Last Updated on August 7, 2020 by Satish Mishra
Legal Drafting is everything for an aspiring Young law graduate wishing to practice in Indian Courts.
Even for a law student, legal intern, law fresher, junior lawyers or legal associates who are low in confidence regarding legal drafting can take benefit from this certificate legal drafting course online in just 30 days.
Giving you a short glimpse of Formal Para’s in legal drafting.
This post covers what all you need to know before drafting up your first court case.
Out of all streams, law students seem to be more confused as the application of law in courts is far distant from what we see in the courts.
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Now let’s see the eccentric requirements for drafting your first petition in court of law before the judge:
1 Jurisdiction– check straight from the bare Act. Google it or ask your friend but don’t start without knowing it. You just can’t file a court case wherever you want. Be it criminal, civil, consumer, company, service matter etc.
2 Limitation– Once again you cannot just file the court case whenever you want. It has to be filed within certain time limit, or else law of limitation comes into play that means one who sleeps over his rights get nothing from courts. So read the specific bare Act, read it online or ask your senior to know it. If in case you exceed the time limit , then you have to seek condonation of Delay which may or may not get accepted.
3 Court Fees – Nothing comes free in this world be it a court case. Every case is to be accompanied by a requisite court fee which is usually stamped on petition. So know in advance how much tickets are required on what denomination. Best is to ask Munshi or clerks who are masters on this.
4 Any Previous case – You cannot file multiple cases on a single cause. Thus only one forum one case is to be followed. If any connected case or previous pending litigation, it has to be mentioned in the petition else it will have reverse effect on your case.
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5 Alternate Remedy – It is important to exhaust all your alternate remedies or give legal representation before coming to the court. It is prudent to get a refusal from asking authority than to approach court straightaway. Courts are never inclined to interfere in administrative working of institutions unless some glaring irregularities appear.
6 Cause of Action- Explain why a particular problem has arose now only and what has been done about it till now. Courts should know the timeline how problem has persisted and why is it before court now. From the perspective of limitation also, cause of action plays a important role. So cite it clearly in your petitions.
7 Miscellaneous- This is a general rule to move separate application along with main case if you are seeking stay, Interim relief, condonation, exemptions, or any particular relief which is distinguishable and necessary for proper adjudication of the case.
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Rest, it is only with time when you will see more of legal documents, draft it on your own and enhance your legal knowledge with the law concerned that you can master legal drafting of petitions for courts.
Remember there are no shortcuts and that’s why we say it practice in legal profession. It’s an everyday work to hone your craft else day miss is day gone which is in fact for every profession but this course is surely meant to give you insight into world of legal drafting.
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Or if you go by old school methods , then keep minimum 2-3 years with yourself to master the craft. That to if you are able to see that much work else depends the kind of law offices where you will get the opportunity to work.
Big law offices have work but don’t have time, small has time but less of work. So ideally it should be a mix of both.
Remember, young lawyers don’t have choices. The seniors work will come to you only. I mean the kind of cases he/she is taking. You can’t ask to work on a specific law field since it’s not your law school but a law office, where your are given work to see, learn and understand.
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I guess that’s why nobody pays you in the beginning in this legal profession. Don’t worry since I have experienced the same. Why would somebody be training competition for himself who would take his work later, just think about it. Especially for first generation or newcomer it’s a real kill.
Don’t expect anyone to give you his/her brief so that you can experiment upon it. I guess you will also do the same if work is exclusively entrusted upon you and nobody else. That’s why good lawyers don’t expect juniors to play with their briefs.
And that’s where these courses like best legal drafting course for law students, legal interns, junior lawyers comes into play.
Rest, there can’t be enough never said about this course ever unless you opt for it. Law is a vast field and don’t expect you would know it all in a single day or a month as it takes years to figure out the profession.
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So decide it for yourself and only if you have specific questions regarding this certificate legal drafting course online, feel free to call 99888-17966. I am Advocate Satish Mishra.
