Friday, February 11, 2011

Question Young Lawyers in India face - To continue or not, in Law Practice

When I was a student of law, I was privileged to see enthusiastic young students discussing many constitutional issues, peculiar cases and even discussing interesting issues of International Law.  There was no doubt in my mind at that time that these young students would become famous lawyers in the near future to come.  But, when I look back now at all those talented students graduated from law school, I did find that these young students embrace the opportunities in Corporate World and they preferred working in Companies or MNC’s rather Court practice.  Even in the profession, I find young lawyers being impatient at the difficulties in legal profession during initial period and they hesitate to wait and stay in the profession. This is not good for judiciary and also the society at large. Even the young legal professionals having some legacy and privilege are choosing to quit profession so early. There can be few exceptions. If the talented young legal professionals stay in profession with passion and persistence, then, they can become judges or they can become reputed lawyers in the near future. As such, the issue of talent retention has the direct link to the standards in legal profession and also the Judiciary. I see many law graduates practicing in Courts and they say that they have no option except to stay in profession and I am not insulting any one or my colleagues, but, this is the factual position now.  We know the issues of corruption, the technicalities, how the panel advocates are appointed in Public Financial Institutions and PSU’s and how the Government Advocates and Central Government Standing Counsel are appointed. As such, the possible avenues for a young legal practitioner without any legacy is that he should catch the eye of litigants or the public while he works with some senior or in some office. Even a young lawyer practicing in some office is not allowed to handle his cases independently at times and there exist complications in the Course.  Thus, if a young lawyer without any legacy or financial support chooses to stay in court practice and is enthusiastic to become a prominent lawyer one-day, he may have to analyze all the difficulties in the profession so quickly and should find a way-out.  Normally, litigants or public will not prefer to get the services of a young lawyer and they look at the so-called experience and they will give priority to the ‘seniority’ and they want to engage a ‘senior advocate’. The exception to the said situation is that the young lawyers are preferred to file Bail Applications and to file and defend Criminal Cases. Otherwise, a young lawyer is preferred upon ‘cost’ considerations. With all these issues, even if a fresh law graduate is enthusiastic and intelligent, due to his personal responsibilities and the difficulties, may not choose to struggle in the legal profession and instead, he may prefer for better opportunities in Corporate World. Corporate World presents many opportunities today for the bright and right people and as such many young law graduates or legal professionals try to embrace prosperous opportunities rather preferring Court practice. 
 
As such, there can be a justification for the law graduates who are not privileged in embracing the opportunities in the Corporate World. If we need to convince these people to stay in profession for public interest and for strengthening the judiciary, then, the atmosphere in the profession should be convincing for them and making the atmosphere convincing will definitely take lot of time. But, change will certainly come at one point of time in future. If we don’t retain talented young law graduates, then, whom do people or needy approach for the remedy or for protection of their Fundamental Rights through Courts. Who will compete to get appointed as judge? Who will get appointed to the post of judge of Constitutional Courts?. The consequence of this situation is not certainly good for the people, system and also for the Judiciary and it is important to keep the respect of the judiciary intact and the legacy should be continued. 
 
In many other cases, though the fresh law gradates do possess all the moral and financial support to stay in Court Practice, even then, they are not waiting in profession and they lack persistence in profession. This is the significant issue. The privileged should not leave Court practice though their style of functioning or the area of practice may differ. We need to continue having the presence of brilliant people in Courts and it will further strengthen the Judiciary and its respect.  In my opinion, though law schools today produce brilliant students, the presence of brilliance in profession is getting degraded and it should not happen. The perception in the minds of few that only bad people come to court with ulterior motives may not be right and there tend to be genuine grievances and for underprivileged, Courts are the only hope and we know the laudable pronouncements of Constitutional Courts in this Country under Article 226 and Article 32 of Constitution of India and in entertaining Public Interest Litigations despite the criticism that the Judiciary over-steps into the domain of executive at times. 
 
I hope that the presence of talented people in Courts continue, legacy of legal profession and Indian Judiciary continues. 
 
Note: the views expressed are my personal and with all respect to judges, courts, colleagues, senior advocates and the also the system. Have no intention to belittle the system or anyone. 
Source : http://durgaraovanayam.blogspot.com/2011/02/talented-young-legal-professionals.html,http://durgaraovanayam.blogspot.com/2011/02/talented-young-legal-professionals.html                                                                                                                                                               

My Comment :-
 
True, the Judiciary depends on the young lawyers staying and continuing in Practice. But of late the enrollment rate has come down, and with that the morale of the young lawyers, considering the treatment meted to them in the Courts and out of the Courts, by the judges, senior lawyers, colleagues, and clients. What was once a Noble profession, has now been reduced to "dog eat dog" disparity. Senior lawyers want to benefit from the services of the junior lawyers, for nil or meager payment. Stipend facility of the Govt is only for the limited few, and the Bar Council does nothing to impart continued Legal Education to the young lawyers. Most of the clever clients take these willing juniors for a ride. Continuous News Reports about the Corruption in the Judiciary, also has robbed the juniors of the faint hope of attaining the Judge position, that they nurtured from their Law COllege days. In this scenario, how can the system expect the oppressed to bear all this and grow ? What have the judiciary, the Bar COuncil and the senior lawyers done for the Junior Lawyers ? Without much income or prospects in the profession, how long can we expect the young lawyers to stay on... ??

3 comments:

Yogesh Naik said...

Chief Justice of India S H Kapadia on Saturday rued the fact that neither senior lawyers nor students of law take any real interest in their subject - law.

"Senior lawyers are not contributing to development of law, as they used to do in the past. Even young students do not take interest in this pursuit. Earlier in the Supreme Court, such students used to come, sit in courtrooms and take notes. But now they disappear in five minutes. They are more interested in transaction matters. There is nothing wrong in it. But how many can now argue on reasonableness?," said Justice Kapadia.

The CJI was speaking on 'Constitutional Morality' at the sixth Justice P D Desai Memorial Lecture organised by the Praleen Charitable Trust here.

Justice Kapadia advised students from various universities present at the function not to rely totally on information downloaded from internet. "Please do not go by guides and internet. You have to put in hard work. Money will not make you happy, but it's the learning that will," he said adding that the future generation of lawyers should be able to argue on doctrine of reasonableness and principles.

The CJI praised India for its vastness of opportunities by citing his own example as how he began his career as a peon in a Parsi trust and how he reached the top post of judiciary. "Ability may take you to the top, but you require character to remain on the top," he said advising young lawyers to maintain integrity in their profession.

http://articles.timesofindia.indiatimes.com/2011-03-13/ahmedabad/28685847_1_justice-kapadia-sc-judges-young-lawyers

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Mukta Bakshi said...

Hi,

Great Post!I appreciate your efforts. This blog is ever informative. Thanks....

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