Challenges Faced by First-Generation Advocates in India: Low Pay, Long Hours, and Clerical Work Struggles
Introduction
Pursuing a career in law in India is a daunting task, especially for first-generation lawyers—those who do not have family connections to the profession. Such individuals tend to face a multitude of challenges, ranging from financial difficulties, long working hours, and the weight of clerical work. This article explores these challenges, using particular examples and observations to shed light on the plight of first-generation lawyers in India.
Financial Constraints and Low Remuneration
One of the most urgent concerns for first-generation practitioners is the paltry monetary remuneration in the early years of practice. In contrast to their counterparts from established bar families who can have financial support, these newcomers have to contend with making ends meet. Junior lawyers in most cases receive little or no stipends from senior practitioners under whom they apprentice. For instance, in Pune, hardly five percent of the senior lawyers are willing to pay their juniors, and even after six months, the payment may range from as little as ₹2,000 to ₹3,000 a month—an amount that is hardly enough to pay for basic necessities such as fuel prices.
Acknowledging this financial pressure, the Bar Council of India (BCI) released guidelines in October 2024, requiring at least a stipend for junior advocates: ₹20,000 in urban areas and ₹15,000 in rural areas.
Although this move is focused on easing economic pressures, its effectiveness has been questioned. Critics contend that several senior advocates, particularly those who earn modest incomes themselves, might not be able to keep up with these requirements.
Extended Working Hours and Work-Life Balance
The Indian legal profession is well-known for its strenuous work ethic, with young advocates working excessive hours that overlap with personal time. This practice of overwork is not an exclusive feature of the legal fraternity but is characteristic of many white-collar jobs in India. For example, the tragic death of 26-year-old chartered accountant Anna Sebastian Perayil, who succumbed to cardiac arrest caused by excessive workplace stress, highlights the ill effects of such an environment.
In the legal profession, young lawyers often work long hours with no or minimal pay, resulting in physical and mental fatigue. Chief Justice of India D.Y. Chandrachud has pointed out this problem, condemning the “over-romanticization of hard work” that demands young lawyers work long hours for inadequate remuneration. He stressed the importance of the legal fraternity offering junior lawyers decent remuneration in proportion to their work.
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Clerical Work and Limited Legal Exposure
Advocates of first-generation background have often been assigned to do menial clerical work instead of doing substantive law work. It is due to the absence of mentorship as well as exposure to networking resources, which most of the time is available more for those possessing family members connected to the world of law. Lacking training, these rookie lawyers can tend to spend extra time on such clerical responsibilities, hampering their professional career growth and in turn slowing them down in pursuing their profession ahead.
Absence of Mentorship and Networking
The lack of a strong professional network is a major hurdle for first-generation lawyers. While their counterparts from legal families have an existing network of connections to lean on, these individuals have to create their networks from scratch. This absence of mentorship may hinder their ability to negotiate the intricacies of the legal world, get quality internships, and get referrals.
For instance, during the 1980s, there were hardly any structured internship schemes, and a place was typically obtained through social contacts. Lawyers of the first generation, with no such networks, were not able to gain internships, which are most important for hands-on experience and gaining a niche in the field.
The legal practice is based on a system of unspoken rules and etiquettes that are usually transmitted from generation to generation. The first-generation lawyers might struggle to understand these nuances, which can result in professional missteps. The understanding of courtroom etiquette, client handling, and hierarchical relationships within legal communities involves knowledge that is not usually imparted in law schools but is essential for career growth.
