Is there any true competition in legal profession in India?
Since I was a student of law, I was hearing from many legal professionals and the people in the society that it is very difficult to make money in legal profession and survival would be really difficult. I have started my little journey in legal profession without any reference and the legacy. I have seen many and observed many advocates before lower courts, High Court and various other forums. I have seen young and new entrants to the legal profession and at the same; I have seen and observed many Senior Advocates in Madras. I have also appeared in cases on my own before many forums in Madras. Though, a journey in legal profession without any reference, financial strength, legacy and the guidance of good senior advocates, is difficult, I could establish my own office in Madras soon and I would attribute this to the blessings of my parents who are hardworking and traveled in life only with belief that better days will come if we do our job. I don't believe in the word "achievement in life", because, human being has an unlimited desire and he keeps changing his plans and targets. Every successful person normally believe that he has a long way still to go.
I like my legal profession so much and I can not tolerate if my profession is being criticized by the people in this society. While the legal profession commands a great respect in the developed countries, the situation in India appears to be different. People are vexed at the legal system in India. Many believe that the legal system works for the rich and the people who could afford to engage noted lawyers. It is apparent and nobody can deny the fact the legal system in India require many reforms to regain its lost dignity. A true lawyer is an asset of the nation and I can validate my statement. A true legal professional keeps updating his knowledge and the happenings in the society and as such he would be first in the list of enlightened citizens in the country.
I hear from the people in the society and my fellow legal professionals that the competition in legal profession is more. But, I disagree with the notion that there is so much competition in the legal profession. Many refer competition in legal profession in the sense as to how the legal professionals try to grab the litigation and try to oppress other professional. It is not competition at all.
Competition in legal profession is to be understood as:
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"the matching presence and availability of competent lawyers in the profession and inflow of competent young lawyers in the profession on regular basis".
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Many would admit the fact that the presence of competent lawyers in the profession is very low. I have seen many young lawyers coming into profession and later opting for some other source of survival leaving the profession completely. It is true that the standards in the profession are being degraded day-by-day and as such a result many young entrants are facing so many difficulties to sustain in profession. There is so much demand for talented new entrants to the legal profession and even the initial remuneration is reasonable. While the few young legal professionals leave the profession thinking that they lack standards and it is difficult for them to survive in profession, few young legal professionals sustain in the profession though they lack the basic standards and this is where the problem lies now.
I have seen many young legal professionals with excellent standards, but, the atmosphere in legal profession is not conducive for them and as a result they are quick in taking a decision to join a corporate law firm as an in-house counsel or to work for a big company as legal manager and adviser etc. I get hurt when I see a talented young legal profession opts not to proceed in the profession as that will cause an irreparable loss to the legal profession and the system as a whole. The society requires legal help on regular basis and they require talented legal professionals.
There are many reasons as to why a young legal professional leave the profession. There are some inherent problems like:
1. There will be many family commitments and sheer pressure to make money forcing the young and talented lawyers to look for alternative.
2. Today, with the tremendous economic growth, a talented legal professional has plenty of opportunities in the corporate sector and many feel that they can not afford to take risk by staying in profession and waiting for the time to establish his own office and to make money and gain respect ultimately.
3. The lecturers in the law colleges and the Senior Advocates in the profession should play an important role in the decision making of a young legal professional. I don't think that these young lawyers are being encouraged to stay in profession.
4. If a young and talented lawyer able to survive in profession, then, he may have to face a surprising situation in profession where few presiding officers or judges ignore submissions of a young lawyer with an illogical notion. I have personally seen this. Irrespective of the substance in the submission, a Senior Advocate is patiently heard by judges, but, a young and talented lawyer is ignored very at times and the experience will be really humiliating unless one is mature to understand things and patient waiting for the right time.
5. I personally feel that the Senior Advocates and established practitioners have a big responsibility towards younger generation lawyers and they are supposed to encourage young legal professionals. But, the situation in the profession, as I have seen, is different. Oppression continues in legal profession too though we advocate the rights of the citizens like Right to Equality before the Courts and the Constitutional Courts.
6. Many dare not to challenge the unreasonable established and senior advocates in the profession thinking about their destiny and future in profession.
7. I have no hesitation to say the truth that I have personally seen the so-called successful legal practitioners who behave like a child rather an advocate with basic maturity. Some senior advocates always try to bully the young lawyers and they should be taught a lesson by the young, able and talented young lawyers. Younger generation is given so much importance world-over and especially in developed countries, but, the India is bit different barring certain sectors.
8. The advocates, who are supposed to fight for the right to competition, will try to avoid competition and the situation requires a change for the betterment of legal profession and its dignity.
9. If one observes the profession for some time and the proceeding before a Court, then, it is very easy to know that what I have opined is true.
I would like to give some excerpts of a press report summarizing the speech of Dr.Manmohan Singh on legal system in India and it is as follows:
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“Recalling the words of late President S Radhakrishnan that the country’s law colleges did not hold a place of high esteem either at home or abroad, Singh said, “As we introspect honestly, we must sadly accept that Dr. Radhakrisnan’s powerful yet poignant words may not be amenable to any radical restatement even today.”
Pointing out the shortcomings of legal education, he said, “The sad reality is that when we look for experts to head new law schools and new faculties, we have precious few to choose from.”
He said there was a need to provide more uniform, but calibrated and better salaries, accompanied by considerably improved terms of service. Noting that law libraries were too few and woefully stocked, he said latest tools of research should be provided to students, scholars and practitioners. “Law schools should be linked with the best sources of knowledge globally,” he said.
Dr. Singh said internship and post-degree placements should be regulated to match applicants and recipients appropriately.
“Today, some fortunate students who have the right contacts have the luxury of plenty in terms of options while several of their talented but less resourceful colleagues go a-begging for placements,” he added.
Dr. Singh said experienced and established lawyers and judges should attend periodic and continuing education programmes without standing on pomp or seniority. “After all, this is a common practice in other countries,” he said.”
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Today, the legal system in India has reached a stage where we even oppose the reforms in legal profession on one ground or other. I don't know where this system goes and I am really worried at the public perception of the legal profession who has enjoyed so much respect in the society once.
Thus, I conclude that there is a no real competition in legal profession and competition in legal profession is reflected when we see the flow competent young lawyers into the profession and we need to go a long way in this direction.
Note: the views expressed are my personal and I have no intention to insult the sentiments of any one and the views are exposed with the pain to see the loosing dignity of legal professionals.
About the Author
V.DURGA RAO, Advocate, Madras High Court - Email: vdrao_attorney@yahoo.co.in
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