First Deserve then Desire

It was 3 am and I was engrossed in preparing a case . A famous proverb flashed across my overworked mind that is “first deserve then desire ‘ .I returned back to my case but the proverb remained at the back of my mind. The next afternoon, after a hectic day of arguments in the courts ,I reflected and had the luxury to revert to the connotation of the proverb after having had  time to think. In my opinion this proverb has an intimate relation with the profession of law, whether you want to excel as a lawyer or a judge. As far as I am concerned I would be astonished to know about a success story in the legal profession without ethics , hardwork and late nights.

Coming back to the first half of the famous proverb that is “ first deserve “ how does this part relate to the profession of law? In my humble opinion it relates to the ingredients of the dish which is called a “top lawyer”. As we have heard ad nauseum there is no substitute to hard work but what does hard work in the profession of law actually imply ?

It is the foundation based on ethics, mannerism, grip on the facts, enlightening research, a 360 degree view and an understanding of the valid and applicable laws, resulting into a well drafted document, followed by quick witted advocacy with the objective being to assist the bench while being fair, honest and courageous.

Read  and Research

Out of many ingredients the most important ingredient is to read and research the case laws or precedents of the Superior Courts. While addressing this point it is relevant to mention here what Justice Felix Frankfurter (former supreme court justice of the United States of America ) advised a young student on law as a career.He advised “The best way to prepare for law is to be a well read person”. I personally feel this is an advice to be conscientiously followed. The beauty of this profession is it is based on logic and reasoning and both of these are enhanced with more reading. It is also very important to not just read law books and statutes but other relevant literature as well. Your client can be anybody a doctor, a business person, a scientist, an oil and gas exploration company, a power generating plant, a mining company or more. That does not mean that a lawyer should specialise in medicine or engineering or production of minerals but he has to have an exposure of various sectors to understand divergent aspects of different professions and businesses . Such varied exposure and diverse knowledge ultimately allows the lawyer to comprehend and present the case and convince the judges.

Doers and Dreamers

As a rookie if I may say, all of us want to become a professional, but it is the path we choose or again if I may say it is the difference between a dreamer or a doer.What then is  that difference ? A dreamer only dreams while a doer executes. What execution in our profession actually is? It starts with the basics and for me it is marking my attendance before a particular time in the morning at the office, it is going through the file again and again while preparing a productive yet skeleton argument and a brief, while tagging the file in a manner which is more convenient for the team to synchronise and while assisting the court on a matter.The ethics of the profession demand that you advise the client properly and fairly present the case before the judges.

Remain Updated

Update yourself is the key and that is also derived from what was discussed above.Become a well read and widely read person. Grasp and comprehend the latest judgements,  make sure not to rely on or cite over ruled  or irrelevant cases and this is the crux of a fair and sagacious advice given in an interview by a senior advocate of the Supreme Court of India Fali S Nariman.Once a trust is established with the judges then a lawyers face value is established.

Such are my personal observations based on my experience in the legal profession and what I gleaned from my seniors and the bench.  As is said learning never stops and one should not fall in the trap of believing in the fallacy of one knowing everything as it is detrimental to oneself. We can say that one may strive to know more, practice and inculcate discipline and maintain the highest ethical standards along with hard work , passion and consistency .To then ” Desire when We deserve “. Last but not the least the profession of law is a profession full of surprises.

 

The contributor Basim Naser (LLB Hons) is a practicing lawyer and has served as a youth minister for law and parliamentary affairs at national youth assembly.

He has addressed UK members of parliament, in Port Cullis House London and also represented Pakistan on behalf of national youth assembly in Khartoum, Sudan