A day in the life of a civil litigator
Get a glimpse of what a work day of a civil lawyer is like by reading Santhi Balachandran’s journal.
6.45am
Leave home for court.
8.15am
Meet client-cum-witness to go over Question & Answer for hearing.
8.30am
Check court list – have 5 Judgment-in-Default (JID)/Consent Judgement cases comprising 2 in Magistrates Court D and 3 in Sessions Court 2. (JIDs are actions usually brought by financial institutions against loan defaulters). Also have 1 hearing in Sessions Court 4 and 1 hearing in Sessions Court 2.
Head for Sessions Court 2 first as court session begins early. Court has not begun but there is a long queue of lawyers at the interpreter’s table. When my turn comes, I give Affidavits-of-Service for the 3 JID files to the court interpreter, and ensure that the hearing file holds a bundle of agreed documents and a bundle of non-agreed documents. Inform the interpreter that I will be in Sessions Court 4 and therefore, request her to stand down my matters (ie don’t call out my file until I return).
8.45am
Reach Sessions Court 4. Check with interpreter that necessary bundles of documents are in my file. Inform her that I will be in Sessions Court 2 (because it starts earlier).
8.55am
Reach Magistrates Court D to submit Affidavits-of-Service to interpreter for my two files. Interpreter informs me that court will begin between 9.45 and 10am. I therefore inform her that I will be in Sessions Court 2, followed by Sessions Court 4, and request her to stand my matter down.
Whilst in court, I call out the names of the defendants in my two cases. One defendant is there and he acknowledges receiving the summons and agrees to a consent judgement or settlement. The defendant of my second case is also present (I’m having a good day!). She does not agree to a consent judgement. Therefore, I advise her that she can appoint a lawyer to represent her.
9.10am
Head for Sessions Court 2. Court is in session. JID cases are being called first. My 3 JID cases are called. Settlements or consent judgements are entered for two cases, while in the third case, judgement is entered against the defendant as the summons was served and the defendant failed to appear. Then, files of continued hearings and fresh hearings (mine included) are called and stood down to the court’s second sitting at 11am. This works well for me as the lawyer for the defendant is in attendance at another court.
9.30am
Reach Sessions Court 4. My file (a continued hearing) is called. The judge informs parties that he has a priority criminal matter to hear so the case is postponed. (There goes the allowance money paid to my subpoenaed witness!)
9.50am
Head for Magistrates Court D (where I have 2 JIDs). One defendant appears and admits that he owes the stipulated sum. Therefore, consent judgement is entered. The second defendant informs me that his car has been repossessed – as this is a hire purchase case, I request the court on behalf of the plaintiff, for a fresh date in order to assess the balance owed by the defendant after the sale of the car.
10.15am
As my matter in Sessions Court 2 has been stood down until 11am, I go to the canteen opposite the court building, for a much-needed break!
10.45am
Back in Sessions Court 2. My witness is present. Second sitting starts at 11.10am. Out of three continued hearings, postponement dates are given for two, at the parties’ request. The remaining continued hearing is held.
12.05pm
At the end of this hearing, fresh hearings begin. There are four cases but I’m in luck as my file is called first. The lawyer for the defence is also present. Both parties mark our respective bundles of documents. Next, the plaintiff’s witness is called. I conduct an examination-in-chief by tendering a Q&A as evidence and mark documents in the bundles as exhibits. Then, the defence conducts a cross-examination of my witness, followed by my re-examination. It’s almost 1pm when the judge gives a new date for the hearing to be continued.
1pm
Lunch
2-4.30pm
Back in the office. Go through all mail received by post. Then work on the following tasks:
- Vet a counter-claim draft (for a client who is a defendant in this case).
- Complete an Affidavit-in-Reply, in response to a Hearing Application.
- Make a notation that I’ve just received a written submission which I will need to reply in 2 weeks.
- Banking work: sign notices of demand and ensure that they go out within 24 hours.
- Sort out tomorrow’s court files; call witnesses to confirm attendance; out-station case: call the court to confirm that it will be heard.
- Return calls of clients and lawyers.
4.30-5.30pm
Meet with a client to prepare a Q&A for a hearing in 3 days.
5.30-7pm
Normal paper work such as letters to clients and vet drafts of affidavits.
7.30pm
Leave for home.
9pm
Dinner.
10.30pm
Go through paper work for tomorrow’s matters.
Midnight
Go to bed.
Santhi Balachandran, 35, is a graduate of the University of London and has been in practice for 9 years. She specialises in banking, general civil litigation, family and accident matters.
