The interviewer, K. Yugantara, is a 5th Year, B.Com., LL.B.(Hons.) student, from Sastra University, Thanjavur, Tamilnadu.
Name of Legal Stalwart: Mr. R. Sivam
Designation: Advocate at Trial Court.
Bar Council No: MS/514/1990.
Areas of Practice: Civil and Criminal cases
About: Mr. Sivam has completed his Bachelor of Laws from Dayananda Sagar College, Bangalore. He is in practice in Tamil Nadu for 33 years now.
Q.1: Please tell us about your journey of being an advocate.
I had my league with my paternal grandfather, Mr. Rajagopal, who had a bar experience of 52 years in the year 1989. He was an eminent civil and criminal trial court advocate. To put it in a nutshell, his experience at the bar was equal to my age today. I served as an additional public prosecutor in district courts from 2001-2006. During that period, I handled three hundred murder cases, of which 90% times, the accused were convicted.
Q.2: Are you a first-generation lawyer?
No, I am a 4th generation lawyer.
Q.3: How do you think that Law School education has changed since then?
It has got sea changed, but the basic structure remains unaltered. Some new branches of law have emerged in the era of advancements, like cybercrimes, private international law, specific crimes against women, etc. which were not in the curriculum at the time I was in my law school. The students have more practical experiences like participating in moot court competitions and publishing research papers in journals.
Q.4: Why does the profession of law excite you?
This profession can be practiced throughout the lifetime, without any limitations on time. Besides my passion, I can serve people with all respect. As a trial court advocate, unless I become an expert in all fields, it is difficult to handle a case, and that is the beauty of advocacy.
Q.5: Who is your inspiration and what all things motivate you to keep all your zeal in the highest spirit?
My paternal great-grandfather Sivasubramaniam is my inspiration. He was a successful advocate in the Karur district of Tamil Nadu even before independence. My mantra to keep me motivated is to stay on a subtle interpretation of the law with the highest quality of integrity without any nepotism.
Q.6: The underlying principles and values that you preach and apply for excelling in professional life?
Always learn. Sail with the truth. Give proper attention to litigants.
Q.7: Litigation is a full-time profession, so how do you balance both personal and professional life?
It is very difficult to answer this question. When advocacy becomes a part of your life, the cooperation and sacrifice of your family members plays a pivotal role.
Q.8: What are the challenges and changes which you see and wish to be brought into the Indian Legal System?
The greatest challenge is the continuation of the battle up to the Supreme Court. The delayed execution and enforcement after passing a decree or order is another major challenge. Another factor is the lack of experience in appointing judges and law officers.
The changes that I seek to bring is the curtailment of appeal, swift execution, and minimum bar experience of 5 years for a junior civil judge and a compulsory authorised internship for junior as well as senior civil judges.
Q.9: What are the hardships that a defence counsel face while presenting a case before the Hon’ble Court?
The irony is, nowadays in most branches of criminal law, all doors of defence advocates are shut down. Indian lawmakers under the guise of amendments have shifted the burden of proof on the accused. Raising small doubts on prosecution case which was once sufficient to get an acquittal has now lost its charm. We lack the appreciation of evidence according to criminal jurisprudence.
Q.10: What will be your advice to our young and blooming lawyers, please shower your wisdom on them with your sparkling words.
Be bold. Don’t bend. Always stay on the side of the truth. Be faithful to your clients. In the profession of an advocate, for the first ten years, there will not be any satisfactory work and income. In the next fifteen years, there will be some work and income. After 20 years, there will be no work with full pay. Passion, perseverance, and patience are the keys to becoming a successful advocate.
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