INTRODUCTION

The legal profession, while respectable and often lucrative, can be intimidating for those just starting out. Young lawyers in particular face significant challenges, including long work hours, low or no pay, and step learning curves.  Realizing these difficulties, the Madras High Court recently issued a path-breaking directive requiring senior advocates to pay allowances to their junior colleagues.

 This decision has sparked much discussion in the legal community and beyond. This blog gives deeper into the implications of this directive, looking at its benefits, potential challenges and the broader context of this concept.

AN OVERVIEW

In June 2024, the Madras High Court ordered senior Advocates to pay monthly allowance of Rs.15,000 to Rs.20,000 to their junior colleagues.

 The move aims to provide financial support to young lawyers, helping them support themselves during the often financially difficult early years of their careers. The courts set minimum amounts to ensure that all young lawyers receive a basic level of financial support.

RATIONALE BEHIND THIS OVERVIEW

Facing Financial Difficulties Young lawyers often work long hours for little or no pay, relying on hopes for future income and their experience to sustain themselves. This financial strain can be especially severe for those in more difficult circumstances.

 This grant ensures that junior lawyers can focus on their work and professional development without the constant worry of financial instability. Promoting fairness and diversity. By providing financial support to young defenders, this directive helps create a level playing field. It allows people from different socio economic backgrounds to enter and remain in the profession. This in turn promotes more diversity in the legal community, which can lead to more fair and representative legal practices. Raising professional standards Financial stability enables junior lawyers to devote themselves to their duties and professional development.

 This could help lawyers become better prepared and more competent, thereby improving the overall standards of the legal profession.

DIRECTIONS GIVEN BY THE MADRAS HIGH COURT

In the case of Farida begum v Puducherry Government, WP No.17976 of 2019, Order dated 12-06-2024 , the writ petition concerning the Welfare Schemes and the safeguards to be provided to the Advocates enrolled in the State Roll and practicing in various Courts across the State of Tamil Nadu and Puducherry, the division bench of S.M. Subramaniam and C. Kumarappan, JJ., has issued the following directions:

1.The Bar Council of Tamil Nadu and Puducherry, the Government of Puducherry and the recognized associations of Puducherry and Karaikkal have been directed to coordinate and finalize the proposal for amendment to Annexure-I for increasing the amount of  the social protection fund scheme submitted by the trust committee as expeditiously as possible, preferably within four months from the date of receipt of a copy of this order.

 2.The Bar Council of Tamil Nadu and Puducherry has been directed to issue instructions/directions/circulars to all the advocates/senior advocates registered in the state roll of the Bar Council of Tamil Nadu and Puducherry in the following directions:

 Any advocate/senior advocate availing the services of Junior Advocates shall pay a minimum allowance of Rs. 20,000/- per month to advocates practising in the major cities of Chennai, Coimbatore and Madurai.

 Any senior advocate/advocate availing the services of a junior advocate shall be required to pay a minimum allowance of Rs. 15,000/- per month to the advocates practising in other parts of the State of Tamil Nadu and Puducherry.

 3. Raising the issue of gender-based pay disparity, the Court directed that the above minimum compensation be extended to all junior advocates without any form of discrimination on the basis of gender.

4. The Court also directed the Government of Tamil Nadu to respond regarding the settlement of the amount of the Welfare Fund in favour of eligible members in the State of Tamil Nadu.

While considering the issue relating to the protection of livelihood of junior advocates employed by senior advocates/advocates, the Court took note of Section 6 of the Advocates Act, 1961 , which lists the State Attorney’s advisory

functions. The court noted that Section 6(1)(d) provides that the rights, privileges and interests of lawyers on its rolls shall be protected by the State Bar Council. Note that previously, access to professional training such as Law was only available to those from privileged backgrounds. But today, constitutional ideals have played a central role in creating pathways for all young graduates from multicultural, multi-social, multi-economic and diverse backgrounds. The court expressed concern about the livelihoods of young lawyers, who come from disadvantaged and rural areas to the city to practice law. The Court emphasized that today’s young lawyers face many challenges and that their enthusiasm cannot be quenched by economic factors alone. He added that many young people are forced to quit their jobs due to unstable economic conditions.

 The Court said that protecting the rights, privileges and interests of lawyers is one of the functions of the Bar Council, and it is necessary to ensure that young lawyers, who enter the legal profession with great ambitions, can encourage and create conditions for their livelihoods.

 The Court held that lawyers, as a community, have become the greatest agents of change and that as the harbingers of change in our country, we must lead the change that we want.

 The court, while noting the widespread belief in legal circles that economic instability and suffering as a young lawyer are an integral part  of the profession and that young people “must get used to with it”, stated that “This is completely unacceptable and humiliating”.

IMPLEMENTATION AND COMPLIANCE

Allowance structure Directive imposes a minimum monthly allowance, but the exact amount and structure may vary depending on the specific agreement between junior and senior advocates. This flexibility allows for adjustments based on the varying financial capabilities of senior counsel and the varying needs of junior counsel.

Monitoring and enforcement. To ensure compliance with the law, the Court has established monitoring and enforcement mechanisms. These measures could include regular reports by senior lawyers, audits and the establishment of grievance mechanisms for junior lawyers who do not receive remuneration.Failure to comply may result in sanctions, including fines or other disciplinary measures.

 

CHALLNEGES AND CRITICISM

Financial Burden on Senior Counsel One of the key concerns is the financial burden that this directive places on senior counsel. Not all senior advocates have the same financial resources, and for some, compensating juniors can be difficult. The directive attempts to alleviate this problem by allowing flexibility in the amount of benefits, but concerns remain.

Potential for exploitation There is a risk that some experienced advocates will exploit the system by under-reporting the number of young people they employ or paying them less than the prescribed amount.  Effective monitoring and enforcement mechanisms are needed to address this issue.

 Resistance to change  The legal profession has a long tradition and any significant change is likely to be met with resistance. Some senior lawyers may be reluctant to comply with the new directive, seeing it as an unnecessary interference with their professional autonomy. Overcoming this resistance requires effective communication about the benefits of the directive and a collaborative effort to implement it smoothly.

BROADER IMPICATION FOR THE LEGAL PROFESSION

Setting Precedent  The Madras High Court directive sets an important precedent for other courts and legal institutions in India. If successful, this project could inspire similar measures across the country, leading to widespread improvements in working conditions for young lawyers.

 Promoting mentoring  Implicit directive to encourage a culture of mentoring within the legal profession. By formalizing the financial relationship between senior and junior lawyers, it promotes a more structured and supportive  environment for professional growth and development.

 Long-term benefits In the long term, this directive could lead to a stronger and fairer legal profession. Beginning attorneys who receive financial support and mentoring are more likely to succeed and make positive contributions to the profession. This will benefit the legal system and society as a whole.

CONCLUSION

The Madras High Court’s directive mandating allowances for young lawyers is a progressive step towards addressing the financial and professional challenges faced by new entrants to the legal profession.  While this poses a number of challenges, particularly for senior lawyers, the potential benefits in terms of fairness, diversity and professional standards are significant. The success of the Directive requires a collaborative effort by the entire legal community, including effective monitoring and enforcement mechanisms. If these goals are achieved, the Directive could pave the way for a more unified and equal legal profession, creating a valuable precedent for other regions and professions. This decision of the Madras High Court is not just about financial assistance; it is about recognizing the value of young lawyers and investing in the future of the legal profession.  In doing so, it takes an important step towards a more inclusive, diverse and capable legal community in India.

Written by- Ishaan Singh Rathore,5th year, BBA.LLB(Hons.), Amity University,Chhattisgarh