Embed Size (px)
Citation preview
Contact - +91-8793460606║ +91-9960666779 ║ +91-9503357577
E-mail – [email protected] ║ [email protected] Page 1
अभिप्राय Office – 56/62, Rajat Path, Mansarovar, Jaipur, Rajasthan – 302020
About Us:
Abhipray means “opinion” in Sanskrit. As the name suggests our aim is to provide bespoke
legal assistance to lawyers and cater the law industry with a whole new concept.
We are a consultancy firm assisting lawyers and advocates in the extensive and pain taking yet
very important aspect of any case i.e. research work be it factual or legal. We are a group of
well qualified professionals aiming to revolutionize the legal industry by providing customized
legal assistance to our clients. Our team has prior experience of working with top firms in India
and Middle East.
A list of things we do, so that you don’t have to –
1. Legal research:
1.1 Issue based research: This service is recommended for those clients who need us to
do research on a particular issue. Here we provide legal and factual research on
issue, as required by the client. This service will support client in affirming his
statement with our extensive research report.
1.2 Case based research: This service is recommended for those clients who wish to take
our research expertise for the whole case. Irrespective of number of issues in that
case, our research team will assist you throughout the case.
1.3 Retainer: This service is recommended for those clients who seek our research
expertise in various numbers of cases at the same time. If client has diversified work,
he may opt for retainer wherein we will provide research on any required issues and
charge on hourly basis.
2. Agreement reviewing:
2.1 We summarize, vet and review the agreements as per the needs of the client. We
offer our own inputs to make the agreement up to the mark.
Contact - +91-8793460606║ +91-9960666779 ║ +91-9503357577
E-mail – [email protected] ║ [email protected] Page 2
3. Drafting:
3.1 To help save the precious time of lawyers, we assist in drafting all types of plaints
and notices.
4. Document reviewing:
4.1 We review the documents of our client to ensure that everything is in place. We do
the tedious and time consuming work to ensure that lawyers spend their time in
doing more productive and important activities.
Our Research Methodology:
We use online databases like Manupatra, SCC Online, Lexis Nexis, Westlaw India to provide
latest judgments not only of Indian courts but also from International Courts. We also provide
extensive and in depth study of terms (within the issue) by studying judgments, conventions,
treaties and law dictionaries which enhances the drafting and provides in depth understanding
of the issue in hand. This helps to boost up the chances of winning the case.
At Abhipray we have developed a step by step scientific legal research process
1. Plan and organize our research: Here we try to understand basic information about the
issue in hand like parties, events, and claims.
2. Defining and understanding of the issue: We use an array of texts, journals, seminar
papers, etc. to define and provide basic understanding of the issue in hand.
3. Search of case law or other relevant information: After defining the issue we run a
search for case laws and other information as asked by the client on our various
subscribed legal databases. We also use secondary sources to dig out the required
results.
4. Reading techniques:
4.1 We read not only for the content but for the context of the case: As a Supreme
Court judge once said that “if text is the texture then context is the color of any reading”.
4.2 We look to the context within the case itself, such as lower court decisions and
arguments of counsel. We also look to the context outside the case, obtained from
news sources, literature, government documents and other information sources.
4.3 Reading of the judgments as a rhetorical document: We mull judgments as a
rhetorical document trying to persuade the reader and challenge the belief that the
language of judicial opinions is a neutral medium for the expression of the
disembodied reason. By studying the word choice and use of precedent, our team
tries to analyze the larger rhetorical design.
Contact - +91-8793460606║ +91-9960666779 ║ +91-9503357577
E-mail – [email protected] ║ [email protected] Page 3
4.4 Reading of omissions: Here we look for what is left out, disregarded or considered
unimportant in a case and also consider whether the gaps can be filled in without
altering the conclusion.
5. Restate the issues and refine the strategy:
5.1 Restate the issue: Often it is needed to restate the issues after finding some relevant
cases and review secondary sources. At this point if required we flesh out the issues,
by adding sub-issues, and determining which issues are straightforward and which
are problematic. This whole process helps in expanding the horizons of our research
to determine the relevant sub-issues such as applicable remedies, defenses available,
limitation issues and interpretation.
5.2 Refining of research: We refine our researched content and try to find out conflicting
case laws, and rulings which may help our client to be extra prepared for any surprise
from the opposing counsel.
6. Review and assessment: This is the final bay where we review and assess the
researched cases in a threefold manner:
6.1 Weighing of the case: At this stage we read the cases again and assess the weight the
court would give a case based on :
6.1.1 Whether the case is binding or persuasive.
6.1.2 The level and jurisdiction of the court.
6.1.3 The closeness of the facts to client’s case.
6.1.4 The closeness of the legal issues to client’s case.
6.1.5 The soundness of the reasoning in the case.
6.1.6 Whether the court considered pertinent case law in reaching its decision.
6.1.7 The age of the case.
6.2 Analyzing of the case: It is unusual that a particular legal rule shall be stated
consistently throughout a line of cases. So we prepare a table comparing the factors
and reasoning in each relevant case to evaluate the cases we have found and
synthesize the reasoning and rules in them.
Contact - +91-8793460606║ +91-9960666779 ║ +91-9503357577
E-mail – [email protected] ║ [email protected] Page 4
6.3 Critical reading of the cases: This part of the research is done by a different set of
researcher where they apply some techniques to critically evaluate the case.
Following points are assessed at this stage:
6.3.1 Noticing what the court said about the rule.
6.3.2 Noticing how the court applied the rule.
6.3.3 Noticing how the court did not apply the rule.
6.3.4 Noticing of the facts court laid emphasized on.
6.3.5 Noticing of the policy considerations the court described.
Our team also considers whether the reasoning employed in the case is:
Rule – based: Has the court reached an answer by establishing and applying
a rule of law
Analogical: Whether a case with similar facts should govern.
Policy-based: Whether the court has reached the answer on the basis that this
result will be best for society at large.
Narrative: Whether the case tells a story that calls forth this result.
Narrative: As Linda Edward suggests “that case analysis should include consideration of what is the
story being told, the prototypical narrative underlying the text “. So we figure out the role of
narrative in the judicial decision to analyze them:
By comparison of conflicting decisions on a similar point of law and identify the stories
being told.
By considering the tension between the narrative reasoning and rule based reasoning:
whether the judge decided the case based on story or outcome that most appealed to the
judge, without regard for the governing law, or did the judge use the narrative or
analogical reasoning to further shape the rule of law.
To summarize we do not simply paraphrase the case we give it another perspective.
`
