Namit Saxena's Mantra on his securing second rank in A.O.R. Exam

Mr. Namit Saxena is an advocate on record and has secured second rank in the Advocate on Record Exam and practicing before various courts with primary practice before the Supreme court of India, after graduating in law from Dr.Ram Manohar Lohiya, National Law University, Lucknow, in 2013, Namit was selected to work as a law clerk cum Research Associate at the Supreme Court of India and was attached with Hon’ble Mr. Justice Kurian Joseph for a period of one year. After finishing his clerkship at the Supreme Court, He decided to join the Bar and was offered a position at the chambers of Solicitor General for India, Mr.Ranjeet Kumar. Namit is practicing as an Advocate before the Supreme Court, Delhi  High Court, DRT, DRAT, NCLT, NCLAT and other Tribunals and Court.

He has a dedicated taste for academic writing and has published articles with various newspapers including The Pioneer, The Deccan Gerald, The Times of India, Mail Today amongst others. He has also published research papers with journals of high repute including Economic and Political Weekly, SCC Online and Magazines including The Practical Lawyer, Lex Witness among others. He has revised and co-authored five legal classics including Code of Criminal Procedure (Ratanlal Dhirajlal) and Civil Procedure Code, Mulla. He also assisted Justice Jasti Chelameshwar and Justice D.S. Naidu in revising the M.P Jain’s Constitutional Law.

Interview by Coordinators/Editors of Droit Penale NewsLetter Shriya Pandey & Silvy Sheetal

1.    How did you decide to choose litigation over taking up a corporate job? How were your early years as a lawyer?

When I was in third year at the law school, I happened to intern at a corporate law firm. By the time the internship finished, I was pretty sure I cannot work in a corporate law firm. Litigation I opted after finishing my clerkship at the Supreme Court under Justice Kurian Joseph.

2.  How do you say a law student can shape up his profile for litigation while still in law school? Does academic writing help?

One must study the subjects very carefully. One must also keep an inquisitive mind regarding socio political dynamics surrounding the legislation/provision/case law. It will help in understanding the legislative intent or the ratio of the judgment in a better way. Academic writing definitely helps as it sharpens your research skills.

3.  What all activities did you take part in during your time at law school? How important is mooting for a law student?

I wasn’t a very active student when in law school but tried hands at everything. Mooting is an opportunity to learn preparing a brief and presenting it. I am of the view that while in college, one must try all curricular and extracurricular activities.

4.    How would you feel about defending an individual who admits his guilt to you and wishes to plead “NOT GUILTY?”  

Guilty or not is to be judged by the court of competent jurisdiction after weighing evidence when the prosecution proves its case beyond reasonable doubt. A counsel does not sit and hear a client in the magisterial capacity. One must present the facts before the court and the concerned law on those set of facts. One must never lie to the court. Judgment is to be left to the wisdom of the court.  Even under the BCI Rules, an advocate cannot refuse the brief.

5.   How did you choose your specialisation? What should a law student keep in mind while choosing a particular domain of law to pursue a career in the same?

My suggestion to all law students is to keep an open and flexible mind while studying. Domain expertise comes only after you graduate and the clientele which comes to you gradually. Don’t be rigid. Learn everything, you’ll become a master of a field eventually.

6.  What were the struggles that you faced in building your independent practice?

Struggles range from finding clientele to filing a case to managing it thereafter. Young lawyers have to struggle monetarily but with smart work, everything gradually falls in line.

7.   There is a lot of discussion about national law schools and traditional law schools. What’s your take on it?

I think before studying law, one must be very well acquainted with social sciences including political science, history, general studies, humanities, sociology, psychology, economics etc. Without a taste of these subjects, studying law remains incomplete.

8.  What would be your advice to lawyers appearing for A.O.R exam now?

I don’t know when the next AOR exam will be conducted due to the current pandemic. However, the aspirants must focus on 2 subjects they think they can score more. For Eg – Drafting is generally not a scoring subject. Similarly, Practice – Procedure is a scoring one. One must divide and eye 80 marks in each. That will help. Ofcourse, one has to study accordingly.

9.  How do you recommend a fresh law graduate interested in litigation start their career?

Join a chamber with miscellaneous work including drafting/preparing briefs. Try to find someone who has practice across the courts/tribunals and not a targeted practice before one forum alone. Learn from the scratch from clerk work to arguing whenever you get a chance. Work parallel in developing your clientele. Always regard your seniors at bar. Once you finish learning, join a senior advocate’s chamber where there is more arguing work. That will develop a thought process. After taking his blessings, as and when there are sufficient running briefs, start your independent practice. This ofcourse, depends on a lot of factors. Don’t think about what your senior pays you. Money comes.

10. What advice or suggestion would you like to give to our readers, who are predominantly law students and young lawyers?

 Always question why. Keep an inquisitive mind. Keep yourself aware. Al the   best!