Effective Apprenticeship Strategies in High Court Division

Ram Chandra Das : You know well, legal profession is a skill-based profession. Major practical skills include (i) analytical skill (in-depth analysis of facts from different angles, (ii) researching on laws (for appropriate application of relevant laws in a specific case), (iii) drafting petitions and other legal documents, (iv) examining of witnesses, (v) preparing arguments (vi) presenting the submissions persuasively before the Court and (vii) communicating and negotiating skills. This article is to unfold the apprenticeship provisions in the High Court Division (HCD) of Supreme Court of Bangladesh and to share some strategies to make the apprenticeship effective.

Advocates, especially who intend to enter into the practice before the High Court Division, doing apprenticeship is the best way for them. Besides,‘Permission to practice before the High Court Division’ requires to pass two-step examination process (written and viva-voce) along with an apprenticeship provision. Mainly, Bangladesh Legal Practitioners and Bar Council Order and Rules, I972 regulate the process of ‘Permission to practice before HCD’. However, the objectives and processesof apprenticeshipare not specifically designed or suggestedin our countryin order to complete a successful apprenticeshipbut still there are some good practices at personal level in some law chambers. Articles 21 and 22 of the Bar Council Order and Rule 65A of the Bar Council Rules prescribe the apprenticeshipprovisions and syllabus of the HCD as follows-

• At least 6 months training i.e. apprenticeship is under an Advocate of 10 years standing in the Supreme Court of Bangladesh. OR in case of, Advocates, who called to the Bar or obtained LLM decree with high 2^nd Class following 4 years LL.B (Hons) course have to take training for 1 year with a Senior Advocate of the Supreme Court;
• Syllabus of Written Exam (25 marks) for drafting of (a) a memo of appeal against judgement (Civil and Criminal), (b) a habeas corpus petition, (c) a petition u/s 561A, CrPC, (d) a Civil Revision u/s 115 CPC, and (e) a writ petition, and Viva-voce exam (25 marks)
• A list of 25 cases either civil or criminal of both in which the Advocate appeared before the concerned courts.

Though there is no clear objectives and process of apprenticeship to be enrolled before HCD but it can be translated from the above provisions and also from the experiences of earlier apprenticeships. The objectives of apprenticeship in High Court Division can be broadly illustrated as follows-

After the completion of the apprenticeship candidates will be able to-

1. Acquire first-hand and primary experiences of advocacy skills of High Court Practices;
2. Learn and explain the relevant laws and case laws and their applications;
3. Learn the basic drafting skills of civil, criminal and writ petitions (as part of Permission to Practice before HCD Written Exam);
4. Prepare herself/himself to appear in HCDpermission examination process.

Recommended strategies and activities to achieve the objectives

1. Be engaged with a Senior and plan for doing apprenticeship in consultation with her/him at your convenient;
2. Maintain a schedule for full time (best provision) or part time (at least 4 days in a month) in court and/or chamber in consultation with your Senior and/or other learned friends;

• Assist Senior in chamber worksby taking dictation, drafting, finding a specific law and case law; note down the legal provisions and other important things;

1. Read briefs (drafts and submitted petitions), judgements and other documents of trial courts (with the permission of Senior) in chamber, try to understand different parts of different petitions (of HCD) such as style and language, legal terms and phrases, cause title, application of law, statements of facts, submissions, grounds, prayers etc.
2. Observe court activities especially motions courts (civil, criminal and writ); listen the arguments of Advocates; take notes on the legal issues andother important things;
3. Ask questions to your Senior and/ or chamber mates to know the relevant laws and facts at his/her/their convenient;

• Understand the syllabus, jurisdiction of HCD and previous years questions, examination related books and guides; study them carefully note down and practice them;
• Discuss relevant issues with mates and other apprentices, you may join or form formal or informal study group;

1. Study relevant laws, Constitution, law reports, judgments of High Court Division (from website), practice related books and related materials form internet (Google/ YouTube search);
2. Lastly but not least, read “The Supreme Court (High Court Division) Rules, 1973” carefully and note down the important issues for understanding the procedures of HCD.

Advocates, who intend to prepare themselves to practice successfully before the HCD, in fact, there is no alternative of doing an intensive and methodical apprenticeship. Therefore, every apprentice could prepare her/his plan to do the same considering her/his convenient. Hope this outline would be helpful for you all.

The Author is an Advocate, High Court Division, Supreme Court of Bangladesh. Email: ram.chandra.das@gamil.com