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First time court appearance: What not to do

Cringeworthy first appearance tales from the courts.

Mehreen Garg

We all carry our fair share of courtroom mishaps, particularly from the early years. While mistakes can happen at any stage of the litigation career, the shaking and trembling hits very differently to the newly robed, often accompanied by a strong conviction that the legal career is over and it’s time to relocate to another country.

To celebrate these mandatory rites of passage, I polled my litigation circle and discovered these gems.

1. During my first year, I was sent to seek a simple passover before a Supreme Court bench with clear instructions to say “my senior is on his legs in another courtroom”.

But of course, appearing before a Supreme Court bench, my overwhelm got the better of me and being painfully honest, I blurted out, “my senior is on his legs in the NCLT”. At this point, I was not aware of the unwritten rule of forum hierarchy. I got a well-deserved chewing out from my senior at this point.

- 23 y/o advocate assisting a well sought after criminal lawyer in Delhi.

2. A towering 6ft+ young advocate dropped to one knee in open court at the Supreme Court to catch his senior’s whispered instructions.

The judge leaned forward: “Counsel, are you being knighted?”     

- the 34 y/o senior whispering the instructions, one of the most popular criminal lawyers in the country.

3. While waiting for my matter in the Punjab and Haryana High Court, a young counsel stepped up to request some time, stating that his arguing counsel was currently “on his legs”. When the judge pressed for details on which courtroom the senior was appearing in, the young advocate candidly explained that the senior was currently walking from his car. Hence strictly speaking, he was on his legs at that moment.

- 25 y/o visiting advocate waiting to take a pass over herself.

4. Advocate: “My Lords may take up the matter day after yesterday.”

Judge: “Day after yesterday?”

Advocate: “Apologies, My Lord, day after today.”

24 y/o junior to a Sr. Adv. in Punjab and Haryana High Court.

5. A junior was asking for a passover and while panicking said ‘my seniors legs are in another court’ - to which the judge said, ‘I hope so is the rest of his body’.

- 27 y/o independent practitioner.

6. My very first appearance was in a POCSO matter representing the accused at Saket District Court. I was item No. 1 and didn’t know which side to appear from so I randomly picked a side and started addressing the judge. She looked bewildered, wondering why the complainant’s counsel is filing for quashing, till she saw my clueless face and pointed out my error.                                                                         

- 23 y/o advocate’s first visit to court.

7. 3 weeks out of law school, I was pretty much convinced that all I needed was 3 years of practise to become a name as popular as Mr. Sibal or Dr. Singhvi. After relentless pestering, my senior handed me a Section 138 NI Act matter. With more than 20 days before the hearing, I had thoroughly prepared the file and was extremely confident.

The matter was listed as Item 5 before the Saket District Court. By the time my matter came up, the judge had already dealt with four lawyers and none of the four had gone particularly well. The first was reprimanded so severely over a procedural lapse that the judge remarked, “There are times like these which warrant me to throw the file.” The second got a similar treatment. The third had been given a month to prepare and still wasn’t ready. The fourth showed up asking for an adjournment without having informed the court beforehand. By then, the judge was absolutely fuming.

My matter was called. The judge looked at me and said, “Mr. Counsel, if this is another adjournment, I am dismissing the case with costs.”

I had spent 20 days preparing. I knew the facts. I knew the law. I knew my arguments. What I apparently forgot was how to speak. The first and the only words that came out of my mouth were: “Ma’am… ma’am… ma’am… ma’am…”

We will have to wait for the next Mr. Sibal/ Dr. Singhvi, sadly.

24 y/o advocate in a boutique disputes firm.

8. My first month out of law school, I joined a Senior Advocate’s chambers. I spent the entire week staying up all night figuring out the ropes to litigation and file management. On Friday evening, we celebrated our Senior’s birthday late into the night, knowing that Supreme Court was closed on Saturday. Suddenly, an urgent early morning bail matter landed at Patiala House Court.

I showed up extremely sleep deprived,  proud of myself for making it until the clerk pointed out that not only was I wearing my neck band inside out but I was wearing house slippers instead of court shoes. I managed to slip away unnoticed, but four years later, the memory still stings.

- 22 y/o 1st week out of law school.

Mehreen Garg practices law in Delhi courts. 

Note from author: If reading these gave you a laugh, or even triggered a few suppressed courtroom memories, I’d love to hear yours. Drop me a text on LinkedIn with your favorite mishaps, or early year slip ups. I’m curating a Part II, and misadventure in open court is always better shared.

Disclaimer: The anecdotes shared herein are expressed entirely in my personal capacity, intended solely for observational, lighthearted, and storytelling purposes. To maintain professional ethics and strict confidentiality, all individual identities, case specifics, and identifying details have been anonymized or generalized. Nothing in this post reflects formal commentary on judicial proceedings, constitutes legal advice, or represents the views or positions of any associated legal practice or organization.

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