“The leading rule for the lawyer, as for the man of every other calling, is diligence. Leave nothing for tommorrow which can be done today” – Abraham Lincoln
American author John Grisham’s statement, “After three years of studying the law, I am very much aware of how little I know”, truly portrays the complexity and vastness of the subject. So what is it that a law graduate must excel at? This is the moot question. Some argue that one requires the ‘generic’ skills of all disciplines and law in particular; while others believe that certain specific skills, such as legal writing, research, problem-solving and clinical skills, i.e., advocacy, negotiation and interviewing are imperative.
However, it must be remembered that students, who excel in law colleges or institutes, and later become successful legal professionals, come from diverse educational backgrounds. Although the skills discussed herein are usually acquired while pursuing legal education, possessing certain fundamental skills prior to pursuing a law degree or programme is equally important.
Let’s take a detailed look at some key skills, which a budding lawyer must possess:
This pertains to the ability to objectively analysing the issues and their consequences. A lawyer is expected to solve a client’s problem. To achieve this, one needs to develop objective analytical skills to identify the potential legal issues and then to reach a desired result, which is acceptable to the clients, in conformity with the existing laws.
Anjali Agarwala, Manager, Dua Associates, New Delhi opines, “Sharp reasoning, quick assimilation and analysis of facts, identification of core issues, capacity for sequential thought, ability to distinguish fact from fiction, ‘sift the grain from the chaff’ are the sine qua non of a good lawyer.”
It has to be borne in mind that the analytic and problem solving skills required of lawyers are not fundamentally different from those of other professionals. Since a good legal education would have developed and refined these crucial skills, a budding lawyer would be expected to possess a reasonably well developed set of analytic and problem solving abilities.
“In today's world, keeping in view the increasing global nature of the practice of law, the indispensable skills for any law graduate would certainly include good command over written as well as spoken language, particularly public speaking skills.”
The ability to articulate, both verbally and in writing, are the two vital skills of a lawyer. Since a lawyer’s task is to educate and convince clients, other lawyers and judges, the ability to perform this task by way of speaking and writing becomes crucial. Neeraj Grover, Managing Partner, Grover & Associates, New Delhi says, “In today’s world, keeping in view the increasing global nature of the practice of law, the indispensable skills for any law graduate would certainly include good command over written as well as spoken language, particularly public speaking skills.”
Since language is considered an indispensable tool for a lawyer, law graduates must learn to express themselves clearly, cogently and concisely. Although legal education does provide training in writing, particularly in the specific techniques or forms of writing that are common in law, fundamental writing skills, must be acquired and refined before one embarks on the journey to study law. What is required is the ability to prepare original pieces of writing and revise the written work in response to constructive criticism, if any.
It is often said that the art and skill of verbal communication is key to success of becoming a competent lawyer. As with writing skills, students of law get excellent opportunities for refining oral communication skills, particularly the forms and techniques of oral expression that are prevalent in the practice of law.
In fact, the significance of verbal communication skills for a budding lawyer to succeed in gaining employment in law firms or MNCs cannot be ignored. Alok Tewari, Partner, Kochhar & Co., New Delhi points out, “Though a candidate’s academic background holds high weightage in the recruitment process, the one-on-one interview is of utmost importance. During the interview, the employer tries to gauge from the candidate his or her career objectives, areas of interest, ability to function as part of a team and meeting goals and legal acumen. The communication skills and body language of a prospective lawyer are, therefore, critical.”
Besides speaking, one must also possess listening skills in order to understand the needs of clients. As Agarwala reiterates, “In addition, a lawyer must have the requisite human skills to build and strengthen relationships with clients. This would involve effective communication skills to be able to glean critical information from the facts narrated and offer a workable legal solution to the problem.”
“Sharp reasoning, quick assimilation and analysis of facts, identification of core issues, capacity for sequential thought, ability to distinguish fact from fiction, ‘sift the grain from the chaff’ are the sine qua non of a good lawyer.”
Law is a dynamic area. It never remains static, be it statutes, rules, regulations or court decisions. A law graduate must have the capacity to dedicate substantial time in educating himself. There are a plethora of research sources and techniques specific to law. A law graduate would be expected to have developed familiarity with these specific skills or materials. To execute a project requires significant library research and analysis of large amounts of information, obtained from that research, goes a long way in gaining a foothold in the legal profession. “A law graduate should be ready and willing to devote long hours to research, analysis and study of the law,” notes Agarwala.
With Internet and electronic communication gaining immense popularity, the ability to perform computerised legal research is also critical. A law graduate must, therefore, learn to use legal technology. Mastering these technologies enhances one’s productivity as a lawyer.
It is well-known that “a lawyer never stops reading the law”. Therefore, the ability to undertake study of law is equally important. A substantial part of a lawyer’s work involves careful reading and comprehension of statutes, judicial pronouncements and legal documents. As with the other skills discussed above, a budding lawyer must develop critical reading ability in a wide range of areas.
Lawyers are usually required to work closely with their clients and other members of the legal fraternity, either through meetings in person or through involvement in preparation of a variety of legal documents. Since a lawyer’s advice, counsel and actions tend to have a significant impact on the actions or lives of the clients, the ability to work effectively and closely with people is a sine qua non of a competent lawyer.
Rules of form, practice and procedure are essential in law. A lawyer must, therefore, have the ability to pay attention to facts and detail, as ‘detail work’ is a significant aspect of the practice of law.
Traditionally a lawyer was only required to step in to resolve dispute and ensure justice for the aggrieved party. However, nowadays a lawyer is expected to play the role of a versatile professional combining myriad skills, that of planning, advising, negotiating, mediating, and communicating. As Tewari rightly points out, “When recruiting fresh law graduates for positions in laws firms as attorneys, different parameters are taken into account depending on the area of work and requirement.”
Today, legal education and training is in conformity with both the conventional and contemporary requirements of the legal profession. Unlike in the past, when the students of law could restrict themselves to pursuit of academics only, with the emergence of new challenges of the present legal system, it has now become imperative that law graduates acquire clinical legal education also. This includes exposure to Lok Adalats, legal aid and legal literacy campaigns and para-legal training.
Additionally, it is essential for law graduates to develop and hone their advocacy skills by participating in ‘mock’ trials and moot court competitions (akin to court trials); client interviewing or counselling sessions, legal drafting, conveyancing and court visits. All these activities will certainly go a long way in improving certain basic skills, which are demanded of a law graduate.
“Though a candidate’s academic background holds high weightage in the recruitment process, the oneon- one interview is of utmost importance. During the interview, the employer tries to gauge from the candidate his or her career objectives, areas of interest, ability to function as part of a team and meeting goals and legal acumen. The communication skills and body language of a prospective lawyer are, therefore, critical.”
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