Lesser number of Lawyers Joining Ligitation Practice, from NLUs

Reason behind establishing National Law Universities (NLUs) was to improve quality of the Bar and the Bench, and produce better Lawyers and Judges.

Since governments are not funding NLUs, they largely act as self-financing institutions, charging a high fee.

A majority of students take up loans, and join corporate firms to pay them back as senior lawyers are not coming forward to make attractive payments to Junior Lawyers who join them. Their own fees are high but they are stingy when it comes to paying Juniors.

Mr. Faizan Mustafa, VC of National Academy of Legal Studies and Research (Nalsar) and president of Consortium of National Law Universities, which conducts the common aptitude test & responsible for improving standards of legal education in India, talks.

Source: Https://timesofindia.indiatimes.com/blogs/the-interviews-blog/most-law-graduates-skipping-litigation-due-to-high-nlu-fees-senior-lawyers-are-stingy-when-it-comes-to-paying-juniors/

Recommend Reading - Interview of a young lawyer

Recommended reading :
Interview of the young lawyer,
Rohan Bishayee, Legal Advisor, DFDL, on building his career in Corporate Law and work experience in South East Asia.

"To be brutally honest, Corporate Law was more of a convenience than a choice. Belonging to a family with no legal background or connections in the legal fraternity, Corporate Law provided me the stepping stone to a successful career in law. My seniors and professors from college were instrumental in steering me towards a career in Corporate Law. I received encouragement and direction from a close friend and confidant from law school, Debottam Chattopadhyay, Associate, Phoenix Legal, when it came to career choices.

Looking at the Indian market, courses on Competition Law, Capital Markets and Finance would give students ground level knowledge of the legal structure. From a global perspective, courses which give an insight on projects, energy and infrastructure related laws would hold students in good stead. I would advise students to make well informed choices based on their area of interest. The first and foremost aspect which a student should take care of is deciding an area of interest. Once that step is complete, it becomes easier to work towards making a career out of that interest area."

Further reading :

https://superlawyer.in/rohan-bishayee-associate-dfdl-mekong-building-his-career-corporate-law-work-experience-in-magic-circle-law-firm/

My Quora Answer to : Can an IA be filed while a court case is under CAV (i.e., judgement reserved)

My Quora Answer to : 

Can an IA be filed while a court case is under CAV (i.e., judgement reserved)

If only absolutely necessary, and is inevitable.

An Interim Application can be filed, when the case is reserved for passing Judgement, provided it is not amounting to abuse of process of the Court, and it is in the interest of justice.

Supreme Court J. P. Sathasivam, Jagdish Singh Khehar, have opined in their judgment in “M/S Bagai Construction Tr.Prop vs M/S Gupta Building Material Store on 22 February, 2013”:

“19. We may add a word of caution. The power under Section 151 or Order 18 Rule 17 of the Code is not intended to be used routinely, merely for the asking. If so used, it will defeat the very purpose of various amendments to the Code to expedite trials. But where the application is found to be bona fide and where the additional evidence, oral or documentary, will assist the court to clarify the evidence on the issues and will assist in rendering justice, and the court is satisfied that non-production earlier was for valid and sufficient reasons, the court may exercise its discretion to recall the witnesses or permit the fresh evidence. But if it does so, it should ensure that the process does not become a protracting tactic. The court should firstly award appropriate costs to the other party to compensate for the delay. Secondly, the court should take up and complete the case within a fixed time schedule so that the delay is avoided. Thirdly, if the application is found to be mischievous, or frivolous, or to cover up negligence or lacunae, it should be rejected with heavy costs.

12) After change of various provisions by way of amendment in the CPC, it is desirable that the recording of evidence should be continuous and followed by arguments and decision thereon within a reasonable time. This Court has repeatedly held that courts should constantly endeavour to follow such a time schedule. If the same is not followed, the purpose of amending several provisions in the Code would get defeated. In fact, applications for adjournments, reopening and recalling are interim measures, could be as far as possible avoided and only in compelling and acceptable reasons, those applications are to be considered. We are satisfied that the plaintiff has filed those two applications before the trial Court in order to overcome the lacunae in the plaint, pleadings and evidence. It is not the case of the plaintiff that it was not given adequate opportunity. In fact, the materials placed show that the plaintiff has filed both the applications after more than sufficient opportunity had been granted to it to prove its case. During the entire trial, those documents have remained in exclusive possession of the plaintiff, still plaintiff has not placed those bills on record. It further shows that final arguments were heard on number of times and judgment was reserved and only thereafter, in order to improve its case, the plaintiff came forward with such an application to avoid the final judgment against it. Such course is not permissible even with the aid of Section 151 CPC.[1]

Also, Karnataka HC - J. N Jain, V Sabhahit in “Rabiya Bi Kassim M. vs The Country Wide Consumer ... on 5 April, 2004” reported at ILR 2004 KAR 2215, and 2004 (4) KarLJ 189:

Even if we assume it for the sake of argument without accepting, in view of the amendment in CPC, as we find, the law relating to procedure in suits and civil proceedings are governed by CPC, The CPC has been amended from time to time.

Recently also, in order to cut short the delays at various levels in disposal of civil cases, CPC was amended by the Amendment Act of 1999 with effect from 1.7.2002.

In the facts of the given case, sufficient opportunity was given to the plaintiff to complete his evidence, but he has not availed the opportunity at appropriate time and thereafter his evidence was closed. The case was fixed for defendant's evidence and ultimately the case was heard and reserved for judgment on 20.6.2001.

In our view, if the matter is reserved for pronouncement of judgment, such an application is not maintainable as otherwise it will defeat the very object of amendment in speedy disposal of the cases.[2]

It is seen by all, and also observed by the Courts that one of the major causes of delay in decision of suit, is the practice of seeking and granting time, delaying in filing of written statements and objections, filing excessive number of Interim Applications, delaying leading of evidence, and seeking adjournments for frivolous reasons.

The Supreme Court in ARJUN SINGH v. MOHINDRA KUMAR, has held that once the matter has been finally heard and posted for judgment, the Court has only to pronouncement the judgment.

After the deletion of the Clause (4) of Order 18 Rule 2

it clearly shows that it is not the intention of the Legislature to permit filing of the interlocutory application, even after the arguments are heard and the matter is reserved for pronouncement of judgment, and therefore, such interlocutory applications cannot be entertained..[3]

Footnotes

[1] M/S Bagai Construction Tr.Prop vs M/S Gupta Building Material Store on 22 February, 2013

[2] Rabiya Bi Kassim M. vs The Country Wide Consumer ... on 5 April, 2004

[3] Arjun Singh vs Mohindra Kumar & Ors on 13 December, 1963

Court Practice or Corporate Jobs....

Law students seem to be having a gradual change of mind and heart, which is good given the shortage of lawyers in the country. Students are slowly realizing that litigation is more gratifying both personally and professionally.

Bruinda Rao (28) graduated from the premier National Law School of India University in 2011 and bagged a job with a reputed law firm in Bengaluru. A year later, she made it to the prestigious Oxford University to pursue civil law. Bruinda came back in 2013 to take up litigation, and now practises at the Karnataka high court. "I have a greater sense of satisfaction today, much more than I got from a fat paycheque," she said.


Bruinda represents the new tribe of law students who take the corporate plunge after getting their law degrees but are quick to get back to their passion — litigation.

NLSIU vice-chancellor Prof R Venkata Rao said: "There is a belief that brilliant students choose lucrative corporate jobs over litigation. Five years ago, this was the truth but today the scenario has changed. Now, psychological satisfaction takes precedence over monitory bliss. Earlier, in a given batch of 75 students, the majority opted for corporate jobs. Today, at least 25 pick careers in litigation, join NGOs or human rights groups."

Last year, five of NLSIU alumnus were designated as senior judges at the district court as well as the high court. The public prosecutor in the Nirbhaya case is also an NLSIU alumnus, Rao stated.

Echoing Prof Rao's views, Sajan Poovayya, senior advocate at the Supreme Court and former additonal advocate general of Karnataka said: "The trend seems to have changed as compared to 20 years ago. But even today, corporate jobs are preferred over litigation. However, law students seem to be having a gradual change of mind and heart, which is good given the shortage of lawyers in the country. Students are slowly realizing that litigation is more gratifying both personally and professionally. The payscales in ligitation may not match those in the corporate sector, but the satisfaction one gets is something that money can't buy.''

At University Law College, more than 80% of the students go in for litigation, out of which over 40% are from a rural background. "We encourage our students to opt for litigation as there is a dearth of good advocates. Former Chief Justice of India MN Rao Venkatachaliah and former Justice of the Supreme Court are students of University Law College. While the salaries and the struggle period may deter some from pursuing litigation, those who are passionate about it go ahead nevertheless,"said Dr Suresh V Nadagoudar, principal.

Experts believe that paycales have improved in litigation. "Our college witnesses an equal number of students opting for litigation and corporate jobs. While those into co-curricular activities join the corporate sector, those who have connections in litigation often choose the bar," said prof Sreenidhi KR from CMR Law School.

TAKING HEADS

"Almost 60% of our students pursue careers in litigation, 20% join corporate firms and the remaining opt for higher education in foreign universities. But those who land corporate offers seem to get bored within 2-3 years. This is mainly because of job and psychological dissatisfaction." - A G Asha, principal, Seshadripuram Law College

"Students with a lawyer in the family or contacts in litigation find it easier to establish their careers while others may have to struggle. But today, we are seeing almost the same number of students opting for corporate jobs and and litigation." - Dr Seema Surendran, principal, BMS College of Law

"While most students choose corporate jobs, we also have an increasing number of girls interested in litigation, especially when it comes to anti-human trafficking. We also get some prominent lawyers to talk to students about litigation being a prospective career path." - AP Porkodi, Principal, Bishop Cotton Women's Christian Law College.




Source -Times of India

Law ministry lists ways to reduce backlog - A Rehash of the same old Story?

Seems like an Old Read....
Would have helped if the previous Governments had given it a serious thought to Ramp up the Justice Delivery System in India.

From the Times of India dated:Jan 29, 2015, 06.47 AM IST

The law ministry has drawn up a list of good practices followed by some of the high courts (HC) and circulated them recently to chief justices of all HCs to implement the same as part of a common action plan to bring down pendency of cases, particularly those which are older than five years.

Setting up fast track courts, designating a special day in a week for disposal of older cases and adopting a case flow management system are some of the measures the Centre has suggested to all chief justices of high courts to be adopted for reducing pendency.

The government has also highlighted best innovative initiatives undertaken in many other countries to address the backlog. Encouraging pre-trial proceedings by several countries prior to commencement of the trial, court performance measurement and monitoring and mandatory prior notice in civil cases are some of the initiatives suggested.

In the pre-trial proceedings, followed in some countries, a meeting is arranged in chambers between judge, counsel for accused, and the prosecution and specific issues of trial are narrowed down in order to save time.

Regular assessment and monitoring of performance of courts is an effective way to bring about improved efficiency, transparency and accountability in judicial system. The law ministry suggests this could be done by introducing measurement indicators based on globally accepted benchmarks such as leadership and management, court planning and policies, court resources, court proceedings and public trust and confidence.

The government has also suggested mandatory prior notice in civil cases that would help in speedy trials. For this it has mooted a provision similar to section 80 of the Civil Procedure Code (CPC) for all categories of civil cases.

Section 80 of the CPC requires that a litigant must give two months' notice to the concerned party. The government thinks introducing this guideline by the court would help in curtailing unnecessary litigation.

Among the good practices followed by some of the HCs, the Allahabad HC has come in for praise for organizing Lok Adalats regularly during weekends. More than 3.22 lakh cases have been settled in 766 Lok Adalats in the state during March-June 2014. The largest HC in the country has also set up 171 reconciliation and mediation centres in districts with the help of the state government.

These mediation centres have settlement rates of 26%. The HC has also proposed to set up 81 fast track courts for trial of rape cases.

Gujarat National Law University to hold seminar on global arbitration - TOI news

In a unique endeavour, the Gujarat National Law University ( GNLU) is organizing a two-day seminar on international arbitration law starting from March 28. 

Being organized in collaboration with the International Chambers of Commerce (ICC), Paris; the London Court of International Arbitration (LCIA); Singapore International Arbitration Centre (SIAC), Singapore; and Amarchand & Mangaldas & Suresh A Shroff & Co (AMSS), the seminar has 'Changing Face of Arbitration in India' as the central theme. 

Legal practitioners and academicians will come together in a lecture series and throw light on the different facets of international arbitration law namely international commercial, maritime and investment treaty arbitration. Some of the biggest names in the field of arbitration, including former Chief Justice of India A M Ahmadi, additional solicitor general of India Gourab Banerjee, deputy counsel at ICC Paris Abhinav Bhushan and Tejas Karia of AMSS will be addressing the seminar. 

The first panel discussion will see official representatives from the ICC, LCIA and SIAC discuss the benefits of institutional arbitration over ad-hoc arbitration and best practices in the context of institutional arbitration. In the second panel discussion, scholars, practitioners, experts, users and arbitration enthusiasts will deliberate on how to make India a better seat of arbitration.

Source - timesofindia.indiatimes.com/city/ahmedabad/Gujarat-National-Law-University-to-hold-seminar-on-global-arbitration/articleshow/32036248.cms

Powers of Law Commissions - The Hindu

The Law Commission of India



As we get closer to the great grand election, there is much talk about the enforcement of the moral code of conduct across the country. It is a sad reality that in a country with a rich history and heritage, the politicians and leaders need to be reminded about the etiquettes of public speaking. The seat of judiciary in New Delhi, the Supreme Court on Thursday asked the Law Commission to look into the issue of hate speeches made by leaders of political, social and religious outfits and consider framing guidelines to regulate provocative statements. This week, freewheeling will focus on the Law Commission. 

Law Commission of India is an executive body consisting of legal experts established by the Central Government whose major function is to work for legal reform. More than a dozen research personnel work for this organisation. The administrative side is taken care of by the secretarial staff.

From the 1830s , Law Commissions have been constituted from time to time to recommend reforms to clarify on particular branches of law. The first law commission was established in 1834 under Lord Macaulay. The second, third, fourth Law commissions were constituted in 1853, 1861 and 1879 respectively. These Law commissions have played a great role in enriching the Indian Statute Book. The Indian Code of Civil Procedure and the Transfer of Property Act are products of the labour of the first four Law Commissions.

The first Law commission of independent India was established in 1955 with Setalvad as Chairman. As of today, there have been 20 Law Commissions, each with a term of three years. The present Law Commission (the twentieth) came into effect from September 1, 2012 and its term ends on August 31, 2015.

Areas of work 

The Law Commissions identify laws which are no longer relevant, not in harmony with the existing climate, and laws which require change. It also suggests suitable measures for quick redressal of citizens’ grievances, in the field of law. Law Commission takes all necessary steps to make the poor benefit out of the legal process. These are just a few of the many things that the law commission does. Apart from examining the laws for promoting gender equality and suggesting amendments, it also recommends revision in the central acts.

The Ministry of Law in consultation with the concerned administrative ministries considers the reports of the law commissions and submits it to the Parliament. Subsequently, they are acted upon by government departments concerned.

From - Powers of Law Commissions - The Hindu

Law Commission to propose changes to Arbitration Act - From The Hindu

The Law Commission will submit a proposal for amendments to the Arbitration and Conciliation Act, 1996, to strengthen the arbitration system to settle disputes.

“The submission before the Law Ministry is likely by the end of April,” said AP Shah, Chairperson, Law Commission of India.

Arbitration is out-of-court dispute resolution. The procedure is simpler than the rigour observed in courts but the “award” by the arbitrator is legally binding. Speaking at a conference organised by The Nani Palkhivala Arbitration Centre here, he said the changes to the Act are aimed at a harmonious relationship between courts and the arbitration system. “Courts must be partners, not supervisors,” he said.

However, the proceedings of certain arbitrations seem questionable. He cited an instance of the Delhi High Court dismantling two arbitrations on the grounds of undue delay and complaint by the parties of excessive fees.

The amendments will help bolster the credibility of arbitration and fortify the process against interference by courts. There are provisions to look at enlarging the scope of cases that can be referred to arbitrators and non-appointment of arbitrators related in any way to parties in contention. A list of cases in which an arbitrator should not judge and proposals to regulate delay are also among the recommendations.

“After two years of proceedings, the parties may extend, but once 30 months get over, the court may intervene,” he said.

Source - http://www.thehindubusinessline.com/news/states/law-commission-to-propose-changes-to-arbitration-act-soon/article5792501.ece

Speakers for the National Law Day 2013

The Speakers at National Law Day 2013 include..

Dr. Subhash C Kashyap Dr. Subhash C. Kashyap (born 10 May 1929) is a former Secretary-General of 7th Lok Sabha, 8th Lok Sabha and 9th Lok Sabha and Lok Sabha Secretariat (Lower House of Parliament of India) from 1984 to 1990. He is well known Political Scientist, expert in Indian Constitution, Constitutional Law, Parliamentary Experts and distinguished scholar.  Ram Jethmalani Ram Jethmalani is an Indian lawyer and politician. He has served in various posts such as Union Law Minister and Chairman of Bar Associations. Ram Jethmalani is known as a legal personality. He completed his law at an early age of 18. He was elected a member of parliament in 6th and 7th Lok Sabha Dr. Daggubati Purandareswari Dr. Daggubati Purandareswari was first elected to the 14th Lok Sabha from Bapatla parliamentary constituency in Andhra Pradesh in 2004 and successfully completed her full term. Subsequently, she contested the general elections of 2009 from Visakhapatnam parliamentary constituency and became victorious with huge majority of votes. From the very initial year she proved to be an effective Nirmala Samant Former Mayor of Mumbai, Nirmala Samant Prabhavalkar is a High Court Advocate, member of India’s National Commission for Women (NCW) and former Chairperson of Maharashtra State Women’s Commission.  Her focus lies in implementing Government Schemes specially formulated for Women and Children in India. Her efforts and contributions for empowering women have an endless list.  Bisheshwar Prasad Singh Honourable Shri Bisheshwar Prasad Singh was appointed as the Chief Justice of Bombay High Court on 31st March 2000. His Lordship was born on 9th July 1942. Studied at St. Xavier’s School, Patna and St. Columbia’s School, New Delhi. Passed his Senior Cambridge Examination in 1958 in 1st Division. Studied at Hindu College Delhi University.  Mahesh Jethmalani Shri Mahesh Jethmalani is a Senior Advocate at Bombay High Court, He completed his Bachelor of Arts from St. Xavier’s College, Mumbai and his Master of Arts from Oxford University. Mr. Jethmalani has appeared in several important cases before Bombay High Court and Supreme Court of India. He has represented the Birla family in the Priyamvada Birla case. He also appeared for Anil Ambani in the Reliance Case.

Word of Mouth Referrals - Advice by David M. Ward

David M. Ward Esq. has this to say on Word of Mouth Referrals for Lawyers:

I saw a movie last weekend about an ethnic restaurant on the brink of bankruptcy. The manager met a quirky man, driving a taxi, who claimed to have been a great chef in the old country. Desperate to turn things around, he hired the man and crossed his fingers.

Turns out the chef really was good and business started to pick up.

One customer, an older woman, told the manager she loved the food and

would tell everyone about the restaurant. Her husband added, “. . .and she

knows everyone”.

Apparently, the woman did know everyone because the restaurant suddenly

got very busy. When a food critic gave the place a glowing review, there

were lines around the block, two hours before the place opened.

The woman was a connector. She was influential. And because she knew

a lot of other influential people, if she thought you were good, the world

would quickly hear about it.

What if you had a client like that, a connector who really loved what you

did for them? Before you knew it, word of mouth referrals would bring you

a waiting room full of new clients.

The thing is, people don’t wear a sign to identify themselves as a connector.

It could be anyone. It could be that unassuming older lady sitting in your

waiting room right now. If she likes you, your practice is made.

Okay, you may never have a client like that. Or, you may have someone

next week. So you do a great job for everyone, because you never know

who they are.

Yes, I know you would do that anyway. Because it’s the right thing to do

and because it’s who you are. You don’t treat big shots any differently

than regular folks.

Here’s the thing. Regular folks can also bring you a lot of business. They

may not be connectors who can tell the world about you, but they can refer

you a new client, and that client can do the same.

I often took small, unprofitable cases. I didn’t make any money on those

cases but my business model was based on serving clients, it was not

based on the viability of any one case. I helped my clients with small cases

and they came back with big ones.

In a sense, every client is a connector. You may never get a five star review,

there may never be a two hour line to get into your waiting room, but treat

everyone right and you will have a never ending supply of new business.

David M. Ward

http://attorneymarketing.com

P.S. Get more word of mouth referrals:
http://attorneymarketingformula.com

Ram Jethmalani slams shameless IBNLive as "Bullshit"

"Who the hell is the press to decide a person is guilty or not ? It will be the saddest day when lawyers decide not to represent a accused person, and pre-decide his guilt. That will be against the spirit of the Rule of Law. The Courts will decide the guilt, not the Press, not the Editor, or any person who runs a Television channel." 

I will not allow the Press to control my life, and my profession. You are nobody to comment. All this bullshit will not convince me at all. My conscience is my conscience, the Court will decide. You are not Judges of this country nor are you the Gods. You are overstepping your limits." 

- the invincible Adv Ram Jethmalani

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

  Talented young lawyers should not leave Court practice and should strengthen the Judiciary? By : Durga Rao

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... ??

17th Commonwealth Law Conference is held in Hyderabad on 5 February 2011

The 17th Commonwealth Law Conference will kick off in Hyderabad, India on the 5th February 2011. The duration of the conference will be five days.

Some of the best minds in the legal industry will meet here. It is expected that a total of more than 1,000 lawyers, legal academics and judges will attend this conference to debate and discuss cutting edge developments in their field. They will also get the opportunity to acquaint themselves with the latest commercial services and products available to the industry.

The theme of this year’s conference is "Emerging Economies and the Rule of Law: Challenges and Opportunities". The long list of discussions include interesting subjects such as the rule of law as it relates to human rights, commercial and corporate law and the judicial and legal professions.

A few keynote speakers include: Lord Lester of Herne Hill, QC, a specialist in public law and human rights; Justice B.Sudershan Reddy, an Indian Supreme Court Judge; Mr Kamalesh Sharma – the Secretary General of the Commonwealth; and Chief Justice Iftikhar Muhammad Chaudhry, Chief Justice of Pakistan.

"The 2011 conference will address some highly topical issues and the discussions are sure to be lively and though provoking,” said Lek Boonlert, Head of Marketing at DirectRooms.

Guest staying at Hyderabad hotels can still qualify for a substantial discount on the normal registration fee of $1,700. If they register before 26th January 2011, they will pay only US$1,480. Those who register after this date will have to pay the full registration fee.

Those who are interested in attending this conference can contact the Secretariat at Tel: +41-22-5330-948 or email cla@commonwealthlaw2011.org. 

Source - http://www.webwire.com/ViewPressRel.asp?aId=130603

Online Introductory Course in Ecommerce Law - Asian School of Cyber Laws

Course name:	Online Introductory Course in Ecommerce Law
Conducted by:	Asian School of Cyber Laws
Course starts:	1 Aug 2010
Course ends:	30 Sep 2010

Online Regiistration Form Available here - http://www.asclonline.com/oic/ecom/index.html


Contact

• Asian School of Cyber Laws,
  6th Floor, Pride Senate,
  Opp Sigma House,
  Senapati Bapat Road,
  Pune - 411016.
  India

My Advice to young entrants/junior advocates in legal profession – an insight - Sri. V. Durga Rao

Sri. V. Durga Rao is a practicing Advocate of Madras High Court, write books and articles concentrating on Company Law in India. M/s Durga Rao & Associates, Attorneys & Solicitors, 3/1, 4th Street, Ist Floor, Venkateswara Nagar, Adayar, Chennai

My Advice to young entrants/junior advocates in legal profession


I have been seeing the young entrants in legal profession and the problems being faced by them. With my own personal experience and the experience in legal profession, I have decided to write something useful for the young entrants in legal profession. We can not see all the young entrants in legal profession at par as few are privileged. I am not referring to the law graduates of prestigious law schools in India like National Law Schools, Nalsar University etc. Law graduates of prestigious law schools will very easily get into big law firms and many pursue their masters from prestigious universities abroad.

Barring the prestigious law schools in India and few other colleges, I do not have good opinion at the way in which the legal education is being imparted in India. It is very unfortunate to see the way in which the law colleges are functioning in India and no serious effort is being made by the authorities concerned in most of the colleges towards imparting quality education. As a result and for the other reasons, quality has taken a back seat in legal education and profession; and the dignity of the legal profession is in serious trouble now. Dealing with the systematic failures and the reforms required, is a complicated exercise and I do not want to go into the problems and the required reforms in this Article. 

We can not gain anything by hiding and the public are observing the way in which the legal professionals are rendering their service and we all know about the public perception too. I have seen the young entrants in legal profession who can not even write a simple adjournment petition and can not make a simple submission to the Court without any mistake. I have seen the people who laugh at the fellow professionals and it really pains me. 

Before making my point and giving my small advice to the young entrants in the legal profession, we need to categorize the students who join law and in my opinion, those are as follows:

1.    There are students who join Law College just for the sake of getting a law degree with a belief that it will give some respect to them in the society.

2.    There are students who join Law College with the intention that it can be useful for them in their business and daily life though they have no intention to come to legal profession and practice.

3.    There are students who join Law College for passing time as there is no age limit for pursuing a law degree.

4.    There are students who join Law College with the intention that a law degree can be an additional qualification for them adding value to their other degrees or qualifications.

5.    There are students who join Law College with the intention of joining some company or law firm after completion of their degree.

6.    There are few students who join law with the passion and with the intention to pursue their career in legal profession.

I want to lay my focus on the 6^th category of students. Before going to give my advice and insight to the young entrants to the legal profession, I want to deal with the problems in legal profession and few problems are as follows:

         

         1. One may need some kind of reference to get into the chambers of a reputed Senior Advocate.

        

         2. One may choose to join as a junior advocate or counsel, as referred in the profession, with some established practitioner in legal profession.

         

         3. During initial days, it will be really tough to get a good remuneration and many may not be able to get remuneration from their office even for survival. I have decided to refer the money being received from the senior’s office as remuneration though the practice with the chambers of senior advocate initially is in the nature of apprenticeship.

         

         4. Many Senior Advocates or the practitioners may not be able to guide their junior advocates and there can be justification for that too.

         

         5. A young entrant to the legal profession may find it very difficult to adjust in the senior’s office and adjust with the senior colleagues in the office at times.  

        

          6. It is true that certain issues are to be learned in the legal profession practically despite having strong theoretical knowledge and other qualities. As such, every young legal professional may have to spend few months or few years to feel free about the Court system and to come to a position to handle his brief independently.

         

          7. The way in which a young advocate dresses, the way in which he makes his submissions in court and the way in which the young advocate behaves in Court etc. matters in legal profession. One should be careful about all these issues and these issues can be learned very easily with interest in profession and interest is the key.

            

          8. After few months or few years of practice with the Chambers of Senior Advocate, one should have good public relations and should be able to gain the confidence of the people prompting them to engage his services in the profession.

         

           9. The young entrant may get his own brief while he work in some Senior’s office and some may not be able to handle their brief independently while they work in some office.

        

           10. Many young entrants to legal profession start their own practice after few months or few years of their apprenticeship with the senior’s office. As I feel, many young lawyers start their own independent practice without much brief initially and they may have to travel in an unexplored path and with the belief that they will shine in the profession someday.

         

           11. In some cases, it will be very easy to get into legal profession where his/her father or relatives are established practitioners or some Senior Advocate has chosen to refer to the brief.

         

           12. Normally, it will take few years for a legal profession to establish himself.

         

           13. Few young entrants may get vexed with the system and as a result they abandon their desire to pursue their career in legal profession and may prefer to change their profession or may join some company as a legal manager etc.

         

           When I was a law student, I have heard from my lecturers about initial days of a legal professional. My lecturers have said that a legal profession has to pass through three important stages like:

1.    During first or initial stage, a legal professional may have to work very hard and there will be lot of work though there may not be corresponding revenue or income.

2.    During the second stage, a legal professional may have some work and may be able to make some money too for survival etc.

3.    During the final stage, a legal professional may not have much work, but, he will be making lot of money and there will be very good revenue or income.

With my experience in legal profession, I find that what my lecturers have said while I was in college is true.

I strongly believe that legal profession is one of the finest and toughest professions in the world. It requires lot of courage to stand in legal profession and to become successful and its true. 

Now, I want to give my little advice and insight to the young entrants in legal profession. Ones financial and other background may not be relevant for other professionals or when one opts to join in some company after attending the regular interview. But, it is not the case with the legal profession as I feel. I want to categorize the young entrants into three like:

1.    Young entrants with notable legacy in the profession.

2.    Young entrants who are privileged to spend considerable time in the senior’s office without any remuneration.

3.    Young entrants who have the desire to stand in profession and who should also make money for their survival and discharge their family responsibilities.

I have decided to render my advice to the 3^rd category of students and my advice and insight for them is as follows:

1. You can not expect respect from your senior, colleagues and from the presiding officers in the Court, unless you possess good amount knowledge and other qualities.

2. The young and entrant in the profession should work very hard initially and should have so much enthusiasm to learn everything he can. He should focus only on his work and his responsibilities. He must be always hungry to learn new things and work very hard. This is the first quality required for an young entrant in legal profession to stand and to be successful thereafter.

3. The young advocates should try to go to all forums and try to concentrate on all types of cases. The young advocate should also lay so much emphasis on English language both written and spoken. The command in English language is very important in legal profession and at times it becomes the line between success and failure in profession. 

4. With hard work, dedication and enthusiasm, a young advocate should be able to learn all the basics within few months. When you are qualified to handle the clients and brief independently, then, you will be respected in your senior’s office and you will also be paid well and its true. There is so much demand for young legal professionals with standards in profession and it is really true.

5. The young professional should focus on his individual personality from the beginning and he should understand that the manner in which he dresses, he addresses the court, he behaves and all his activities matters in construing his individual personality.

6. The young legal professional should be prepared to work very hard for few years in profession if he wants to stand in the legal profession.

7. Apart from the concentration on routine work in courts and the required regular learning, a young entrant should also focus on his public contacts and should be very good in communication and especially communication with the public.

8. Young entrant may not be able to establish his own practice soon unless he mingles with the society well and develops a goodwill among his friends, relatives and other contacts.

9. There will be competition in the legal profession and few of his own colleagues and even senior advocates may be jealous about the growth and one should be able to handle all this.

10. It is normally seen that the word ‘senior advocate’ goes with the age of a legal professional and I completely disagree with that. Seniority is to be construed from the angle as to how a legal professional has experienced things in profession and his ability to imagine the things not seen.

11. When a young advocate establishes his own office and goes to court regularly with his own brief, then, he will look different in the Court as majority of the independent practitioners are of aged and it is very rare to see young professionals start their own independent practice. The situation in lower courts and practice before magistrate courts may be bit different.

12. Young independent practitioner may even face the jealousy from the senior advocates and they try to bully you in courts and you must be strong enough to face all this silly issues in legal profession. These are all the facts and can not be forgotten.

13. It will be a different experience to start an independent office in legal profession and be independent. During the initial days of practice, a young advocate tends to know about the clients, their behavior, how to respond, how to manage office etc. and it will take some time.

14. One has to cross all this stages before being established practitioner in legal profession and successful thereafter.

Note: the views expressed are my personal and many may differ with me.


Source - http://durgaraovanayam.blogspot.com