BY LAWZ BUREAU.
“there is no easy money in litigation“
Despite coming from a legal background and studying abroad, Neeraj Kishan Kaul had to start his legal career like any other fresher. Belonging to a family of known lawyers, Mr. Kaul always wanted to be an arguing counsel. After completing his studies in the late 80s he joined the chambers of Mr. Arun Kumar (now Hon’ble Judge of the Supreme Court). Well known for his cool temperament and with a team of efficient and supporting juniors. He is today one of the top arguing counsel of the Delhi High Court. He speaks exclusively to our correspondent Renu Sharma.
Q: What made you opt for law, which has a longer gestation period and money comes in at a later part of life?
It has always been evident that the legal profession has been far less remunerative compared to other professions, like the corporate sector. So when anyone makes a choice for law as his or her career, I suppose it is a conscious decision. I belong to a family of lawyers and discussions about court events, judges and lawyers used to a part of my daily routine. I was brought up in this environment and as such taking law as a profession came to me as a natural choice. I was never insisted upon by my family members to take up law as my profession. Money was also not of a major concern for me at the time when I had joined the profession because of my family background. I was staying with my family and I had my father’s office and library. I had the advantage of the basic infrastructure which is required at the beginner level.
Q: Did your legal background help you during the early years of your practise or did you start from scratch?
My legal back ground was of course of help to me, in the sense that I had an office which was available for me at the time. Apart from this I had no help of any kind. In the legal profession, if you want to be a good arguing counsel, what is tested is your skill and ability to argue. No one will send you any brief simply because you are someone’s brother or son. The brief comes to you if you have the ability to argue well. It is your ability and skill, which you have to develop over the years, which will get you work.
Q: Can you tell us about the harsh realties which one has to face to reach up to this level?
There is no easy money in this profession, especially in litigation. One has to be very patient while pursuing this profession. I have never seen money coming in floods in litigation. Of course there is a gradual increase in your earning every year. There is definitely an increase in the income from the last year and ultimately at some point later, you will be comfortably placed at a level where you can lead a very decent life.
Q: You become a senior at a very young age. Have you found any difference in the attitude of the court after you were designated as a senior?
Before I was elevated as a senior I had already started counsel practice. I had stopped the basic work of drafting and filing. I was concentrating only on arguments. For me it was a natural transition to have been designated as a senior counsel. I think that I was very fortunate that the full court bestowed this honour on me, but honestly speaking I was always looking forward to being designated as a Senior. It is a dream for every arguing counsel to become a senior and take this opportunity to develop his skills and evolve as a better counsel. The view of the court definitely changes when a senior counsel is arguing a matter. There is a greater responsibility upon you while addressing the court. If you are arguing as Senior counsel the court expects a lot more from you. There is a greater degree of maturity which is expected by the court. The court believes you more and accepts that what you are saying is correct and with authority. In a nutshell, your whole personality changes in eyes of the court.
Q: Does judgeship attract you or do you want to continue as an arguing counsel?
There are various avenues which are open to people, whether as a judge, a lawyer, or as a designated Senior counsel. Each avenue is as charming as the other. There are lots of people who would like to stay solicitors and concentrate on that line. Similarly there are many eminent counsels who have decided to concentrate on their arguing skills. On the other many Senior counsels have accepted judgeship in spite of their having a good practice. It all depends on where you are at that point of time in your life when the choice comes your way. Speaking for myself, today, I think it is difficult for me to say whether I would accept judgeship or not, if offered. I would decide on this as and when it is offered.
Q: Lawyers have a very hectic schedule they find very little time for their social lives. How far is this true for you?
It is true that lawyers generally have a very hectic and tiring schedule. They have little time for their social lives. But as you grow in profession and get more organized, you do find time for yourself and your family. One definitely has more time if you are doing counsel practice. You are out of the administrative part of advocacy. You only concentrate on arguments, which involve immense and in-depth study of the law. So whatever time you save by not doing administrative work, you can utilize it with your family.