, the advocate must be aware of chronology, pleadings, documents, statutory provisions and prior orders and relevant judgments.
Further, an advocate should even be conversant with his client's case's weaknesses.
Often people prepare their file only up to their strongest argument. That's not sufficient.
You should ask yourself what that other lawyer is going to argue and what questions is the Court likely to ask. If there is a file, the lawyer must know about the unpleasant fact before the judge points it out.
If you prepare well, you feel confident. Because you aren't looking for answers in the courtroom.
Q4. Does legal drafting become especially important in High Court litigation?
Certainly.
It should provide the Court with a clear picture of three basic items: Who did what, What law was broken and what do you want?
Drafting need not be overly complex.
Lengthy sentences, incomprehensible legalese and reiterating facts do not make a pleading better. Clarity is king.
Dates should match. Documents should support factual allegations. Grounds should be supported by law. The prayer clause should reflect what relief the party is actually asking for.
An advocate should keep in mind that when a judge first learns about a dispute it may very well be from the pleading.
For this reason, the drafting needs to tell the legal story.
Q5. What is different about handling writ matters before the Delhi High Court?
Writ jurisdiction needs to be analyzed carefully since not every grievance can be made into a writ petition.
Issues such as maintainability, availability of alternative remedies, jurisdiction, element of public law, delay, nature of the authority etc. start becoming relevant.
An advocate first needs to understand the actual facts.
At times, though the complainant maybe emotionally certain that a wrong has been done, the lawyer has to analyze whether the facts at hand do really establish a legally sustainable cause for moving the High Court.
That line between complaint and cause of action is crucial.
Q6. What role does courtroom clarity play before a High Court?
A tremendously important role.
If you call a matter, you should be able to explain it yourself in one sentence. What is this case about?
Who did what?
What is the legal issue?
What immediate relief are you seeking?
Where do you have that document?
If you need a few minutes just to explain what the lawsuit is about, then it’s tough to make that presentation. It becomes choppy.
PREPARATION. If you know the file, you can explain it easily.
Q7. What mistakes do young advocates commonly make?
One mistake is focusing too much on talking and not enough on listening. .
In advocacy, you must listen to the judge, opposing counsel and senior lawyers. .
Try not to get caught reading everything without knowing what applies to your case.
New lawyers sometimes compile dozens of judgments when two or three perfectly applicable ones would serve better. .
Don't ignore the facts. .
Yes, law is vital, but a judgment will not fix a shaky grasp of your own factsheet. .
Learn to make a clean chronology and know the documents that back up every material fact statement.
Q8. What can a young lawyer learn simply by observing proceedings in the Delhi High Court?
Lots. Study of cases on court observation will teach you more than you learn from textbooks.
How senior advocates open and close arguments, tackle difficult questions, distinguish cases and when to stop arguing can be learnt by observing them in Court.
Court room mannerism is another lesson you learn from court observation. Sometimes you see an advocate make a brief submission and the Court gets the point. Learning that brevity is key is another lesson you take away from observing good advocacy.
If you are a junior lawyer try and observe as many types of hearings as possible. Don’t restrict yourself to matters that you are involved in.
Q9. Is knowing case law enough to become a successful High Court lawyer?
No. While judgments are of paramount importance, legal practice is about many skills in concert.
One must have legal knowhow as well as know the facts. Drafting skills, advocacy skills, communication skills, professional ethics and emotional self-control are needed in a good advocate.
Knowledge of procedure and the procedural history of the matter are also required. Citing ten judgments will be of little help if you cannot tell the Court what transpired at the previous hearing or where to find the important document in the voluminous case file. Law and facts need to work in harmony.
Q10. How important is honesty with clients in High Court matters?
It matters not what you tell your clients but it does matter that you are honest with them.
Clients will often consult a lawyer looking for instant justice or a guaranteed result. An ethical advocate will not promise an outcome contingent upon the decision of a court.
The attorney must portray the legal issue as it really is.
If there are problems with the case, client should be advised. If litigation will be slow moving, that too should be shared with the client.
Providing legal advice should set reasonable expectations.
An Advocate's reputation is built on Trust. Trust is earned by being honest.
What the Delhi High Court Can Teach a Lawyer
Preparation is before argument
It pays to read the entire record rather than to depend on condensed notes of others.
Facts are as important as law
Flawless legal propositions will not salvage incorrect facts. References to the record must be provided to support every material assertion where necessary.
Write as if the Judge will read it
The Petition must be drafted in a manner that enables the Court to know what the issue is without straining itself. Chronological order, proper head-notes and well framed grounds are some of the factors that aid readability.
Listen to understand
Courts will always give you a chance to speak. Make sure you understand the question before speaking.
Time is the Courts’ treasury
Effective advocacy is concise. Argue only what is necessary. The more you repeat, the lesser you are taken seriously.
Learn something new everyday
Statutes are enacted, amended and legislation changed while judicial decisions are being made every day. Staying abreast by reading is part of the job.
Don’t over promise your Clients
Lawyers can inform their clients about chances and possibilities but should never promise results.
Professionalism is non negotiable
Timefulness, preparedness, courteousness and accountability to the Court and client are key principles that will take you far in your career.
Advocate BK Singh on the Responsibility of a Lawyer
Appearing for client in court is only a small part of being a lawyer BK Singh
Sometimes a client can consult a lawyer at the worst phase of his/her personal or professional life. There may be a dispute involving property. The bank may have started recovery action. There may be litigation pending against business. There could be a civil dispute in family that has been going on for years.
BK Singh realizes that the lawyer therefore needs to understand the real issue.
Documents need to be reviewed. Material facts need to be distinguished from fiction. Legal remedies need to be assessed pragmatically.
Lawyers also have a professional responsibility not to give false hope to clients.
Frequently Asked Questions
1. What are some matters that the Delhi High Court hears?
Delhi High Court hears constitutional and writ petitions, civil and commercial matters, criminal cases, arbitration proceedings, IP matters, service related disputes as well as other proceedings within its jurisdiction.
2. Why is drafting important in High Court matters?
The pleadings help the Court know the facts, grounds and relief sought. Well drafted pleadings help simplify even complex disputes.
3. What should a lawyer know before appearing in Court?
An Advocate should know the facts in chronological order, pleadings filed, all documents, the law that applies to the case, any order already passed by the Court, some key authorities on point as well as the specific relief sought.
4. Can a young Advocate observe proceedings in the High Court?
Yes. Court observations help young Advocates learn about advocacy skills, how judges ask questions, appropriate professional conduct, structure of arguments and actual courtroom practice.
5. Can an advocate assure client of success in Delhi High Court?
No ethics bound Advocate would ever assure a client of success in his matter. Judicial outcomes are based on facts, evidence, law points, procedure and the Court's analysis.
6. Why are facts important in legal proceedings?
Legal proceedings are derived from facts. Lawyers need to know what documents and evidence support the facts presented before Court.
7. Should one cite as many judgments as possible when arguing a case?
No. Quality authority is better than quantity. Try to find judgments which specifically deal with the legal issue you are researching.
8. What makes a good advocate in the High Court?
Preparation, legal knowledge, clarity of thought, drafting skills, patience, discipline, honesty, good communication skills and courtroom etiquette to effectively handle judicial queries.
9. Does Advocate BK Singh take up banking and civil disputes?
Adv. BK Singh has worked on civil litigation matters, property disputes, banking / finance related disputes, DRT / SARFAESI cases, consumer disputes and related litigation based on facts and jurisdiction.
10. What is one piece of advice Advocates BK Singh gives to young lawyers?
Read the file very well. Know the facts and laws. Work on your drafting skills. Observe senior Advocates. And be honest with your clients about their case.
Conclusion
High Court practice is an atmosphere where one’s preparation, legal skills and clarity are constantly challenged.
BK Singh has always believed that effective advocacy starts long before an advocate rises to argue. It starts with reading the documents, understanding the facts, researching the law and pinpointing precisely what the client wants from the Court.
Starting off as a young advocate in the High Court can be overwhelming at first. But that pressure is also what can make it one of the best arenas for learning.
There is a lesson to be learned in every hearing. From how seasoned lawyers shape up an issue; to how Judges narrow down the real question; how good drafting can turn complicated matters simple and how being well prepared helps an advocate think on their feet if the courtroom gets chaotic.
And the beauty of that lesson is that principle stays the same – know your file, know your law, be respectful to the Court and ethical with your client.