Gowree Gokhale

Recently someone asked me about importance of memory for a lawyer. In that context, I wrote a piece. Sharing edited version for benefit of young lawyers.

Current and future realities:

· Information is available on fingertips. Clients have access to same information as lawyers do;

· Clients may form an opinion on incomplete information and challenge you on that basis;

· As experts what we bring to the table is insight based on our training, reading and experience of handling variety of client matters. Let’s not however forget that artificial intelligence is here. The machine will connect the dots faster than humans and provide insight or solution to a given problem.

Till such time AI takes us over, our own AI has to work ! For that data gathering, retention and connecting the dots has to be of top quality.

Constantly reading laws, case laws as also laws in other jurisdiction is a must as a data gathering process. This helps in developing analytical skills. Unless this data is retained, one will not be able to connect the dots. Hence, memory becomes important. Merely having access to laws, will not give anyone the ability to connect the dots.

Why am I emphasizing on connecting the dots? Today, each issue is getting complex, it is not a linear world anymore. 360 degree view is required for such issues. In the absence of good memory, the ability spot issues and provide quick solutions will get limited. One may have access to information, but if one doesn’t know what and where to access, such access has no relevance.

When you have gathered data and stored it in logical manner, random access memory works automatically. At later point in time, you just ‘know’ things by intuition. That intuition works because, you start thinking at subconscious level, without realizing it. Due to exposure of plethora of legal knowledge, you develop your own logic, which in most cases takes you to accurate or very close legal position. I know all this may sound too complex, but believe me it works.

Now let us discuss about memory. Some people are blessed with elephant’s memory on every aspect. Some are blessed with elephant’s memory on only some aspects. Some have very good photographic memory. Others may have varying degree of memory. (Let me clarify that mere memory without insight into what you remember is not that beneficial.)

So if one is not so blessed with memory, can someone work on it ? In my view yes. Some ideas based on personal experience and what I see around:

· If you write things by hand, your ability to remember things is likely to be higher. More so if you have written things with diagrams, charts, making connection between various points etc. When I take notes during client meetings or internal discussions, I rarely go back to my notes. I automatically remember everything I have written. During law school, I had worked to enhance on my photographic memory.

· Try to revise the crux / take away after any reading/ training. E.g. after every training session, when I step out, I ask myself what was in this for you of relevance and where will you use it ? Invariably I get an answer. That helps me to access this information randomly at much later point in time.

· Stay with what you have read … e.g. during travel, you may try to revisit what you have read and its implications in various situations.

· I understand that some members may be writing notes while doing research. Try to go back to your notes, flash cards randomly, once in a while. It will refresh your memory.

· Discuss what you have read with your colleagues. Any issue that is discussed threadbare remains with you.

· As you keep reading and assimilating more and more things, the power of the brain automatically expands.

Last but not the least, eat almonds as our elders say J. My husband eats almonds everyday but forgets where he has kept important papers. I find them for him by sheer intuition…

When AI takes over then what ….? That discussion for another time …

Gowree Gokhale

Mumbai, Maharashtra, India 7K followers 500+ connections

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Nishith Desai Associates

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Bombay Incorporated Law Society

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