The unsung pillars of justice

The legal profession is not merely a career, it is a lifelong pursuit of knowledge, refinement and evolution. Every case, every client and every courtroom experience offers invaluable insights. Growth in this field isn’t confined to lessons from esteemed seniors and mentors; wisdom often emerges from the most unexpected interactions, reminding us that we have something to learn from every individual we encounter.

In the grand symphony of the Supreme Court, where senior advocates argue with flourish and judges deliver pronouncements that shape the legal landscape, there exists a silent, often-overlooked force - the law clerks.

Clerks stand shoulder-to-shoulder with advocates, bearing the same pressures and battles. These legal warriors, armed with bound volumes of SCC, post-it notes and an enviable tolerance for caffeine, are the backbone of every successful litigation.

I come from the old school of thought where clerks are held in the highest esteem. In my early days, Jagdishji, the office clerk, taught me lessons no law book could, like when to submit, when to pause, and how to read a judge’s mood. While many guard such wisdom, he shared it freely, with a mentor’s generosity. I was fortunate to have him as my guiding force. More than a clerk, he was my teacher, my pillar of strength. He introduced me to the essence of legal practice, from the crucial task of filing a case and securing a passover in court to the final steps of obtaining orders. His wisdom was my foundation; his experience was my shield. I can say with conviction that Jagdishji shaped my journey. He taught me how to manage clients, navigate court proceedings and, most importantly, remain disciplined and humble. At 76, his unwavering dedication continues to inspire us. He travels two hours daily from Rewari to Delhi, fulfilling his duties with unparalleled commitment, only to return home and embrace his familial responsibilities over the weekends. His passion is not just admirable, it is extraordinary.

For junior advocates, clerks are the first point of contact. Mornings begin with them planning not only how to impress their seniors, but also how to navigate clients, judges and courtroom formalities. Clerks work harder than advocates. They arrive before us, ensuring everything is in place, and they leave only after every last task is completed. A seasoned clerk has the predictive abilities of an astrologer and the reflexes of a Formula One pit crew member. They can sense when their senior will suddenly demand a specific judgment from 1997 and have it open to the right paragraph before the sentence is even completed. They carry the weight of our profession with little expectation of recognition.

Supreme Court practice is a minefield of unexpected developments - sudden listing of matters, last-minute changes in benches and urgent filings that require instant action. Here, clerks prove their mettle. They can navigate these challenges with a blend of charm, resilience and a deep knowledge of procedural hacks that no law school teaches.

A well-trained clerk can procure a required document from the registry faster than a writ petition can be drafted. They can also tell, with unnerving accuracy, whether a matter will be taken up at 10:30 AM sharp or linger in the courtroom’s purgatory until 4 PM. Their ability to navigate office politics, influence decisions and ensure their indispensability is remarkable. Some act as gatekeepers, controlling access to advocates. However, if an advocate’s career halts due to stagnation, discontinuation, or untimely demise, the clerk’s practice suffers as well. Without social security or a safety net, their situation becomes precarious.

The rapid advancement of technology can be beneficial for some, but I have witnessed first-hand the immense struggle that many senior clerks have faced in keeping up. For many in this role, adapting to these changes has been particularly difficult. However, the rise of technology in the legal field has also brought about a significant shift - the emergence of female clerks. In what was once a traditionally male-dominated profession, this change is redefining office dynamics and adding a new level of professionalism and structure to an otherwise informal environment

Many clerks start their journey alongside young lawyers, staying with them as they rise to prominence. Although they may not wear robes or wield gavels, their contributions are essential for the smooth functioning of court proceedings. Judges depend on lawyers to uphold justice, while those lawyers rely on clerks to ensure that cases progress seamlessly to the courtroom.

If court corridors could talk, they would whisper tales of late-night case preparations, last-minute strategy changes and heated debates over the placement of a comma in a written submission. Clerks act as trusted keepers of confidential information, efficient managers of schedules and, occasionally, informal negotiators of fees. The strong bond of trust they build with advocates over years of collaboration enhances the effectiveness of legal practice. They often know more about a lawyer’s practice than their spouse.

If a clerk chooses to stick with his boss and proves his unwavering loyalty, their bond thickens, sometimes to the point where the spouse starts eyeing the situation with suspicion! After all, the sheer devotion of a clerk is unmatched, ensuring a steady supply of tea or coffee, assisting with donning the court gown, making sure medicines are taken on time and even setting up a proper lunch table. It’s almost as if the advocate has a personal butler, nurse and domestic manager rolled into one! While these services might typically require an entire staff at home, in court, this "one-man army" handles it all with effortless efficiency.

Clerks face greater challenges than advocates. A lawyer may lose a client but can redeem themselves with the next case. For clerks, a single misstep can cost them their livelihood. Despite their indispensable role, I have rarely seen a dedicated space for them to have a peaceful lunch. Their toil remains unnoticed, their struggles unacknowledged. As advocates rise, it is the silent, tireless work of their clerks that supports their ascent. Shouldn’t they, too, receive recognition and dignity?

While some clerks are treated with the respect they deserve, such instances remain rare. I recall a Senior Advocate’s office where an unspoken rule protected the clerk’s lunch hour, followed by a brief but inviolable power nap, a small yet meaningful recognition of his tireless dedication.

In another office of a particularly eminent Senior Advocate, a unique tradition has persisted unwaveringly over the years that no briefing advocate is ever granted direct access to the senior. The sole conduit for communication is the clerk, who serves as the exclusive intermediary, with even the office juniors lacking the authority to approach the senior directly. This structure not only underscores the clerk’s pivotal role, but also elevates their position within the office.

I have seen many clerks whose lives transformed as their boss’s practice flourished. Their children now pursue professional careers and they enjoy a well-earned retirement - proof that loyalty and dedication, when valued, do not go unrewarded. Their journey is a reminder that behind every successful advocate stands a clerk whose diligence, resilience and silent sacrifices help build legacies. I have also seen the unrestrained joy on a clerk’s face when their lawyer wins a case. The client celebrates, the advocate basks in glory, but the clerk carries that pride in a way even the lawyer’s parents might not. Their boss’s success is their triumph.

I must also mention the remarkable journey of my father's clerk. I vaguely remember that he joined approximately 35 years ago as a young Class 12 student, commuting 25 km to the office on an old bicycle. Over the years, his dedication and perseverance have transformed his life. Today, he is the proud owner of a four-storey house. After successfully marrying off three of his daughters, his fourth daughter is now pursuing a medical degree. Entrusted with full authority over the office, he now supervises two junior clerks, a testament to his hard work and growth.

In the relentless pace of legal life, we often forget to pause, acknowledge and express gratitude to those who form the backbone of litigation. In today’s digital era, where technology dominates, the old-school labour of clerks often goes unnoticed. They may not wield the latest software or navigate online filings with ease, but their grit, hard work and undying determination remain unmatched.

In the intricate world of law, both advocates and clerks walk the path to mastery, one through formal education and the other through lived experience. While a clerk may not hold a law degree, years in the courtroom often make them an unsung expert, shaping the very foundation of an advocate’s journey.

I am confident that my fellow advocates, upon reading this, will be reminded of their first clerk - not merely an assistant, but a silent mentor - whose wisdom and guidance shaped their legal journey in profound and lasting ways.

The dedication and sacrifice of clerks deserve not just respect, but tangible recognition. Let us honour and celebrate them.

More respect and power to them!

Taruna Ardhendumauli Prasad is an Advocate-on-Record at the Supreme Court of India.