Which is a better course of action – making verbal submissions or filing written briefs?
2. Which is a better course of action – making verbal submissions or filing
written briefs?
Lawyers generally argue the cases on conclusion of the examination of witnesses in
the judicial proceedings. In most of the disciplinary cases, the summing up of the
case is done through submission of written briefs. All the parties to the proceedings
prefer the submission of written briefs because of the following reasons:
(a) If the case is argued orally, the Inquiring Authority will have to take down
notes of the argument and the same will again have to be reduced to writing.
Submission of written briefs saves this extra labour for the Inquiring Authority.
(b) Arguing a case is a more difficult task than leisurely writing a brief. Argument
calls for certain additional skill i.e. Presentation skills, verbal fluency, presence
of mind, etc.
(c) Officials are mostly familiar with the written submission of their proposals and
would feel at home while preparing written briefs.
(d) While arguing a case one may miss a point. But written briefs can always be
rechecked and shown to an expert before submission and omissions can be
avoided.
(e) Above all, the Presenting Officer can get his written brief vetted by the
appropriate authorities before submission to the Inquiring Authority.