Entry Barriers to the Profession of Litigation

Presented by:Research Foundation for Governance in

India

Research Foundation for Governance in India

The Importance of Judiciary in India…

The Entry Route to Judiciary goes through the Bar…

“Litigation is now-a-days based on brand name rather than on quality” –Professor , NALSAR

“More juniors are coming into litigation as they are not getting placements anywhere else. They have no choice and have to join the bar.” – Senior Counsel, Supreme Court of India


3 year vs. 5 year law school No bar exam A non-institutionalised practice of Juniorship

and ‘waiting period’ Scope for Bar Councils to help the new-

entrants. Eg: The Karnataka Bar Council



The Survey census includes: A team of 15 young lawyers and law

students conducting the survey 6 cities in India (Bombay, Delhi, Ahmedabad,

Chennai, Bangalore, Hyderabad) Over 100 lawyers at the Lower Court Over 150 lawyers and judges High Courts Over 30 Supreme Court Lawyers and judges


The system of Juniorship

The need for background

Lack of incentives to join


“There is a waiting period of at least 5-10 years. By 35, you are stable in profession. By 45, you start getting reputation, and by 55, you start making money!!” – HC Judge

“From a female’s perspective, litigation only after marriage with ‘support’”—Professor NALSAR


All Lawyers are Equal, but Some are More Equal than Others!

‘Who is a junior anyway?!’

The Practice has not yet been Institutionalised

Do you think the practice should be institutionalised?


Yes48%

No26%

Can't Say26%


“Litigation has become like the caste system, only the person having a ‘father’ can enter it.” –Professor NLSIU



“Juniors should not look at money if they want to enter this profession.”

How much do you get paid per month?

“PEANUTS!!”--Gold Medalist practicing for 4 years



47%

27%

4%

15%

7%

0 Rs.

Depends on Case

No Reply

3000-8000 Rs.

Above 8000 Rs.


Yes12%

No74%

Can't Say14%

Law firms (domestic and international): 30% Companies/consulting outfits: 25% Studying abroad (LLMs/ MBAs): 20% Courts (litigation): 15% Developmental and welfare organizations: 5% Miscellaneous (teaching/research): 5%

Source: Sachin Malhan, A Case for National Law Schools, THE HINDU



Yale University : 25 Lakhs per year (3 years)

Oxford University: 9.6 lakhs per year (3 years)

National Law Schools: 70,000- 80,000 Rs. per year (5 years)


How much do First Year Lawyers

Earn Abroad?

Source: Bar Council UK, Bar Council India, American Bar Association


05

10152025303540

USA UK India

Lakh

Rup

ees

Mean Average Earnings of First Year Attorney

Corporate

Litigation

Yale University, USA: 65 Lakhs

Oxford University, UK: ◦ During Pupilage: 7.8 Lakhs◦ Post pupilage earnings range widely but

generally increase drastically

National Law School Bangalore, India: 60,000 Rs.


USA◦ LSAT required to get into law school◦ Case Method Approach◦ Hands-on training through law clinics◦ Preparation for bar exam

UK◦ Lecture-based, inns of court◦ Hands-on training occurs later during Bar Vocational

Course◦ Moot-courts◦ Soft skill development and court-craft training◦ Preparation for Bar Exam

India◦ Stark divide between Traditional Law Colleges and

National Law Schools◦ Entrance exam required to attend 5 year law schools, but

no bar exam


“Litigating is the best profession because apart from your skills it all depends on the approach. If given a chance I would love to be a litigator again on rebirth” Lawyer, Lower Court


Effective incentives have not been implemented to attract top law school graduates

Students strongly believe that a background in litigation and a godfather is required to enter the field

Students are often discouraged by the juniorship process that is required

“All juniors in India are not the same, but the standard needs to be set by the best ones” – A young lawyer who has practiced in UK, US and India


The Debate…

Documents

Entry Barriers to the Profession of Litigation