The Bar Council of India (BCI) Today (Oct 15) issued new guidelines recommending a minimum stipend for junior advocates assisting senior advocates, law firms and independent practitioners. It also noted that senior advocates and firms in smaller towns or less lucrative fields may not have the financial resources to provide substantial stipends. Therefore, while the guidelines are encouraged, they are not enforced as mandatory across the profession.
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NEW DELHI: The Bar Council of India (BCI) introduced a set of new guidelines proposing a minimum stipend for junior advocates who assist senior advocates, law firms, and independent practitioners. This initiative is in response to a Delhi High Court directive dated July 29, following a representation by Advocate Simran Kumari, who highlighted the financial difficulties experienced by junior lawyers.
Earlier, the Madras High Court had also recommended a minimum monthly stipend ranging between Rs 15,000 and Rs 20,000 for junior advocates across the state. In line with this, the BCI has now recommended that junior lawyers practicing in urban areas should receive a minimum stipend of Rs 20,000 per month.
For those working in rural areas, the suggested stipend is Rs 15,000 per month. These payments are to be provided for a minimum period of three years from the date of engagement of the junior advocate.
However, it is important to note that-
“the minimum stipend is not mandatory.”
In a circular directed to all state bar councils and bar associations, the BCI acknowledged that many junior advocates face significant financial challenges at the beginning of their legal careers. It was further recognized that
“senior advocates and firms in smaller towns or less lucrative fields may not have the financial resources to provide substantial stipends.”
As a result, while the guidelines are encouraged across the profession, they are not strictly enforced as mandatory.
The BCI emphasized that, apart from financial support,
“senior advocates and law firms should not only focus on financial support, but also provide mentorship to junior advocates.”
This mentorship includes offering opportunities for junior lawyers to observe courtroom proceedings, receive guidance on legal research, drafting, and strategizing case approaches.
The guidelines also suggest that senior advocates and law firms formalize their relationships with junior advocates.
“The guidelines encourage senior advocates and firms to formalise the engagement of junior advocates with letters specifying stipend amounts, duration and mentorship opportunities.”
It is also recommended that accurate records of stipend payments and engagement terms be maintained. These records should then be submitted in an annual report to the respective state bar councils.
In case junior advocates do not receive the recommended stipend or have any engagement-related grievances, they have the option to file complaints with their respective state bar councils. However,
“the BCI noted that grievances based on genuine financial constraints will be dealt with flexibly,”
-recognizing the financial limitations faced by some senior advocates and practitioners.
Additionally, the circular mentions the establishment of a committee by the BCI that will regularly review the implementation of these guidelines. This committee will also be responsible for
“adjusting the stipend amounts based on feedback and prevailing economic conditions,”
ensuring that the guidelines stay relevant to the economic realities faced by both senior and junior advocates.
These steps by the BCI aim to alleviate the financial pressures on junior advocates while also ensuring that they receive adequate mentorship and professional development opportunities, thus fostering a more sustainable and supportive legal profession.
Click Here to Read Previous Reports on Stipend For Advocates
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