Oral advocacy demands clarity of thought before clarity of expression: Justice Tejas Karia at IBA summit

Delhi High Court judge, Justice Tejas Karia, on Friday, told young lawyers that persuasive advocacy rests on intellectual preparation, while speaking at the International Bar Association’s (IBA) Next Gen Legal Summit held at New Delhi.

Justice Karia emphasised that effective advocacy arises from substantive clarity rather than its performance.

"Oral advocacy demands clarity of thought long before clarity of expression ... To speak well is an advantage, but to think well is indispensable,” he said.

He added that the craft of argument requires the ability to identify issues, prioritize the argument, anticipate the question from the judge or the arbitrator and understand how the court or tribunal perceives the dispute.

He noted that an advocate must extract the essence out of voluminous factual details, discard the irrelevant portions, structure the argument in a logical manner, and then present it with calm assurance.

Oral arguments are not merely a performance, but an intellectual act, he said. The lawyer's task demands discipline, integrity, humility and an unwavering commitment to the cause of justice, he added.

Justice Karia also identified listening as a critical component of courtroom persuasion.

“A great advocate listens to the judge, the opposing counsel, the witness in the stand and also to the nuances that emerge during the flow of argument,” he said.

A single question from the Bench, he noted, may redirect the entire trajectory of the case.

He stressed the need to maintain conciseness in arguments as well, observing that the ability to command attention depends as much on brevity and precision as it does in a law course.

The summit at which Justice Karia was speaking was organised by the IBA Young Lawyers’ Committee. Co-Vice Chair Pranav Srivastava of Phoenix Legal gave the welcome address, followed by Justice Karia’s address as the Guest of Honour.

Referring to the summit’s third session on cross-examination, Justice Karia described it as an advocate’s most formidable tool.

“It is very important to know what not to ask. If you get a favorable answer, bank it. Don’t ask, go further," he cautioned young lawyers while touching upon the topic.

He explained that the most devastating answers are often the quiet ones that appear innocuous on the surface but dismantle the entire case narrative when carefully analyzed.

Stressing courtroom etiquette, he added,

“The advocate must always remain composed, courteous and measured."

Justice Karia also warned against an excessive dependence on digital tools, noting that electronic records can be manipulated and algorithms can be flawed.

He reminded the delegates that advocates must, therefore, use technology as an aid and not as a crutch.

He told participants that growth in the profession requires patience, mentorship and balance.

“No advocate, however talented, becomes accomplished in isolation.”

He also urged them to cultivate a calm temperament under pressure, resilience in adversity, discipline in preparation and grace in both victory and defeat.

Speaking later in the summit, IBA Treasurer Amir Singh Pasricha reinforced the need for courtroom humility.

"Humility before the judge is something that wins you that court,” he said.

Advocate Arush Khanna of Numen Law Offices delivered the vote of thanks.