Law schools teach us the colonial etiquettes of court craft. That is exactly what we expect at first from the trial courts, this is the time when reality knocks the door. Court craft in lower courts is different from High Courts and Supreme Court as well as what we are taught in Law schools. It is one of the reasons internships are made mandatory in law schools.
Primary motive is to make a student acquaint with the profession they are going to pursue. Application of the subject and practical knowledge of the same is another reason. Further most cases of High Courts and Supreme Court are cases in appeal from lower courts, without understanding the procedure and working of lower courts it is impossible to understand the decision of lower court and further the decision laid by appellate court on its line. Often students choose to intern at Supreme Court or High Court, however lower courts have its own significance.
Advocacy in Lower Courts are simple and has a set paradigm, which is not difficult to understand. All cases have more or less the same facts with same plea, without much application of mind. Drafting is no exception. They have created a format for themselves with which they work. They have built a community of lawyers. Practicing Advocates are not dire enemies of each other, as it always has been portrayed in Bollywood movies, rather they are often in friendly terms with each other. Anyhow nobody would teach you all this, they are often too busy with their work. So what should be done?
These Advocate are not professors, neither would they be paid to teach you. Basically there’s no spoon feeding at this professional stage. The only way to learn is to observe and volunteer. Reading case files help to understand importance of words and interpretation and observing proceeding of court let us know the procedure. In addition to all this one would also know the loop whole in procedures and law.
Thus such internships give insights of our profession and also help in building professional attitude.
Author: Dimpi Vaidya