Saturday, December 18, 2010

Bail

One of the most important things that have come across my end is the matters around Bail. Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (and possibly be brought up on charges of the crime of failure to appear). In some cases bail money may be returned at the end of the trial, if all court appearances are made, regardless of whether the person is found guilty or not guilty of the crime accused.
12th September 2009, Saturday early hours of the day I got a call from the police station to meet a family who was behind bars… I had never handled any bail matter on my own independently, it was always with my senior or someone in the staff used to do most of the work for me. Unfortunately my senior was not available… nor was anybody in the staff reachable. I reached the station drenched in rain and met the cop to understand the issue in detail… the family was in pain… guilty or not is not of much importance in the profession on the step one… often if you scrub data you will find the innocent more behind bars than the guilty… any way this was a challenge for me… I had to do it all alone… right from drafting … filing at the court… and getting the family back to their homes…
I ran to the court… pulled a paper from my bag and started to draft… suddenly I realized why take much trouble instead looked in my laptop and pulled an old draft template… luckily computers have made work more easy now a days… took a copy and made required alterations in the template and was ready with all required materials by 10:40 AM… good luck… I got a call from my senior and all that she told is best of luck… collect the fees and return to the office … wasn’t that funny… but that’s profession… if we do it out of charity how will our office run, none the less after hearing to the cries of the family I somewhere knew they are not guilty and I had made up my mind to help them.
11:00 AM, Magistrate court, Bangalore I moved the application and good I got a time to revisit the court at 3:00 PM. I came down and went to the ganapathi temple prayed god … came to the parking picked my bike and reached to the office… told my senior the entire story and she educated me with a little more on professionalism… there were a couple of things like the lawyers contract and discussion with the clients that had to be documented too… well we then went to the police station together and I saw how my senior was speaking to the cop… the way she spoke to the client and it was a learning experience to me. I actually had a mixed feeling was unable to understand how to be so cut throat but this profession is so… love your clients and you lose out to be professional… my senior told me of a given hundred folks less than a 10 will pay you for your efforts and others once out of trouble… they will thank you and you will not get what you deserve..., this is how the profession is… none the less it was 3:00 and my time to visit the court and argue to get the family out from the station.
3:00 PM, Magistrate court, Bangalore… I was back at the court and started my arguments, it’s not what we watch in movies or television serials … the arguments are more sober and to the point by 3:45 I was thru and at 5:00 after paying the required money at the court I was able to get the orders for them and finally they were out of the station.
I had asked them to meet us with the fees for the work done the entire day at 6:00 to the office… to my surprise and much to what my senior had predicted they did not arrive… I called up to follow up asking on why they did not arrive and in reply I learnt they were at the temple offering prayers and will come to meet us on Monday. I told them about the fees and provided them all the info that my senior had discussed.
21st September 2009, Monday 11:00 AM I had a knock at the office and this person arrived, he looked more confident from what I saw him at the station on Saturday, it’s a funny world folks when in trouble were willing to do whatever and now he was negotiating on the fees with my senior… there are many more instances but this was my first one where I learnt two things… don’t be emotional with clients… be professional and let your clients know in advance what they will expect as fees and other funds involved. Now this is the advantage when you work under a senior … all that you are jittery to speak to the client you have your senior who speaks and the good thing is clients when discuss with seniors are more willing to do simply obey them… it’s not the seniority but the way folks speak and this is what is called experience.
Reach me at 9845944896 or email me at lawyersonia@gmail.com if you need any advice or if you are in trouble… I understand what one goes thru in such a situation ...

Thursday, March 11, 2010

The Divorce Petition

Well begun is half done…
"If you have a good beginning, you are quite likely going to have a great outcome.”

50% of the battle is won on the basis of the good drafting of the Divorce Petition. I have spent hours together on understanding the best way to draft a petition. We use all of our divorce expertise in drafting of the Petition and lay a strong foundation for the entire contested divorce case… fortunately or unfortunately the computer era has made it much easy to use a template and fill in the blanks… and in few minutes a draft is ready….

I strongly go against this practice… and also recommend folks who are reading my blog and if you are an advocate… take this as a lesson learnt from my past experience … don’t fill in a template and file a divorce case…

I believe, every case is unique in itself, every client who comes to you has a unique problem, it’s the first time for a client that he/she is going thru a disturbed marriage. There can be various ways to understand the big picture. We just cant classify all cases of domestic violence to be the same like husband is abusive towards the wife… you listen to the client and use a template that has few statements on physical abuse and verbal abuse etc… and write a draft…

My success has been when I am with the client and understand in detail what she is speaking, listen, see and feel what she is going thru, empathize with her and to the very best explain her what options she has and let her chose the best. Be honest and tell her the truth… explain her what all are the things that will happen after a case is field and the duration and court proceedings. We all know the judiciary… its not magic things will not get resolved in a day or two it takes time… counsel your client and give more than a 100% assurance of effort that you will put in from your side and need a 100% support from the client.

Divorce is not a simple issue its multifarious and complex, hard-core emotions are involved in it, clients when speak to me they sometimes get angry, annoyed, cry etc… its very important to be with them and assure your complete support. Unlike other cases I have seen in my early days of practice a Divorce case is not a dispute for generating revenue or income but a personal battle fought in the Court to get justice.

Drafting a petition is a very crucial and an important stage and it should be effective. Effective drafting involves lot of concentration to every word that your client had shared with you and a lot of effort needs to be put in balancing the legal and personal interest of clients, it takes time and practice, I should have drafted more than a 100 petitions to get a one best after a lot of review.
One other interesting experience of mine that I wish to share in this blog… we often interpret things in a very different way the client has shared with us. We go adding few of our own things and make it a masala mixture that the client may have never experienced in her life. Just to make the case strong we may write something that has never happened. Despite the fact that you are an excellent in your communication skills, its significant to have true issues arising out of genuine facts so that it should make one understand that you have just not filled in the blanks of a ready made divorce petition template or one standard form of Divorce Petition.


You can rely on my experience in getting divorce Petition drafted that is a resonance your true emotions !!!!!

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