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Is there true competition in legal profession

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Is there true competition in legal profession Powered By Docstoc
					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:
"the matching presence and availability of competent lawyers in the
profession and inflow of competent young lawyers in the profession on
regular basis".
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:

There will be many family commitments and sheer pressure to make money
forcing the young and talented lawyers to look for alternative.
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.
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.
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.
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.
Many dare not to challenge the unreasonable established and senior
advocates in the profession thinking about their destiny and future in
profession.
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.
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.
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:
"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."
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.

				
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posted:1/23/2011
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