Entry Barriers to the Profession of Litigation

1. Research Foundation for Governance in India Entry Barriers to the Profession of Litigation Presented by: Research Foundation for Governance in India

2. Why Is The Subject Relevant? 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

3. The Current System 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

4. The Survey Research Foundation for Governance in India

5. The Methodology 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

6. Findings of the Survey Research Foundation for Governance in India • The system of Juniorship • The need for background • Lack of incentives to join

7. “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 Research Foundation for Governance in India JUNIORSHIP “From a female’s perspective, litigation only after marriage with ‘support’”—Professor NALSAR

8. The Practice of Juniorship Research Foundation for Governance in India • 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?

9. Do you find the practice of juniorship helpful? Research Foundation for Governance in India

10. Research Foundation for Governance in India FAMILY BACKGROUND “Litigation has become like the caste system, only the person having a ‘father’ can enter it.” –Professor NLSIU

11. Do you think a family background helps? Research Foundation for Governance in India

12. How much do you get paid per month? “PEANUTS!!”--Gold Medalist practicing for 4 years Research Foundation for Governance in India LACK OF INCENTIVES “Juniors should not look at money if they want to enter this profession.”

13. Salary Received in Initial Years Research Foundation for Governance in India

14. Do you think bright youngsters end up joining litigation? Research Foundation for Governance in India

15. Where are the National Law University Graduates going?? 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

16. Research Foundation for Governance in India COMPARISONS WITH USA AND UK

17. Approximate LLB/JD feesfor the top law schools 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) Research Foundation for Governance in India

18. How much do First Year Lawyers Earn Abroad? Research Foundation for Governance in India Source: Bar Council UK, Bar Council India, American Bar Association

19. Comparison of Approximate Annual First Year Salary of Litigators from Top Law Schools 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.

20. Teaching Methodology Comparison 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

21. Research Foundation for Governance in India THE DISTILLATION OF PROBLEMS… “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

22. THE ISSUES… 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

23. The Debate…