Hiring a Lawyer!

What it is to be a Lawyer?

To tell it in one word: ‘CONFLICT’.

A lawyer is always in conflict. Torn between courts, matters, clients and family. Extended work hours does not make it easy. No doubt as the lawyers grow old they become snappy.

Classes of lawyers:

But let’s us first be clear as to who is a lawyer. Under English Law, there are two classes of lawyers i.e. Barrister and Solicitor. Barrister is supposed to be expert in law, an expressionist, an orator and a court artist. Solicitor is a lawyer who is supposed to be expert in Procedure, Handling clients, Properties, accounts, and with fair working knowledge of law. It is a different matter that UK is moving toward unification of two classes. But the above distinction of proficiency in law or procedure always exists. The reason ? Well that is another story. In UK there is a sub class of Barrister called ‘Queen’s Counsel‘.  Continue reading

Becoming a practising lawyer.

This is the question asked: “How to become a lawyer?” The questioner, after nearly a decade of trying as a junior with a lawyer in specialised practice, was having second thoughts. With a family to support, the reasons were obvious: lack of sufficient income. It was actual lack not the usual below expectation type of shortfall.
Lawyers profession in India especially in mufossil or small towns in India is grossly unorganised besides being as enigmatic as elsewhere. However being unobservant does not help. There are few facts which need to be noticed and few considerations to be kept in mind. These are:

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Legal Drafting by Chartered or Certified Accountants, Clerks or Estate Agents.

Drafting a legal document is a very specialized job which is not taken seriously at all. In this copy, paste and template culture the problem has become worst. To draft a legal document, the draft-man must have knowledge of legal requirements and ability to read the document. By reading means, the manner in which it would be read in a court of law. Reading a document is based on principles of interpretation. These principles differ for different documents and sometime for different clauses of same document.

This is the title deeds for the Duke of Exeter.

This is the title deeds for the Duke of Exeter. (Photo credit: Wikipedia)

Principles of interpretation

Broadly any clause in a document can be read in three ways:
1. Strict or literal construction;
2. Liberal or objective construction;
3. Moderate or harmonious construction
Apart from above macro classification, different laws have its own specific requirements. Some require Formal deed some do not insist on formality. Contrary to popular belief ordinary law of contract in India and most of the countries, do not require a signed contract, for most of transactions.

Accountants, Clerks and Estate agents Continue reading