Seshadripuram Law College: Clinical Course - Iv

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SACHIN SAGAR S.

J
INTERNSHIP REPORT REG NO: 41316221048

#1,1st Main,Govinda Rao Street, Seshadripuram Main Rd, Seshadripuram, Bengaluru, Karnataka.

SESHADRIPURAM LAW
COLLEGE

CLINICAL COURSE –IV

RECORD OF INTERNSHIP, OBSERVATION OF TRIAL, CLIENT


COUNSELLING AND PREPARATION FOR CASES

Project Report Submitted to the KARNATAKA STATE LAW UNIVERSITY,


Hubballi in Partial Fulfillment of the requirements of the Tenth Semester,
5 years BA LLB degree Examination.

NAME : SACHIN SAGAR S J

REG. NO. : 41316221048

CLASS : 10th Semester 5 year BA LLB

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SACHIN SAGAR S. J
INTERNSHIP REPORT REG NO: 41316221048

UNDER THE GUIDANCE OF PROF. PUSHPA K.H

TABLE OF CONTENTS

Sl. PARTICULARS PAGE


No. NO.

1. DECLARATION

2. CERTIFICATE OF THE COLLEGE

3. CERTIFICATE OF THE GUIDE

4. ACKNOWLEDGEMENT

5. CERTIFICATE OF THE ADVOCATE

6. INTRODUCTION

7. CLIENT INTERVIEWING

8. PRE-TRIAL PREPARATION

9. PREPARATION OF CASES CIVIL CASES

10. PREPARATION OF CASES CRIMINAL


CASES

11. BIBLIOGRAPHY & WEB SEARCH

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SACHIN SAGAR S. J
INTERNSHIP REPORT REG NO: 41316221048

DECLARATION

I, Mr. SACHIN SAGAR S .J hereby declare that this project titled “MOOT COURT
EXERCISE AND INTERNSHIP” submitted in partial fulfillment of the requirements of 5
years, B.A LLB course of KARNATAKA STATE LAW UNIVERSITY, HUBBALLI carried out
under the guidance and supervision of SHESHADRIPURAM LAW COLLEGE,
BANGALORE is my original work and not submitted earlier for award of any degree and
other similar title by university of Karnataka.

PLACE: BANGALORE

DATE:

SACHIN SAGAR S. J

REG NO. 41316221048

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SACHIN SAGAR S. J
INTERNSHIP REPORT REG NO: 41316221048

CERTIFICATE OF THE COLLEGE

This is to Certify that this report on “MOOT COURT EXERCISE AND INTERNSHIP”
which is a research, study, work and observation done by MR. SACHIN SAGAR S J, a
bonafide student of 10TH SEMESTER OF 5 YEAR BA LLB is partial fulfillment of
requirements of BA LLB Course of KARNATAKA STATE LAW UNIVERSITY, HUBBALI
during the year 2021 is a record of student own work carried out under the guidance
and supervision of SHESHADRIPURAM LAW COLLEG, BANGALORE.

PLACE: BANGALORE

DATE:

( )

SIGNATURE OF ACADEMIC HEAD

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SACHIN SAGAR S. J
INTERNSHIP REPORT REG NO: 41316221048

ACKNOWLEDGEMENT

At the outset I would like to thank all the people who helped directly and indirectly in
completing the project. I thank SHESHADRIPURAM LAW COLLEGE the institution that
has been working towards holding the characters and careers of the students.

I sincerely express my gratitude to PROF. PRANEETHA B.S our Principal for the
benevolence she has shown on us by providing us with all necessary facilities. I am
indebted to PROF. PUSHPA K.H for her constant support and guidance as well as being
source of inspiration to me.

Above all, I owe everything to the almighty, my family, and all my friends and well-
wishers for this valuable contribution and insights.

NAME : SACHIN SAGAR S J

REG. NO : 41316221075

SIGNATURE OF STUDENT

SACHIN SAGAR S. J

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SACHIN SAGAR S. J
INTERNSHIP REPORT REG NO: 41316221048

CERTIFICATE OF THE ADVOCATE

This is to certify that SACHIN SAGAR S. J, a student of 10th Semester 5 year BA LLB,
at SHESHADRIPURAM LAW COLLEGE, BANGALORE has attended my office for
successful completion of the internship dated 11.11.2018 to 01.05.2021 under my
guidance. During the aforesaid period he was involved in various activities like legal
research, drafting petitions, filing of petitions and interim documents, research
concerning case laws and observing court proceedings and assisting with the same.

Throughout the duration of his internship, he was found to be hardworking, enthusiastic


and systematic in his work. His overall performance can be rated as well beyond
satisfactory. I wish him all the éclat in life.

PLACE:

DATE :

S. V. JAGANNATHA

ADVOCATE

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SACHIN SAGAR S. J
INTERNSHIP REPORT REG NO: 41316221048

INT
Clinical
ROD education program for law students have been

UCT
available for many years in some Indian Law Schools.
The objective of such programs is to provide an
understanding of the human, social and policy
contexts of law and legal practice.

Internship
academic
ION fulfills an important component of both
and practical education in law. The integration
of professional experience into the learning
process is highly effective in developing your understanding of the law in actions, as you
are able to observe and perceive the relevance and application of theory to practice.
Consequently, the program is not simply ‘work experience but a significant educational
experience.

Just like food, shelter and water are necessary for human survival similarly internships
are necessary for a law student’s survival in the legal sphere. A well-versed student in
academics doesn’t equate for a well-versed student in experience clubbed with academic
knowledge. A law student gains this experience and contemporaneously inculcates work
ethics by interning either under a lawyer or a law firm or a government body
participating in legal sphere or a research organization or any other legally-oriented
institution.

There is rule of law in our society followed in courts, is an aspect equality before the law
which suggest that no person is above law and that every person, whatever be his rank
or condition, is subject to jurisdiction of ordinary courts. Rule of law requires that no
person shall be subject to harsh, uncivilized or discriminatory treatment even when the
object is the securing of paramount exigencies of law and order.

In a workspace setting you will be exposed to reality of the practice of law all its
dimensions- the integration of different areas of law, policy issues, the application and
development of skills to analysis and resolution of client concerns; ethical responses to
situation which arises unexpectedly and spontaneously; issues of professional
responsibility including responsibility to clients and case management; the operation of
the government and court system in the legal process.

REASONS WHY INTERNSHIP IS IMPORTANT FOR LAW STUDENTS ARE:-

1. Application of Knowledge acquired in law school into reality

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INTERNSHIP REPORT REG NO: 41316221048

Law student’s academic structure goes through jargons, statutes, articles, sections,
provisos and case laws. Understanding authoritative principles, analyzing burning
judgments and upholding set conventions are a part and parcel of a law school’s
curriculum. However, keeping this knowledge refrained to your exam papers will not
fetch you either a good job or a better understanding of the status quo.

Whether you aspire to enter corporate world or the world of litigation or the life of an
academician, internships are equally important and pervasive in nature. Being
acquainted with practical procedures of filing Public Interest Litigation to sealing an
Mergers & Acquisitions are the aspects that one can develop a knack over in an
internship.

2. Getting exposure

Internships provide you exposure to multifarious people, situations and work. You have
the opportunity to meet people from different states or countries (if doing an international
internship) having different ideologies and perceptions towards the same thing which
when observed helps you perceive things better.

In addition, interning under various heads of authority, i.e., ranging from interning at a
research organization to interning under an international company will provide you an
understanding of a wide and robust work culture spread through various heads.

3. Ingraining new skills

Whether a law student or not, it is of utmost importance to constantly upgrade and


imbibe new skills in one’s skill set. Thus, it becomes very important for a law student to
timely do so; and the same can be achieved by doing a concentrated and serious
internship. Developing a logical acumen, adapting to an articulated writing style and
imbibing a well-formulated speaking skill shall be the primary goals for an upcoming
lawyer during an internship in the initial years. Upon developing these, one shall then
focus on specializing in the field of interest so determined.

Internships can help you inculcate the spirit of team-effort, make you more patient and
help you learn time-management as there is a prevalence of a controlled and stable
environment. All these things combined help you understand in which way does your
coursework is preparing you for.

4. An Internship is “your experiment with the truth”

Upon completion of your first internship, you will be struck with an epiphany that
hierarchical difference between law schools and other students’ GPA has little role to
play in determining one’s understanding of work and application of law in the real world.
Another epiphany that will strike you would be that the field of interest that you were
concretely having conviction in for fetching you better career prospects would no longer
be the field that might excite you upon your completion of a particular internship.
Internship is a good opportunity to explore and discover various career prospects that
might intrigue you upon which you might pursue that as your field of interest.

5. Unlearning the Myths

In law school, one is made subject to certain laws, rules and regulations which have long
been repealed and are outdated. An internship opportunity provide clarity with regard to
such long repealed laws, rules and regulations and help the intern to come in contact

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with the status quo which the future employers expect the upcoming lawyers to be well-
aware of. For example, an upcoming lawyer is expected to know the changing position of
law with respect to any revised judgment given by the Supreme Court of India on that
matter (the position of law as to determining the act of not standing in movie theatres for
the national anthem as an offence).

6. Knowing yourself is beginning of all wisdom

During the period of internship, one gets to explore one’s threshold of efficiency and
patience. A law student shall keep on overpowering one’s own level of burning out and
brainstorming. However, being it a daunting task, it would be of immense advantage for
a law student to seek clarity in terms of the goals to be achieved and the career
prospects to follow in order to bring equanimity between the status quo’s efforts made
and future aspirations.

Since the inception of LL.B program at faculty of law- Sheshadripuram Law College, a
practical experience component i.e. internship has been part of the compulsory subject
and thus of the LL.B degree. The Legal Internship Program is not designed to teach
students how to be good lawyers (or how to be lawyers at all) it takes more than study
at University to do that.

THE OBJECTIVES ARE TO:-

 Expose you to the law in operation in contexts where you will come to perceive
aspects of law which cannot be learned from reading or hearing about it;

 Allow you to perceive ways in which the formal learning you acquire at University
may be applied in practice and thereof to develop an appreciation of the practical
dimensions of legal principals;

 Enable you to relate the different areas of legal practice to the importance of
developing the skills of legal research, communication, drafting, practice
management and problem-solving ; and

 Enable you to observe and reflect in the field of law is considered as two sides of
coin. The legal profession is one of the professions which are considered
incomplete without the practical training. An additional benefit of the internship
program is that of provides you with an opportunity to observe the way in which
law operates in a practical milieu, and so may assist you in making future career
choices.

The classroom study and practical training in the field of law is considered as two sides
of coin. The legal profession is one of the professions which are considered incomplete
without the practical training. An additional benefit of the internship program is that it

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INTERNSHIP REPORT REG NO: 41316221048

provides you with an opportunity to observe the way in which law operates in a practical
milieu, and so may assist you in making future career choices.

MY INTERNSHIP EXPERIENCE: -

 This report examines the internship program with Advocate. My internship with
Advocate started from 01/07/2019 to 31/07/2019 has immensely been a
commendable learning experience for me.

 The internship delivered me insight look of the society through the medium of court
practice, where I dealt with people directly to look into their problems under the
guidance of my senior and other associates with the help of them I was able to
complete my internship with an excellent learning experience.

 I visited different District Courts, High Court as per the different matters fixed in
courts in daily routine. Where I got an opportunity to appear before the Hon’ble
Judges and Magistrates and also to interact with the prisoners and to know the
reason for the commission of their crime and prisoner’s that seek to utilize the
rehabilitative opportunities. Imprisonment offers, combining it with the essential
restorative justice a meeting between offender, victim and community.

MY DAILY INTERNSHIP DUTIES:-

 I was assigned to read minimum of four case files to learn how files are
maintained and how the records are maintained.

 I was assigned to observe the proceedings during the examination in chief, Cross
Examination and Final Arguments.

 Supporting the lawyers that come into the office and programs. Sitting in on
meetings and appointments and offering required assistance.

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INTERNSHIP REPORT REG NO: 41316221048

 Office type organizational work- photocopying, organizing papers, keeping files in


order, organizing the desk.

 Reading any suggested law related materials for my own benefit.

 Helping clients if possible and if I am able to since I don’t know much about the
filed yet.

CLI
ENT  INTRODUCTION

INT
 CLIENT
ERV
IEW
INTERVIEW NO.1

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 CLIENT INTERVIEW NO.2

INTR
ODU
CTIO
Professional Legal Education should necessarily focus on the lawyering skills. Client counselling is a vital
skill in which the students of law should be trained. One of the significant functions of a lawyer is to
advise the people who seek assistance in knowing the legal implications of their actions. The lawyer is
N TO
looked upon to facilitate decision making in certain critical legal matters. This function of the lawyer
influencing and facilitating decisions is called counselling.

CLIEN
Bar Council of India, the highest professional body of lawyers has a key role in Professional Legal
Education. It has drawn up a detailed scheme on practical training consisting of professional ethics, bar
bench relations, contempt of court, moot court, pre-trial procedures, negotiations, interviewing and
counselling, drafting of conveyances and pleadings, legal aid, public interest lawyering etc.
T
The word 'Counsel' has its origin in the Latin word 'consilium' which means advice.

ACCORDING TO BLACKS' LAW DICTIONARY, counsel means advice and assistance given by one person to
INTER
another in regard to a legal matter, proposed line of conduct, claim or contention. As a matter of fact
lawyers are also legal counsels. Counsellor is an attorney; lawyer; member of the legal profession who
gives legal advice and handles the legal affairs of client, including if necessary appearing on his or her

VIEW
behalf in civil, criminal or administrative action and proceedings.

The process of counselling has two functions:

ING
1. To help the person talk about, explore and understand his or her thoughts and feelings and workout
that what he or she might do before taking action.

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2. To help the person decide on his or her own solutions.

We all are very familiar with the phrase “The first impression is the last impression”. This phrase may
not be relevant in every scenario, but it becomes more relevant to something called “First client meeting”.
The sole purpose of the first client meeting is to impress your client. Your first meeting with a prospective
client can either break or make your relationship which can either last for a single meeting or a long-term
profitable relationship. Client counselling is a process that involves talking, understanding, observing, and
culling the truth out of your potential client. Therefore, it must take place with due care.

Every legal relationship starts with a successful and fruitful first client meeting. It shows the enthusiasm
and interest of a lawyer in his prospective client’s case. To get new clients, it is important to understand
the significance of having an efficacious first client meeting.

Client counselling can be tricky sometimes since it deals with human interactions. There can be a different
type of client with a different set of problems and emotions. Therefore, a lawyer needs to act as a friend
and a professional at the same time. This article briefly discusses what is a first client meeting, its
importance, and what should be kept in mind for first client counselling and interviewing.

Lawyers counsel the client in deciding how his problem can be sorted out under the laws. Legal
counselling is the process by which a lawyer communicates advice to a client.

A client is a person, natural or legal who approaches the lawyer for legal assistance . The word client
has its roots in the Latin word 'clients'. Client is a person using the services of a professional person or
organization.

TYPES OF CLIENTS

• Informed/smart client
• Laymen
• Client without a problem
• The ability to ask pointed questions and elicit the material facts from the stream of thoughts a client
verbalizes is an important skill for lawyers.

INHIBITIONS OF CLIENT

• Ego Threat
• Case Threat
• Role Expectations
• Etiquette Barriers
• Trauma

Counselling is the activity in which one person seeks and in one way or another, pays for help from
another person. It is characterized by need on one side of the relationship, by willingness to help on the
other, and by and inter personal contract based on mutual attraction. Counselling as a professional
activity will involve competence and expertise in addition to mere willingness. Legal counselling is fairly
considered a 'service' under the Consumer Protection Act, 1986 making the lawyer accountable for
deficiency.

In a counselling relationship the client has to open himself to help and the lawyer has to protect the best
interests of his client. Legal interviewing and counselling is what lawyers do in an office where they see

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clients one or two at a time, with the door closed. Lawyers elicit information from their clients, which
information forms the basis for their advice. Legal counselling can be for litigation or for planning. Clients
may seek advice as to proper legal course of action before Courts or as to estate, tax or business planning.

CLIENT INTERVIEWING

In a lawyer - client meeting, the client opens up and talks his problem and concerns and expresses his
expectations. The lawyer listens, notes down and questions the client for necessary information. There is a
sharing of information, views and needs through verbal communication. This communication which is the
life blood for effective counseling is called 'interviewing'.

Client interviewing is a prominent part of legal profession. Giving options, suggesting alternatives,
effective client representation, drafting of documents, pre-trial preparations etc. are all dependent on this
client interviewing.

a) Seven stages of interviewing the client:-


 Attending.
 Initiating.
 Responding.
 Building trust and rapport with the client Listening process.
 With empathy Facts gathering Setting and identifying the claim and legal problem Assessment of
the claim Counseling the client about the action to be taken Establishing Advocate-client
relationship.
b) CLIENT INTERVIEW GOALS:-

• Get a sense of the client’s situation and legal questions/needs.


• BUILD TRUST.
• Assess client’s goals.
• Assess credibility.
• Be sensitive to possible disabilities.

c) THE VERY BASICS OF LEGAL INTERVIEWING:-

• Motivate the Client’s Participation (Develop Rapport through Active Listening).


• Meet and greet.
• Formalities- names, personal details, confidentiality and the interview process.
• Use Questioning Techniques Appropriate to Your Purpose (Open-ended, Narrow, Yes-No, Leading
Questions).
• Do you have children? tell me about your family.
• Allow the Client to Tell the Story Initially.
• Structure the Interview-
• Preliminary problem identification stage-(initial data gathering-history- )Threat- premature diagnosis.
• Chronological overview stage-Information Gathering.
• Theory development & verification stage.
• Conclude the Interview.

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d) CONCLUDING THE INTERVIEW:-


• Give the client a brief summary of the law governing his legal rights, and the questions that you must
research.
• Tell the client what you will do next and when you will get back to the client.

After analyzing the facts of the case, the lawyer will begin to conclude the meeting. The meeting
should not be concluded abruptly. Here, the lawyer will thank the client for taking out his precious
time to speak to him. Moreover, he will remind the client about the further steps and future course of
proceedings in brief. Finally, the lawyer will let the client know about the availability for further
conversations and discussions. 

Following are the Client Interviews which was recorded:-

Clie
nt
Name of the client

Religion : Hindu

Inte
Address : #12, Ramnarayana Nilaya , 15 th cross, yuvaraj layout, maragondanahalli , Bangalore 560016

Name of the advocate: Ragavendra H Edgi

rvie
Nature of the case: section 13 of the Hindu marriage act 1955

On 16th November 2016 Mrs lakshmi gowda, apporched the chamber of the advocate, which is situated
in malleshwaram,17th cross, Bangalore 560003.

w
lakshmi gowda was lawfully married under the hindu customs and rituals in the year 2012.The advocate
asked the client about her marriage and the client narrated the story. Were that was an arranged

No.1
marriage were one of her far relative had brought the proposal to them on may 12 th 2012, and the
marriage was solemnized according to law , and they lived together for almost one year, it was a happy
marriage for one years and they started fighting for small reasons but they stayed together but as time
passed both of them grew apart and the reasons were she faced a mental torture from her husband
were he was completely alcoholic, he used to come home late and drunk every day and doubt her
saying that she has a illegal relationship with some other person and there are several other reasons
such as the husband being a alcoholic and so on and she decided to take divorce and came for the legal
suggestion from the advocate

Further the advocate asked her that weather the marriage was solemnized according to law, for this
question the client said that wedding was conducted as her Hindu customary rituals and also had a
marriage certificate with her as a proof of her marriage.

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Further the advocate questioned the client that weather there were any other reasons apart from those
motioned about the separation from each other, for this the client said that no other reasons were
there, apart from mental agony and torture and others mentioned above.

Further the advocate asked the client that whether they are willing to attend the joint counselling
session with the councillor for this the client Was totally not interested in counselling and wanted to
live separately from her husband.

After hearing all this the advocate advised Mrs lakshmi gowda to bring all the necessary documents and
spoke to her in a sympathetic manner and asked to him on 13 Th February 2019

Observation :

1. I observed the session and learned how to address the client and i also listened to the client .
2. I observed how he noted down all the dates and the information given by the client.
3. I observed how the advocate counselled the client and showed empathy towards her.
4. I also observed the advocate spoke to the client about the procedure of filing a suit under
section 9 of the hindu marriage act 1955.
5. The advocate also informed the client about the mediation and the advantages of mediation.
6. I also learnt that even in divorce case, the advocate should not agree for filing the suit for
divorce but in return should council them about other remedies etc.

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