Trials and Tribulations Of A Litigator

It requires a great deal of patience, determination and grit to keep afloat in the ocean of litigation.

Law is amongst the most prestigious career options. Lawyers and legal professionals have always been at the forefront of bringing about reform in society. Mahatma Gandhi, the protagonist of our freedom struggle, was also a trained advocate and his discipline did help him in his endeavours in service of the nation.

Law schools today are imparting quality education which is catapulting the legal landscape in the country. The burgeoning of new law schools owing to the rising demand is making legal education accessible to one and all. As per media reports covering statements made by the law ministry, there are approx. 1721 law colleges in India producing lakhs of law graduates every year. Yet the numbers at the Bar tell a different tale. What traditionally was the only option is now becoming the choice of few and far between.

To be, or not to be a Litigator

A large number of students are opting for law as their career option. But the rosy picture that once generated interest and inclination of the students slowly begins to disappear into thin air and reality settles when they enter the field. After graduation, freshers face the dilemma of choosing their path of career. The choice of whether to opt for litigation or corporate law hovers above their heads. Apart from these, the option of further studies, preparing for the judiciary, or working in some other field is found equally tempting by many.

The graduates from National Law Schools and other top law schools mostly choose to work in the corporate sector. The reason behind this is the hefty pay cheques that a career in corporate law offers.

Challenges galore

Conventional advocacy or litigation is more often than not, disregarded by graduates. Despite the work of a litigator appearing as challenging and thrilling, the low financial remuneration acts as major discouragement. Besides, without any family background in law, a law graduate is inundated with entry barriers. Though data on this is unavailable, most law graduates do not opt for litigation or abandon it after momentarily indulging in it. Having a different career is not wrong but the reasons behind growing divergence from the traditional practice of law decision need the fraternity’s attention.

Kunal Chugh, who graduated in 2022 from Symbiosis Law School, Pune, has taken a full-time plunge into travel vlogging. While speaking to BW Legal World, Chugh said, “I lost my interest in 3rd year of law school. Even if I had not left law, I would have chosen to be a corporate lawyer because survival in litigation, on account of meagre remuneration, is quite difficult.”

Chugh’s sentiments have been echoed by many. However, these shortcomings are not insurmountable. With grit, determination, persistence and perseverance, one can shine through in any circumstance. Stakeholders must take steps to mitigate the hardship suffered by young professionals.

The bar associations of various courts should deliberate the issues faced by young professionals. The proposal for fixing a minimum wage for lawyers while talked about in court corridors needs concrete action and dispensation. The presence of such regulations will go a long way in fighting financial exploitation and bring a change in the views of many who believe that a mere opportunity to shadow a senior lawyer is enough.

Creating employment and expanding legal aid

The legal aid programme under the National Legal Services Authorities Act 1987, in Section 12, prescribes the categories of people who are entitled to legal aid. It mentions women, scheduled caste and scheduled tribe, victims of human trafficking etc. as eligible for legal aid. However, on many occasions, disadvantaged and underprivileged people who do not belong to any of the categories stated in Section 12 may also require legal assistance. The absence of financial means should never deprive any person of his access to justice. 

Advocate Ashok Agarwal, while speaking to BW Legal World, said that “the government should expand the scope of the legal aid programme and engage more lawyers so that accessibility of law can be increased and at the same time new lawyers can be remunerated.”

The Government should make legal aid free for all persons without any exceptions. For this, manpower will be required, which can be taken care of by engaging young lawyers. The young lawyers will be able to sustain themselves and remain in litigation. 

The legal industry requires litigators who are not just well versed with the law but are upright human beings as well. The Justice delivery system derives its strength from able and honest participants.

Importance of a good mentor

A conducive atmosphere must be cultivated for young professionals in law. The senior members of the bar should do their part by keeping as many juniors as possible. This will ultimately precipitate the growth of law. Mentorship is paramount for a young lawyer. It enlightens him about the trials and tribulations that the domain of litigation constitutes of. Guidance from a senior helps young litigators in navigating the arduous journey of advocacy.

Courtroom experience: non-negotiable

In so far as the legal education sphere is concerned, law schools must have longer mandatory internships as part of the curriculum. Learning the court craft is not easy for most law graduates and comes with a steep learning curve. 

Former, Chief Justice of India (CJI) NV Ramana also discouraged the practice of senior counsel making mentionings before him and asked them to send their Advocates-on-Record or junior colleagues to do these tasks and learn in the process. 

Just as law, the legal ecosystem in the country has been dynamic and evolving for the better. There thus remains a hope that no matter the ubiquitous nature of obstacles, with strong-headedness and unshakeable resolve, the battlefield of litigation will see more young warriors in times to come.