The art of presenting arguments in the court

 The following are the notes from a video by Sumit Chander, an advocate with approx 20 yrs experience as practising advocate.

1. After inspection of court file, your file should be exactly same as court file. Every line or dot in file is important which a judge might have put for some reason which you'd realize during arguments. The page numbers should be exactly same so that you can guide court in opening the exact same page.
2. If something  in your favor, stress on it. If something against you, be prepared to answer it.
3. Not just synopsis and list of dates and events, you should also read your pleadings including your plaint, WS. You must thoroughly read WS, what they have written in WS, they are going to argue same in court.
4. In a suit, look at the issues framed by the court. When the court frames the issue, it also writes OPP/OPD which means onus of proof on plaintiff or onus of proof on the defendant. You must be able to prove the issue where onus is on you. Read evidence i.e. examination in chief and cross exam of each witness and put both together. See what documents have been exhibited and what document is marked. If a document is exhibited, it's already proved in court. If a document is marked, you must support it with some extra evidence, supporting evidence to be able to prove that document if it is important to you.
5. Four steps to Reading the entire file:
6. Step 1: While reading, keep marking sentences which are in your favor and which are against you. Make small marks instead of highlighting entire paragraphs. In first reading, just mark with small ticks or small cross which you want to read to the court from start to end. Do that in pleadings, documents, evidence. 
7. Step 2: In second reading, highlight the words of the sentence which you want to prominently bring to the notice of the court - 1-2 words which you'll stress upon while reading the sentence. Mark red/green depending on what is in favor/against you. You should be fully prepared with counter arguments for any arguments that will be against you.
8. Step 3: In third reading, start preparing your notes which will help and guide you with the direction of arguments. What you want to argue/stress upon. Your note should be one liners and never more than one page. You're not reading out case file in the court, you need to argue. Judge can read the case. Argue the important point of arguments which will convince the court in your favor. If Judge gives 5 mins to argue and I quote these 5 points, I should win the case. Each pointer of the note should mention the page number & para number in case-file for judge to refer to. Your notes are on facts.
9. Step 4: Now, you need to add law to your facts. Relevant provisions/section of law on which you have based the case. You need to fulfill all ingredients of the provision of law to win the case. Then read judgments/precedents that support it. In judgments/precedents, you need to highlight the words that you need to stress in the court.
10. Step 5: Finally, the presentation in the court. All your hard work is worth 30% but 70% is your presentation, how you present your arguments. Observe how lawyers argue. See what style you relate to and try to adopt technique from that lawyer. Observing is the best form of learning. Unless you see a lawyer arguing in the court, you won't be able to adapt.
11. Tip: A senior advocate when realize that judge did not listen to his arguments or point, he would literally bow down to the judge, yes milord, pease milord and flatter the judge and then argue the case. 
12. Never be disrespectful with the court. Aggression is okay but have the elegance. Bow down. Make eye contact with the judge. Arguing in the court as good as reading psychology of the judge in the court. Judge is reading the file, not listening to the arguments. Unless you've eye contact and just reading your notes, then judge may lose interest in your case and you might lose it. 
13. If the judge's mind is going haywire, use these small sentences to bring back attention of judge:
    "The relevant portion here milords"
    "One of the very interesting aspect that I'd like to bring to the notice of this court"
14. Try to have conversation with the judge. Keep your sentences short.
15. Please address the court, not the opposite council. OP can pitch in, making provoking statements that these people are cheat, liars. And you can get into an argument with OP that ow can you call me a cheat, the facts are in the document. There's no point arguing with OP council. 
16. Dress properly, act professionally. Change your bands if it has become dirty. 
17. Practice your arguments before a mirror. 
18. Tell arguments/facts of your case to your friends & relatives. They might not know anything about the case but if you can convince them, it will help you when arguing in court.
19. Never go to court assuming the judge has read your file. This is not true. You've to present the entire background of the case to the judge unless judge tells you to skip the facts and come to the point. 
20. You can listen to arguments of a senior advocate and learn everything about the case just from their arguments. 
21. Practice opening of the case, your first line describing facts of the case might tilt the mind of the judge into listening your side of story. Practice.
22. Joke:
    Judge asked Mr Ramaswamy if he thinks judges are fools.
    Ramaswamy: You've put me in a difficult situation. If I agree, then I will be in contempt. If I disagree, then I will be committing perjury. 
23. Vivek Says: It's a honor for advocate to get raised from bar to bench. In IT, if you reach bench, it's called demotion, not elevation.
24. An advocate is first an officer to the court and then a lawyer to your client. So, don't be a mouthpiece of your client in the court. Your clients would always say argue this, argue that. Advise your clients. Argue based on facts and law. Show them the law, explain it to your client. While arguing in court, you need to assist court in arriving at the judgment that will bring justice. Your arguments should be based on facts, law and evidence to arrive at justice. 

Reference Video:

https://www.youtube.com/watch?v=jCxvFwFE0ic&t=518s