ENGLISH PROJECT

Date of submission:

/2013

Subject: ENGLISH

MEMORIAL

DRAFTING OF MOOT

Submitted for the partial fulfilment of the

Requirement for the 2nd semester BA.LLB. course of
Uttarakhand Technical University
Submitted
Submitted By:-

To:

Mr.Mohit

Negi

Pravesh kumar Rawla

Faculty
BA.LLB.(Ist Year)

(English)

Batch: 2012 2017

Siddhartha Law College, Dehradun

ACKNOWLEDGEMENT
I have taken efforts in this project. However, it would
not have been possible without the kind support and
help of many individuals and my faculty teacher Ms.
Sunita Rathore . I would like to extend my sincere
thanks to all of them.
I am highly indebted to (Siddhartha law college) for
their guidance and constant supervision as well as for
providing necessary information regarding the project &
also for their support in completing the project.
I would like to express my gratitude towards my
parents, my teacher, my friends for their kind cooperation

and

encouragement

which help

me in

completion of this project.

My thanks and appreciations also go to my colleague in
developing the project and people who have willingly
helped me out with their abilities.

CONTENTS
INTRODUCTION
What is moot court?
What is moot memorial?

DRAFTING OF MOOT MEMORIAL

Sections of moot memorial

Front page
Table of contents
List of abbreviations
List of sources/authorities
Jurisdiction of court/statement of jusrisdiction
Statement of relevant facts
Questions presented
Summary of arguments
Arguments advanced
Submissions

CONCLUSION
BIBLIOGRAPHY

PROJECT REPORT 2

INTRODUCTION
LEGAL COUNSELLING
CLIENT INTERVIEWING
PURPOSE OF CLIENT INTERVIEWING
INITIAL & SUBSEQUENT INTERVIEWING
INTERVIWING TECHNIQUES
BEFORE COUNSELLING
DURING COUNSELLING
EFFECTIVE COUNSSELLING

 LEARNING COUSELLING SKILLS

CONCLUSION
BIBLIOGRAPHY

INTRODUCTION
What is a moot court?
A moot court is an extracurricular activity at many law schools in which
participants take part in stimulated court proceedings, which usually involves
drafting briefs (or memorials) and participating in oral argument. The term
derives from Anglo-Saxon times, when a moot was a gathering of prominent
men in a locality to discuss matters of local importance. The modern activity
differs from a mock trial, as moot court usually refers to a stimulated appellate
court or arbitral case, while a mock trial usually refers to a stimulated jury trial
or bench trial. It is solely focused on the application of the law to a common set
of evidentiary assumptions to which the competitors must be introduced.
What is a moot memorial?
As stated in above question that drafting a memorial is essential in a moot court
proceedings, so in light of this fact, we will now study what a moot memorial
is?
Memorials are in essence legal written documents that are prepared by the
competiting teams based upon the facts presented in the case, and subsequently
utilise by teams to develop a framework for their oral pleadings. During a moot
court competition, participant teams must prepare and submit two memorials
per team ; an applicant memorial and a respondent memorial (exceptions based
on rules of moot court competition). The memorial should be :

Persuasive (based on facts)

Should be made by denoting enough time of research and analysis.
Clearly presented by successive steps.
Acc to the rules of the moot court competition to which it is subject.

DRAFTING OF MOOT MEMORIAL

As we are aware that moot memorial is very essential for a moot court
competition, its drafting in a right and conventional manner is also important.
We can not just describe anything in any manner. There is a conventional and
universal (exceptions based on rules of moot court competiton) described
flowchart that how to draft or what a moot court memorial should contain. The
most important part is sections of moot memorial and we are going to deal with
this topic only in our project as there are many things to be learnt regarding the
memorials so it will become burdensome to deal with all the concerning points.

The sections of the moot memorial.

Each memorial shall contain the following required sections in the following
order:
Front

Page,

Table

of

Contents,

List

of

Abbreviations,

List

of

Sources/Authorities, Jurisdiction, Statement of Relevant Facts, questions

presented, Summary of Argument, Argument Advanced, and Submissions.
Below is some advice on preparing each of these.
A. Front Page:The front page is very important in a Moot Court Memorial as it comes in
direct contact with the adjudicators. Through the front page, the adjudicator
is able to distinguish that which memorial is of which team & of which
side(either Appellate or Respondent) etc. So the front page shall include
team number: the year of the competition, the name of the case, title of the
document (i.e. Memorial for Respondent or Memorial for the Appellant)
and the total number of words in the argument and submissions section on
the bottom right( exceptions based on the rulings of Moot Court competition.
B. Table of Contents:-

While most national legal systems do not require a table of contents as a

part of their written pleadings, this is a good learning exercise for
participants. Having a table of contents allows the reader to quickly scan
and therefore better grasp the organization, structure and logic behind the
legal research in the Memorial. Thus, teams should be conscious of the
initial impact that the headings in the table of contents can have upon the
judges. It also helps a adjudicator to reach any written material in which
you are instantly dealing.
C. List of Abbreviations:Utilizing standard and common abbreviations is acceptable and at times
strongly encouraged when composing the Memorial. Any abbreviation used by
participants within the Memorial should be explained in this section. This is a
good way to save your speaking time. You need not to recite a whole word for a
general word. Just give its abbreviation in list of abbreviations and use it
wherever it is coming in the document. Remember one fact; you can only use
general abbreviations in the list of abbreviations. If you are making the
abbreviations on your own, the adjudicator may deduct the marks for it.
D. List of Sources/Authorities:Each source or authority must be supported by bibliographical information that
allows a reader to identify and locate the authority. This section allows
participants, as well as judges, to get a clear sense of the extent of the research
that was conducted to build the legal argument. The list of sources should be
relevant and supportive of the case and should signify the diverse and
comprehensive nature of the teams work. In this section, a good Memorial will
have the relevant Memorial page number(s) from the Argument section where
that source/ authority appears. Listing sources which have not been supported
by a teams argument and thereby falsely alluding to the extent of a teams

research initiative will be easily recognized by the Memorial grader, and reflect
poorly upon a teams overall performance.
E. Jurisdiction of the Court/Statement of Jurisdiction:The participants are expected to work within the framework of the legal and
judicial system specified by the official rules of the particular Moot Court
competition they are participating in. While these do differ by competition and
these will be clearly indicated on the website of the moot court programme.
F. Statement of Relevant Facts:The Statement of Relevant Facts should be limited to facts relevant to the
Arguments section. When preparing this section, Mooters should consider that
the Statement of Relevant Facts is not a regurgitation of the various statements
and facts presented in the case. It is very good practice to develop a different
Statement of Relevant Facts for the Applicant and Respondent. Opposite sides
will typically place an emphasis on different aspects of the facts provided and
this must ideally be reflected in the Statement of Relevant Facts for each side.
The statement of facts is the point formation of the facts in a summarised and
creative approach. It is generally for the reference of the adjudicator to make
him understand case swiftly. It is also for the reference of the participants in
writing down their arguments acc to the case.
G. Questions Presented:Similar to the Table of Contents and List of Sources/Authorities sections, the
Questions Presented section provides the Memorial grader with a critical
understanding for how a respective team plans on approaching the case. The
questions in this section are based upon the issues raised in the case, and will be
subsequently answered and addressed in the latter Argument and Submissions
sections. Teams must present the questions in a neutral manner. The questions
should be precise, relevant to the facts, and ideally each question should not be
more than a sentence. While each legal question might have further sub-

questions, teams must state only the main legal questions in this section.
Usually, there are 4-5 main legal questions in every problem.
H. Summary of Argument:When writing the summary of your argument, it is recommended that
participants do not simply rely upon the headings and topic sentences in the
Argument section. This summary is the essential core of your entire argument,
and should truly illuminate the ultimate purpose of your Memorial. This is a
summarised point of view of your main arguments and thus it should be
explained briefly. This generally holds up the main fact on which our argument
is based and laws applied. It is generally asked to submit if the adjudicator is
demanding for the summary of the contention.
I. Argument Advanced:The Argument section is largely considered the most important aspect of the
Memorial, and it is where participating teams are afforded the opportunity and
space to truly display the quality and creativity of their legal research and
analysis. Since the Argument and Submissions sections have a word limitation,
it is vital that teams seek to create a quality, focused argument within the
guidelines of the official rules of your Competition and as a result there are
numerous methods for structuring your argument. Nevertheless, teams should
arrange their points in a logical, justifiable structure, and look to legal
authorities, such as standard text books, academic commentary, statutes and
cases, for developing and assessing the relative strengths of their argument.
Arguments should be presented in a rational and sound manner to further
enhance the argument being forwarded. A strong Memorial recognizes
arguments of the opposing side and tries to put forth arguments that will
constitute a legally tenable response. Arguments that deviate from the problem,
arguments that are repetitious, and arguments that are not legally supported will
not rest favorably with the judges grading the Memorial. It is important to

remember at all times that you must apply the facts to the legal arguments being
developed.
J. Submissions:Following the Argument section is the last section of the Memorial, the
Submissions. In many Moot Court competitions, Submissions can also be
commonly referred to as reliefs, prayers, or even prayers for relief. In essence,
they refer to the various orders on the basis of the arguments in the preceding
section teams seek from the court. Each order sought must be precisely
drafted in one sentence per order, and must appear in the Questions Presented
section.

CONCLUSION
This guide was intended to serve as a resource and provide insight and
information as Moot Court teams prepare for their Moot Court Competition.

BIBLIOGRAPHY

Price Media Law Moot Court Programme:-- Participants

Guide on how to prepare the Moot Court Memorials

www.google.com
www.wikipedia.com
www.yahooanswers.com
www.scribd.com

Project report 2
Legal counselling
INTRODCTION
In the common law, legal advice is the giving of a formal opinion regarding the
substance

or

procedure

of

the

law,

usually

received

from

a solicitor, barrister or lawyer, ordinarily in exchange for financial or other

tangible compensation. Advice given without remuneration is normally referred
to as being pro bono publico (in the public good), or colloquially, pro bono.
The UK's Legal Services Act 2007 includes the giving of legal advice within the
definition of unreserved legal activities, which means that it can be provided by
any person not just an officer of the court. However, if it is provided by a lawyer
or another person authorised by one of the front line legal services regulators,
then this activity is included within their regulatory reach.
Legal advice is distinguished from legal information which is the reiteration of
legal fact. Legal information can be conveyed by a parking meter, sign or by
other forms of notice such as a warning by a law enforcement officer. Printed
legal materials, such as directions and how-to manuals, are generally not
considered legal advice. Accordingly, directions on how to fill in a motion form
and other court documents do not constitute legal advice. On the other hand,
application of legal rules and principles to a specific set of facts is almost
always held to constitute legal advice.
Legal counselling generally involves counselling of a client because after
graduation, a lawyer has to practice in real courts and for this he/she has to
develop the skills to counsel and convince his client. So in this project report we
are going to study the techniques of counselling the client which is so called
LEGAL COUNSELLING .
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
looked upon to facilitate decision making in certain critical legal matters. This

function of the lawyer influencing and facilitating decisions is called

counselling. Bar Council of India, the highest professional body of lawyers, has
a key role in Professional Legal Education.
1 It has drawn up a detailed scheme on practical training consisting of
professional ethics, barbench relations, contempt of court, moot court, pre-trial
procedures, negotiations, interviewing and counselling, drafting of conveyances
and pleadings, legal aid, public interest lawyering etc. The word 'Counsel' has
its origin in the Latin word 'consilium' which means advice.
2 According to Blacks' Law Dictionary, counsel means advice and assistance
given by one person to 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 behalf in civil, criminal or administrative action and
proceedings.
3 The process of counselling has two functions:
. 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.
To help the person decide on his or her own solutions.
4 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.
5 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.
6. 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.
7 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.
8 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 clients one or two at
a time, with the door closed.
9 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.

PURPOSE OF CLIENT INTERVIEWING

The lawyers require to know the factual dimensions of their client's situation.
Factual matrices are the conditions for laws to operate. "Neat packages of fact
are a predicate for professional activity by lawyers".

10 One fundamental purpose of interviewing is to know the facts story. The

responsibility of gathering the facts is that of the lawyer. The fact that the client
has approached a lawyer itself conveys that he or she has identified some legal
problems. But the client may not know what matters, facts, instances and
documents are significant and relevant. The lawyer will have to extract the
necessary information and identify the legally sensitive facts. Expression of
feelings like disillusionment, disgustion, pain etc can also constitute important
facts. Identification of witnesses, documents etc, are also done by interviewing.
The second significant purpose of interviewing is building the professional
relationship with the client. The lawyer shall ensure to the client that his
interests will be well taken care of and he and his feelings will be genuinely
respected. Mutual trust is the characteristic feature of the professional
relationship. If the client does not trust he may not divulge certain secrets and
may find uneasy to discuss certain delicate matters. It is pertinent to note that
the duty to maintain confidentiality is implicit in the lawyers duty to give
priority to the interests of the client. Bar Council standards of professional
conduct and etiquette mandates that the advocates shall not directly or
indirectly, commit a breach of the obligations imposed by Section 126 of the
Indian Evidence Act.11
In establishing the professional relationship the lawyer will be necessarily
interested in knowing certain personal details about the client, his background,
credibility etc. If the lawyer has certain reasons to disbelieve the client he shall
openly discuss with the client the factors inhibiting the trust relationship. Finally
it is the preference of the lawyers to decide whether to take up the case of the
client.
12 In the professional relationship mutual obligations will be discussed and
agreed upon. One interesting and important aspect is that of fees. Quoting the
fees is an art best learnt by experience. Lawyer shall be guided by his stand at
the bar, nature of the case

13 and affordability of the client. Free legal assistance to the needy is a noble
duty.
14 An Advocate shall not stipulate for a fee contingent on the results of
litigation or agree to share the proceeds thereof.
15 The third notable function of interviewing is understanding the expectations
of the client. What are the interests, expectations and concerns of the client?
Unless these are understood and seriously considered, the efforts to satisfy the
client will go in vain. It should be remembered that it is the satisfied client who
while advertise for that lawyer.
16

INITIAL AND SUBSEQUENT INTERVIEWING

Interviewing the client may be a continuous process as the matter proceeds.

There may be cases of a single interview and counselling. But generally when
the client seeks counselling and assistance in deciding from alternatives
available and also representation in the Courts or other means of
implementation of the decisions, interview will be an on going process. The
first/initial interviewing shall be carefully attended to. "But the initial interview
is essential to cementing the foundation for the lawyer-client relationship. If the
job is poorly done, the foundation will be unable to support the construction of
the complex professional relationship needed to conduct a long or emotionally
difficult case."
17 The client may be very nervous or skeptical. It may be nerve wracking for
the client. Lawyers shall develop the ability to spot nervousness and the
capability to tackle such clients. An informal friendly enquiry, offering
refreshments, changing environment may be required to make such clients
comfortable. The law office shall be properly ventilated and illuminated.
Orderly arrangement and aesthetic look of the office shall be given due
attention. Office atmosphere should keep the clients comfortable. Meetings

with clients should be in privacy where ever desirable otherwise clients will not
open up. They shall be assured that their secrets would be safe in the lawyers
hands.

INTERVIEWING TECHNIQUES
Interviewing is a very purposeful activity and attending to small things in a
meticulous manner can provide fruitful results. Counsellors should be patient
and careful listeners. That the client has approached a particular lawyer shows
that he/she trusts the lawyer and a patient hearing will only enhance the trust.
Moreover the client fears that his property, life or liberty would be at stake and
his feeling should be respected. Lawyer should listen with interest and ensure
uninterrupted hearing. Office staff should be instructed accordingly. Physically
responding to what is said, commenting and questioning on certain significant
matters will assure comfort. Lawyer shall mind the manner and tone of their
questions. Silences will have to be tolerated, unwarranted interruption can block
important information. An atmosphere that encourages expressions of feelings
should be ensured. But the lawyer shall be dispassionate and objective lest his
logical, critical and analytical skills will be impaired.

BEFORE COUNSELLING
Counselling is a professional activity anchored on the special knowledge of the
counsellor. The client in most cases absolutely surrenders his matter to the
lawyer and accepts his suggestion in toto. The lawyer is duty bound to uphold
the best interests of his clients by all fair and honourable means. An advocate
shall not do anything whereby he abuses or takes advantage of the confidence
reposed in him by his client.
18 There can be disciplinary action by Bar Council for breach of code of ethics.
19 Lawyer shall also bear in mind his accountability under consumer law and
common law,
The lawyer shall understand the following before counselling a client-

1. The facts pertaining to the clients' situation

2. Clients' perspectives and expectations
3. Clients' concerns as to costs, consequences and risks
4. Law applicable
5. Considerations of justice, fairness and morality
6. Bar Council Code of Ethics

DURING COUNSELLING
Lawyer shall act responsibly while communicating legal advice to the client.
Care shall be taken to speak in client's language. A lay man cannot appreciate
legal terminology. It shall be the duty of the lawyer to assist the client in
understanding his rights and duties. The lawyer shall explain all options in the
situation with consequences and costs. Assistance in making choice from
available options shall be rendered. No option shall be forced upon the client.
An advocate shall not, at any time, be a party to fomenting of litigation.
20 The lawyer shall be objective and honest and explain the weakness of the
case as well.

EFFECTIVE COUNSELLING
Effective presentation of a legal opinion/advice depends on several important
requirements. Substantial thoroughness in the knowledge of law and procedure
is a must. Logical and critical thinking will enhance appreciation of the
objective dimensions of the client's situation. Good inter personal skills will
help in interviewing the client properly and broadening the information base.
Sharp comprehension skills will be required to appreciate the expectation and
concerns of the client. Liberal education about developments and happenings
around is also important. We have to be alive to the fast changing would around
us. Updation of knowledge by keeping abreast of changes in codified law and of
latest decisions of Courts and tribunals is indispensable. Clarity of thought and
good communication skills are essential to send the message across to the client.

LEARNING COUNSELLING SKILLS

Learning to apply law in a given situation can mark the beginning. This will
help students to identify the problem, formulate the issues and seek solution
under law. We cannot conceive of a lawyer who cannot talk. Communication
skills can be learnt by interacting in the class room discussions. Raising
questions should be encouraged. The opportunity to answer questions raised in
the classroom can be offered to students with the teacher's concluding remarks.
Classroom presentations on small topics should be compulsory for students.
Such presentations should be at least five for each student in every term. Group
discussions and seminars for students will open more gates for student
participation. Counselling can be taught to students by stimulation exercises.
The lawyer's role and the client's role can be enacted for the observation of
students on hypothetical problems. Sufficient pre-planning is required. A variety
of problems will have to be chosen. The students can be given mock counselling
exercises where they will interview and counsel. The students can pick up
counselling skills by observing real interviews and counselling in an advocate's
office. This requires cooperation on the part of advocates and also the consent
of the clients. Legal aid clinics and legal aid camps can offer great opportunity
to law students in learning counseling techniques.

CONCLUSION
Therefore, in this project report we conclude that in legal profession legal
counselling is very vital to have a practical experience of convincing skills.
Legal counselling is very useful skill in a legal profession and in this project
report we concluded the method to approach legal counselling.

BIBLIOGRAPHY
Oxford Reference Dictionary, Oxford University Press, 2003
V. Nagaraj and Frank Block, Interviewing and Counselling in N,.R.
Madhava Menon, Clinical Legal Education, Eastern Book Co. Lucknow,
2003
www.google.co.in
www.wikipedia.com
www.yahooanswers.com

 www.freedictionary.com
www.scribd.com