Elucidate the following: What a Company Secretary should bear in mind while appearing before any judicial authority?

CS Professional · Drafting, Pleadings and Appearances · PYQS · June 2023
Elucidate the following: What a Company Secretary should bear in mind while appearing before any judicial authority?

Answer & Explanation:

A Company Secretaries should bear in mind the following while appearing before Tribunals or other quasi-judicial bodies: (i) Clarity: The judge's time is limited, so make the most of it. (ii) Credibility: The judge needs to believe that what you are saying is true and that you are on the right side. (iii) Demeanour: We do not have a phrase "hearing is believing". Humans which includes the human judge, is far more video than audio. The way we collect most of our information is through our eyesight. (iv) Eye contact: While pleading, maintain eye contact with your judge. (v) Voice modulation: Voice modulation is equally important. Modulating your voice allows you to emphasize the points you want to emphasize. Be very careful about raising your voice. Use your anger strategically. But use is rarely. Always be in control of it. (vi) Psychology: Understand judge's psychology as your job is to make the judge prefer your version of the truth. (vii) Be likeable: At least be more likeable than your opponent. If you can convert an unfamiliar Bench into a group of people who are sympathetic to you personally, you perform a wonderful service to your client. (viii) Learn to listen. (ix) Entertain your judge: Humour will often bail you out of a tough spot.

Topics: Professional Ethics

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