Entry Barriers to the Profession of Litigation - Research Foundation

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					                                   Research Foundation for
                                     Governance in India




                             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…
“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
                                              “Litigation is now-a-days
                                              based on brand name
                                              rather than on quality” –
                                              Professor , NALSAR
                                        Research Foundation for
                                          Governance in 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
Research Foundation for
  Governance in India
                                    Research Foundation for
                                      Governance in India


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
                                 Research Foundation for
                                   Governance in India




   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   Research Foundation for
                                     Governance in India
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
                                               Research Foundation for
                                                 Governance in India


   All Lawyers are     Do you think the practice should be
    Equal, but Some              institutionalised?
    are More Equal
    than Others!
   ‘Who is a junior
    anyway?!’                  Can't Say

    The Practice has
                                 26%

                                               Yes
    not yet been                               48%

    Institutionalised              No
                                  26%
Research Foundation for
  Governance in India
                    Research Foundation for
                      Governance in India




“Litigation has become like
the caste system, only the
person having a ‘father’ can
enter it.” –Professor NLSIU
Research Foundation for
  Governance in India
How much do you get paid per
month?                                 Research Foundation for
                                         Governance in India
“PEANUTS!!”--Gold Medalist
practicing for 4 years




                     “Juniors should not look
                     at money if they want to
                     enter this profession.”
                                Research Foundation for
                                  Governance in India


             7%


     15%

                        0 Rs.
                  47%   Depends on Case
4%
                        No Reply
                        3000-8000 Rs.
                        Above 8000 Rs.

       27%
                     Research Foundation for
                       Governance in India



               Yes
Can't Say     12%
  14%




             No
            74%
                                                   Research Foundation for
                                                     Governance in India


   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
Research Foundation for
  Governance in India
                                        Research Foundation for
                                          Governance in India




   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
                                                                    Research Foundation for
        Earn Abroad?                                                  Governance in India




              40
              35
              30
              25
Lakh Rupees




              20                                                              Corporate
              15
              10
               5                                                              Litigation
               0
                   USA                  UK                  India

                    Mean Average Earnings of First Year Attorney




                   Source: Bar Council UK, Bar Council India,
                           American Bar Association
                                            Research Foundation for
                                              Governance in India




   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.
                                                    Research Foundation for
                                                      Governance in India

   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
                                        Research Foundation for
                                          Governance in India




“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
                                               Research Foundation for
                                                 Governance in India

   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…

				
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