LexTalk World Talk Show with Saurabh Misra, Independent Law Practitioner


LexTalk World Interviews Saurabh Misra. Saurabh, an Advocate enrolled with the Awadh bar Association, completed his LLB from the University of Lucknow in 2017 and thereafter in 2021 finished his LLM in Constitution and Administrative Law from the Sri Ramswaroop Memorial University, Lucknow in 2021. He is currently operating out of his chamber, based in Gomti Nagar, Lucknow. With over 4 years of experience, he appears regularly before the Lucknow Bench of Hon’ble High Court at Allahabad, the Hon’ble Real Estate Appellate Tribunal, Hon’ble Real Estate Regulatory Authority & Hon’ble State Consumer Commission. He has a strong clientele base which includes many notable Real Estate Builders, Homeowners Associations and so on. Saurabh is also the Panel Counsel for Central Government for matters pertaining to Hon’ble High Court, Allahabad, Lucknow Bench. He was also involved in a landmark case which laid down the difference in the roles of the Adjudicating Authority and the Regulatory Authority under the U.P. Real Estate (Regulation & Development) Act, 2016.


Interview:

Host: The pandemic saw some courts begin moving towards more remote proceedings and availability. Is this sustainable, and a possible way to increase access to justice, in your opinion?

Saurabh: This pandemic has completely changed the way courts conventionally functioned earlier. Initially it was bit of an inconvenience for both the court s and the litigators as we were still grappling with the challenges technology threw at us. However, this pandemic has also pushed up towards a smarter and more convenient way of attending the court proceedings which would not only saves up on a lot of times but facilitate the possibility of attending proceedings before various courts simultaneously. However, the flip side of it being that attending court proceedings physically is what helps an advocate to hone its court craft. In my opinion a hybrid system of hearing is what the future holds for us and if continued would definitely help in timely and effective disposal of cases , ensuring increased access to justice.


Host: How would you rate the current legal system drive towards encouraging access to justice? Is there tangible movement in closing the justice gap?

Saurabh: The current legal system has really evolved over the years, we now have sector related grievance redressal mechanism such as RERA authority, wherein the homebuyers instead of approaching Consumer Forums which are greatly burdened with plethora of cases from all sectors, can simply approach RERA and gets its issue specifically pertaining to real estate resolved. These specialized courts are faster in its disposal of cases and one does not have to wait for years and years to get a relief. The idea behind these specialized courts was to instill confidence and ensure access to justice to all. That’s just one example of how access to justice has bee encouraged. However, the judiciary in India is extremely burdened and unfortunately with the pandemic hitting us the work has been greatly affected and we will have to wait and watch as to how soon can this gap can be bridged by a collective effort of both the bar and the bench.


Host: In the era of legal technology, what are the most common used tools for you?

Saurabh: Online legal research tools such as SCC and Manupatra are the most common used tools for lawyers. What is any argument without precedents backing it up. Rest tools such as google calendar etc are what helps the lawyers keep its case diary organized.


Host: Time is money in any profession and in legal it's most of all. How do you ensure to make the best of you time as a lawyer?

Saurabh: As a lawyers its important that we utilize our times effectively . A lawyer is literally never off its work, either its court appearances, drafting work , meetings/calls with the clients or work related travel that keeps one occupied. I make it a point to get up early in the morning so that I have sufficient time to go through the matters listed that particular day. Any meeting that requires out of station travel, I prefer having the same over zoom calls as that helps in saving up a lot of time and energy.

 

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