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Speaking Confidently Before the Court: From a Croaking Bullfrog to a Barking Bulldog

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Speaking Confidently Before the Court: From a Croaking Bullfrog to a Barking Bulldog | By Protik Da
february 16, 2013 by administrator leave a comment

By Protik Da

Tagores prose masterpiece, Shesher Kobita, depended at the end on a free translation of John Donnes For Go hold your tongue and let me love. In law, the worst mistake that a fresh lawyer can do is to hold his tongue when appearing in Court.

We are all familiar with that sudden drying of the throat, the clammy hands, the knees knocking together, the heart poundi Court, for the first time.

blood-sudden heat that overwhelms us when we can hear nothing, see nothing but freeze in terror that we will have to a

That is what it feels like to every junior opening his mouth before the Judge for the very first time, and dont let anyo that it is not so.

It does not matter if you were the demigod of debates in school, the monarch of moots, if you have the original gift of the g mouth and your mouth to remain obstinately shut.

you speak before a Judge for the first time in Court, there is a real, visceral fear that grips you and forces your tongue to clea

Later on you relive the moment a hundred thousand times and in your waking dreams that instant of utter humiliation is re-w a speech that would have made Cicero proud and Demosthenes weep. However, the moments gone.
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Speaking Confidently Before the Court: From a Croaking Bullfrog to a Barking Bulldog

Yet it is this first time that is most important in the life of counsel. We must speak because once we let this moment go, th never leave us. We will stutter, and our best prepared submissions will fall flat. I have seen juniors galore who, while very good in every other way, got stage fright the first time, could not speak a single could never argue again.

even if the Judge took pity on them and argued their side of the case and passed a favourable order after hearing the othe

They would always brief a senior to lead them, and even after doing the entire research and strategy would recede into the b of also appeared. I used to debate quite a lot. My first appearance, the first day after my enrolment, was before an Honble Judge who family friend. Just the evening before, he inaugurated a local cultural programme where I was mixing the music.

(Yes I used to do that too. I used to be a compere of Western Music at the All India Radio Calcutta in the days when rad the most popular form of entertainment and I used to write professionally to make a few bucks).

In the morning, though, when I raised my eyes and saw the same face, but around a mile higher than me, suddenly my voi and I could not say even a word this was not a Kaku or Uncle so and So. This was His Lordship. I froze, like a rabbit a snake which is watching it. -

For what felt like years, but was in reality only scant seconds, I forced myself to speak, each syllable croaked out frog in heat, until the words flowed smoothly and loudly.

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Speaking Confidently Before the Court: From a Croaking Bullfrog to a Barking Bulldog

Yet after I had finished, I did not know whether the Judge had heard me, and if he had, whether he had understood me, and whether I had done all that I should have done.

I stood there, holding eternity by the hand, when suddenly the red fog cleared, my breath normalized and I could hear the Ju All right, Mr. Banerji, the interim order is extended for two weeks or until further orders whichever is earlier.

I still stood there, waiting for Godot or his younger brother, until the Judge taking pity said Well done, Mr. Banerji. We ha your Lordship and retreated. The trick, if you call it that, is psyching yourself into believing that the man in front and sitting up so high, is just a grumpy relative who is a stickler for politeness and formality but whom you must please to be remembered in the Will. You will have to speak and be audible and get what your client wants. When the throat constricts and fear washes across just tell yourself, If I dont speak now, I never will and the Judge will think that I am an utter idiot and everyone in remember this and ridicule me so, for the sake of everything high and holy, SPEAAAAAAAAAAAAAAK.

an order in your favour. Now you may leave. It was then that my observation in Court kicked in and I mumbled a much

If that does not work, call yourself the foulest names, ask yourself to do anatomically impossible and unspeakable things to and dear relatives; sing a grand opera in your head if you have to; but for heavens sake speak. That first time is the hardest. It only gets better after that. Trust me, I have made a livelihood out of speaking.

EXCERPTS FROM EMINEMS LOSE YOURSELF WHICH TELLS YOU THE SAME THING, IN A FAR MANNER. Look, if you had one shot, or one opportunity To seize everything you ever wanted in one moment Would you capture it or just let it slip? His palms are sweaty, knees weak, arms are heavy Theres vomit on his sweater already, moms spaghetti Hes nervous, but on the surface he looks calm and ready to drop bombs, But he keeps on forgetting what he wrote down, The whole crowd goes so loud

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Speaking Confidently Before the Court: From a Croaking Bullfrog to a Barking Bulldog

He opens his mouth, but the words wont come out Hes choking how, everybodys joking now The clocks run out, times up over, bloah! Snap back to reality, Oh there goes gravity Oh, there goes Rabbit, he choked Hes so mad, but he wont give up that Easy, no He wont have it, he knows his whole backs to these ropes It dont matter, hes dope He knows that but hes broke Hes so stagnant, he knows When he goes back to his mobile home, thats when its Back to the lab again, This whole rhapsody He better go capture this moment and hope it dont pass him You better lose yourself in the music, the moment You own it, you better never let it go You only get one shot, do not miss your chance to blow This opportunity comes once in a lifetime yo You better lose yourself in the music, the moment You own it, you better never let it go
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Speaking Confidently Before the Court: From a Croaking Bullfrog to a Barking Bulldog

You only get one shot, do not miss your chance to blow This opportunity comes once in a lifetime yo.

Mr. Protik Prokash Banerji, popularly called Protik da by law students is an advocate at the Kolkata HC. Inter

chambers is an experience of a life time. People who learn drafting and oratory skills from him swear by the excellent teache 1995. Presently Protik Da is the Junior Standing Counsel, Govt of West Bengal, HC at Calcutta. Image from here. -

talks about movies and literature as authoritatively as he talks on law and wrote on such subjects for the Economic Time

Related posts:
1. The Art of Silence When Arguing in Court 2. 6 Tips (Actually More) on Drafting Moot Memorials and Moot Court Strategies- Part I 3. Starting-up a Law Firm, Independent Litigation Practice? Protik Das 8 Point Strategy on Getting Paid 4. Why a District Court Internship Should be a Must-Do for Every Law Student in India
filed under: career advice, protik da court

tagged with: art of arguing before a court of law, litigation india, speaking in court, tips for sp

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Speaking Confidently Before the Court: From a Croaking Bullfrog to a Barking Bulldog

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