Certificate Course in Civil Litigation: Drafting, Procedure and Strategy by LawSikho: Batch Starts March 15

Are you are a young aspiring civil litigator? Are you scared by stories of never-ending struggle involved in setting up a career in civil litigation?

We all have that one relative telling us that litigation is a tough grind, and that it pays peanuts in the initial years.

People might also suggest that its tough in black robes if you are a first generation lawyer and don’t have any jugaad in the legal fraternity.

You might also have heard that its difficult to find a good senior who will act as a guiding light in your formative years.

You might have seen many juniors juggling only between case diaries and case files, doing mere clerical work for at least the first 6 months of their juniorship.

This may demotivate you in case you dream of working as a litigator.

But remember one critical thing, that most of these young lawyers suffer from lack of prior training, deficiency of skill and knowledge and overall unpreparedness for civil litigation.

The problem is not that there are no opportunities in litigation for youngsters. The problem is worse. It is that there are a lot of opportunities but the young advocates do not know how to capitalize on these opportunities.

Why did you decide to study law

Let me ask you another question. What was your purpose of taking up law?

What will you pursue in life if money is not involved?

If you are someone inclined towards litigation or have an interest in building a civil litigation practice, don’t let these stories weigh your spirits down.

Your career goals can be achieved with the right blend of passion, realistic and practical attitude coupled with focused training and mentorship.

It might be tough to set yourself up in the initial years but that holds true for any profession. Many talented law grads don’t take up litigation fearing financial crunch and lack of a rewarding career path. That’s where the opportunity lies.

A lot of litigators are struggling in the profession because they do not have anyone to show them the right path or help them in their training and development.

The primary purpose of setting up national law universities was to improve the quality of advocacy and encourage young law grads to take up litigation. It can be said with certainty that this objective has not been achieved. Even the NLUs fail to give most of the necessary training to litigators, and the less is said about the rest the better.

Who should take up the mantle to train the new generation of young litigators? The job usually falls on senior lawyers, who are increasingly getting busy and law is getting more and more complex.

Company law used to be far simpler in the 90s compared to what it has become today. SEBI had a handful of regulations in the 90s, but now it has so many rules, regulations, notices, circulars etc that it may take one years to simply just read through them.

Learning lawyering has not remained as easy as it used to be. Clients expect a lot more from their lawyers as they can now learn the law from the internet on their own. The information privilege does not sustain legal careers any more (earlier the fact that you had expensive law books and access to various circulars etc meant clients were fully dependant on you for any kind of legal or regulatory knowledge). Hence your competence is the only key to success as a lawyer.

On top of that cost of living has gone up many fold for young lawyers. They desperately need to earn more than young lawyers in the 80s or 90s had to. As more lawyer are migrating to few big cities, they often do not have to security net of family support.

As a result, earning from the beginning is critical for success.

The primary challenge in doing well as a civil litigator, however, is learning the craft. Learning the sections by heart does not really cut it. Neither does learning thousands of case laws though it is definitely helpful to be knowledgeable.

To be a good civil lawyer, you have to learn a lot of basic groundwork, from drafting plaints, written statements, dozens of applications to how to handle the court clerks. A lot of success in civil litigation is simply a matter of good strategy and forcing your opponent to settle early and it can take many years to get a case officially decided by the court.

It takes immense skill and a sound understanding of procedure to corner your opponent into a difficult situation where settlement is better than fighting on. It is often a matter of getting a stay order or two. Similarly, ensuring that the right evidence goes on record with the correct context is also a big challenge trial lawyers have to deal with. There are a large number of applications that one must learn to draft and file.

Most young civil lawyers currently spend years working under senior lawyers trying to learn the ways of the court and multitudes of skills that hold them in good stead as a civil litigators so that they can eventually go independent. What if we can make that process easier, simpler, more certain, streamlined and easy to access?

That is a quest that led to the creation of this course. Our goal was to teach our students in six months what most lawyers learn in two to three years of initial practice.

To be honest, we spent a lot of time working on this course, and it probably had one of the highest gestation periods out of all the courses we have launched since inception of LawSikho.com. Even before we launched it, a lot of people requested for this course, and we knew that demand is very high. And that is why, getting the course syllabus, material and teaching methodology right was very, very important to us.

Instead of building a course full of sections from CPC, Evidence Act, Specific Relief Act, Limitation Act, NI Act and other civil laws, accompanied by case laws (which are easily available today at your fingertips thanks to technology), we have created a practical civil law course that will help you to dive deep into civil litigation and understand how to steer a civil proceeding through different phases.

This course will simplify the first one to three years of struggle when you start a civil litigation practice on your own or begin to learn under a senior. If you are already having that experience, still go through the syllabus once and see if you are comfortable with the skills and knowledge base covered in the course or whether you need a bit of help to upgrade your skills. Learning fast is a critical factor in moving ahead of your peers, and this course makes that possible.

What is unique about this course

This certificate course provides practical knowledge and know-how to young lawyers and law students who intend to make a mark in civil litigation.

It is a great refresher course for experienced civil lawyers to set upgrade knowledge of the basics and sharpen important skills.

Whether you want to start your own practice, join a senior lawyer or pursue a personal matter, this course will provide a strong foundation.

The course is not limited to a provision-by-provision study of the statute and associated case laws alone

The course trains you on different kinds of actual work that is required to be performed by civil lawyers and other professionals

It is not a mere theoretical study, but hands-on practical lessons where you will have to draft a lot of documents such as petitions and applications

The course is tough and intensive, you will not be awarded the certificate unless you complete all the exercises. You have to spend 8-10 hours per week on this course.

You will get personal attention and coaching from the trainer, and get individual feedback on the quality of work you produce

You will be writing an article every month and with our guidance publish the same either on iPleaders blog or various other industry publications

We will provide you a free course on professional networking, CV writing and interview skills so that you can get internships and jobs under well known and successful civil lawyers.

Those who perform well in class will be recommended to top law firms and law chambers for internships and jobs. If you do not need such help, let us know in what other way we can help you.

After completing the course, you will be able to carry out civil litigation work competently and be at ease with procedural aspects of civil law.

Who should take this course

  • Those who want to practice as civil lawyers
  • Young civil lawyers wanting to get a  firm grip on the basics
  • Senior civil lawyers in need of a refresher course
  • Lawyers from other backgrounds interested in expanding into Civil Litigation
  • In-house Lawyers who often deal with civil litigation or outside litigators
  • Any person who wants to understand the civil law system or deal with their own civil cases better or pursue justice

Syllabus

MODULE #1 PRELIMINARY STEPS FOR LITIGATION DRAFTS, FILING AND COURT MACHINERY

Chapter: Understanding the stages of a civil case

Chapter: How to draft a legal notice or respond to one

(Give few instances and tell about basic provisions of legal notice)

Chapter: Court Machinery & Functioning

Chapter: Where and how to file a suit

Chapter: How to authorize your representative

Chapter: Abbreviations, tagging and nomenclature of different kinds of petitions by courts

Chapter: Case study of unique High Court Procedures

MODULE #2 PLAINT, WRITTEN STATEMENT (INCLUDING SET-OFF & COUNTERCLAIM) AND REPLY

Chapter: How to draft a plaint

Chapter: Types of relief in prayer

Chapter: How to quantify monetary reliefs

Chapter: How to draft a written statement

Chapter: How to draft a reply

Chapter: Filing-related work

Chapter: Service of process

Chapter: When do you need to look at High Court and Supreme Court Rules

MODULE #3 HOW TO DRAFT VARIOUS APPLICATIONS

Chapter: Most common interlocutory petitions

Chapter: How to draft application for Representative Suits (Order 1, Rule 8)

Chapter: How to draft application for Addition or Substitution of Parties (Order 1, Rule 10)

Chapter: How to draft application for Amendment of Pleadings (Order 6, Rule 17)

Chapter: How to draft application for Setting Aside Ex Parte Decree (Order 9, Rule 13)

Chapter: How to draft application for Rejection of Plaint (Order 7, Rule 11)

Chapter: How to draft application for temporary injunction

Chapter: Attachment and Arrest before Judgment

Chapter: Appointment of Commissioners and

Chapter: Appointment of Receivers

Chapter: Appeals and revision petitions against orders and decrees

Chapter: Hearings of interlocutory applications

MODULE #4 TRIAL AND EVIDENCE

Chapter: Basics of Burden and Standard of Proof

Chapter: How to prove a document (including discussion of registration and stamp duty)

Chapter: Discovery and inspection

Chapter: How to prepare list of witnesses and whom to call as witnesst

Chapter: Preparation of questions for examination-in-chief and cross-examination

Chapter: Preparation of questions for re-examination

Chapter: How to draft notice to admit facts and documents

Chapter: How to submit evidence by way of affidavit

Chapter: How to adduce electronic evidence

Chapter: How to draft an application for submission of secondary evidence

Chapter: How to get call detail records (CDR) or data from Facebook, Google and other data available with third parties (ISPs, phone providers)

MODULE #5 ARGUMENTS AND HEARINGS

Chapter: Creation Of Arguments

MODULE #6 EXECUTION, APPEALS AND REVISION

Chapter: How to draft execution petition

MODULE #7 NEGOTIABLE INSTRUMENTS ACT

Chapter: Section 138 Litigation under Negotiable Instruments Act

MODULE #8 LITIGATION STRATEGY AND CASE MANAGEMENT

Chapter: Preparation of a basic litigation strategy based on facts and client outcomes

Chapter: Litigation strategy for divorce cases

Chapter: Litigation strategy for money recovery cases

Chapter: How to write a legal opinion?

Chapter: How to Manage Relations With Court Clerks, and Readers/ Ahlmads

Chapter: Pricing your services and recovery

Chapter: Strategies for case management

MODULE #9 CONSUMER LITIGATION

Chapter: How to build your case strategy

Chapter: Drafting challenges in consumer cases

Chapter: How to defend a business in consumer cases

MODULE #10 RIGHT TO INFORMATION ACT

Chapter: All you need to know about RTI

Chapter: Drafting an RTI application

Chapter: Filing an RTI application

Chapter: Appeals and complaints

List of weekly exercises

  1. Draft a legal notice
  2. Draft a response to legal notice
  3. Determine preliminary aspects of case filing such as value of suit and court fee
  4. Draft prayers for each of the following:
  5. Declaratory relief, e.g. declaration of title
  6. Mandatory Injunction
  7. Eviction
  8. Breach of contract/ Recovery of money/ damages/ compensation for breach of contract
  9. Partition
  10. Draft a plaint for any one of the following:
  11. Declaratory relief, e.g. declaration of title
  12. Mandatory Injunction
  13. Eviction (property dispute)
  14. Breach of contract/ Recovery of money/ damages/ compensation
  15. Breach of confidentiality
  16. Partition
  17. IP Infringement Suit (for copyright & trademark)
  18. Draft a written statement
  19. Add a Set-Off/ Counter-claim
  20. Draft an application for temporary injunction (including ex-parte injunction)
  21. Draft a response to an application for temporary injunction
  22. How to draft application for vacation of temporary injunction
  23. How to draft application for revision against (or refusal to grant) a temporary injunction
  24. How to draft an appeal/ revision against (or refusal to grant) an interim order
  25. How to draft application for Representative Suits (Order 1, Rule 8)
  26. How to draft application for Addition or Substitution of Parties (Order 1, Rule 10)
  27. How to draft application for Amendment of Pleadings (Order 6, Rule 17)
  28. How to draft application for Setting Aside Ex Parte Decree (Order 9, Rule 13)
  29. How to draft application for Rejection of Plaint (Order 7, Rule 11)
  30. Draft notice for admission or denial of facts and documents
  31. Draft an affidavit for documents for admission / denial
  32. Draft a reply to an affidavit for documents for admission / denial
  33. Prepare a list of witnesses
  34. Prepare interrogatories
  35. How to get call detail records (CDR) or data from Facebook, Google and other data available with third parties (ISPs, phone providers)
  36. Prepare questionnaire for examination of chief and cross examination of a particular witness
  37. How to inspect or obtain copies of books of accounts, etc.
  38. Frame an argument on a point of law based on case research
  39. Prepare a note for your own final arguments (based on a given fact situation where evidence has been adduced on record)
  40. Draft an execution petition
  41. Draft a first appeal
  42. Draft a second appeal
  43. Draft a revision petition
  44. Draft a review petition
  45. Draft an application u/s 138 NI Act
  46. Draft a complaint under NI Act
  47. Prepare a litigation strategy for a client who wants compensation
  48. Prepare an invoice with terms of payment
  49. Draft a caveat
  50. Prepare a legal opinion advising a client on legal validity of a particular action and consequences if the law is violated
  51. Draft an IBC notice
  52. Draft a consumer complaint to the district forum
  53. Draft a response to a consumer complaint
  54. Draft an application seeking information from a government department under RTI Act
  55. Draft an appeal against an order refusing to grant information asked under RTI Act
  56. Article writing and publishing exercises
  57. Career building and networking exercises

* You will be given 2 exercises every week. Only 18 exercises will be discussed in class. You need to perform 18 out of the above exercises and 6 writing assignments to pass the course.

What is the career potential after doing this course?

The ultimate goal is to build your own practice though you may start by working under a senior lawyer. It is a highly remunerative area of practice If you have worked on many cases as a civil lawyer, and it is not particularly hard to transition into being an in-house legal counsel if you would like that after some experience.

Government and organizations like banks hire lawyers as litigators. Similarly, even all major law firms now have dispute resolution teams, and if you are a good litigator, it is not hard to get a job as an associate in a law firm.

Practicing under a senior or even venturing out on your own is not a terrible idea, because there are many cases and only a few skilled lawyers. After this course, you can graduate to the level where you can independently handle clients much faster than your peers.

With increasing population, urbanization and growing economy, the number of civil litigation is expected to rapidly increase, especially if you take into account the various new fora and courts that have been established.

It is a great time to learn the skills you will need to excel in civil litigation. Go through the list of exercises in the link to understand what we think are the most critical skills and tasks you need to learn to perform.

Course Fees

Until 28th February, 2019, we have an introductory price of INR 15000. From 1st March, 2019, it will be revised to INR 18000.

Duration

6 months

Batch starting date

15th March, 2019

We would also like to acknowledge our industry partners Karanjawala & Co. and Santhalia Law Chambers, who have provided us very useful inputs for the course.

To enroll in this course, click here.

 

 

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