Welfare of Advocates

Dear Eminent Scholars on the dais, Hon’ble Judges, Senior Advocates, Advocates, and my dear colleagues from the Bar Council.

Today, I am glad to address you all on a topic, which we often discuss and least implement. A topic which is discussed in the corridors of the court rooms... A topic which is vehemently demanded in the bar meetings… And a topic which is always talked about wherever we meet... Friends! The topic for today’s deliberation is- The welfare of Advocates.

To start with, I am neither an idealist nor a cynic. Being a pragmatic, today I have bestowed upon myself the obligation to highlight, within limited time, the issue of Welfare of Advocates with a Solution-Oriented-Approach. Something which is practical; something which can be implemented; and something that can be acted upon… In a Welfare State like India, something that is ‘not fare’ is ignoring the ‘welfare’ of the Advocates. The black-coated tribe which is responsible for upholding the Constitutional guarantees is today the neglected lot. I believe no one in this hall will disagree with me that- Bar is the mother of Judiciary and it is the Advocates, who uphold the values; which our tradition teaches, which our philosophy preaches, and which our Constitution practices. Now it’s the time to recognize their welfare. Now it’s the time to give them back for their contributions.

Well! What is Welfare? When we talk about welfare, what do we want to accomplish? We here are not interested in going into what John Bronsteen had in mind when he wrote “Welfare as Happiness”, nor are we inclined towards Amartya Sen’s Welfare Economics. For us, Welfare simply means something that aids and promotes well being. It can be financial welfare, professional welfare, or any other. Friends! To put it straight, as a beginner, I want my pocket money at least. As an indigent/ disabled, I want ex-gratia at least. As an Advocate, in advanced age, I need my sustenance at least. As a less informed, I should have something to look upon at least. As a contributor to the jurisprudence, I should be recognized at least. And after my death, my heirs may expect a claim at least.

As a beginner:

Friends! Gone are those days when students come to Law Faculty because they didn’t get through a Medical or an Engineering college. Now studying law is not a compulsion, it’s a Choice. And it’s an informed choice. In recent times we see the infusion of best minds into the law colleges and to the bar. The enrollment register of BCD speaks all for itself. However in comparison to the corporate entrants, this figure is negligible and the left-outs rate cannot be brushed off. The objectives of National Law School concept missed somewhere; and from the young minds, the cachet of this profession dried down somewhere. And the reason is- “Initial Hardships”. It becomes really tough for a junior advocate, not having a forefather, to sustain himself. No co-operative work culture, No contacts, No money…And Ahh! A beginner coerces himself and says Enough! We at the bar loose a member, and we as a country loose a litigating lawyer. When an illiterate labourer has the right to minimum wage; denying the same to a young Advocate discourages him.

In countries like Scotland, Advocates are regulated by the Faculty of Advocates in Edinburgh. The Faculty has a service company, namely, Faculty Services Ltd.; which is responsible for fee collection. This gives a guarantee to all new advocate a place and money. In India, I agree this system is not feasible. But widening our concept of Welfare Fund and granting remunerations through different schemes may be tried out. Secondly, we may conceptualize a Placement Cell, which will be responsible for placing the students under seniors as per their merits and choice; and will guarantee them their payments from the senior’s office. Until 2007, a number of young European lawyers were given a placement with advocates under the European Young Lawyers Scheme, organized by the British Council.

Friends! This is a challenge before us and it has to be done very professionally and diligently. The beauty of this profession is it welcomes all with a wide open arms but unfortunately it doesn’t embrace them with such tightness!

As a Member of the Bar:

To be frank, if we have Advocates who are among the top tax payers of the country; we also have Advocates who require financial assistance. We can’t afford to close our eyes to them; if at all Bar Council wants to remain as an effective body. Assistance to Advocates ahead of festivals, assistance for daughter’s marriage etc. are small steps, but it is a step ahead. Am glad to know from the Telegraph newspaper (dt: May 31, 2012) that the Chhapra Bar Association at Bihar has proposed to provide financial assistance between Rs 800 and Rs 1,000 to advocates ahead of festivals such as Dussehra, Id, Chhath and Diwali and has also proposed to help the advocates with Rs 25,000 before their daughters’ marriage. We at the Bar Council of Delhi may think and work upon something in this line. Inspiration lies within!

The Advocates’ Welfare Fund Act, 2001 has duly recognized that the member of the Fund may receive ex-gratia grant from the Fund in case of hospitalization or involving major surgical operation; or if he is suffering from tuberculosis, leprosy, paralysis, cancer, unsoundness of mind or from such other serious disease or disability. This has to be enforced in all its seriousness. And members should be made aware of such schemes.

As a less informed:

Ignorance of law is not an excuse. And repeating this is neither one. Friends! Our society, our laws and our relationships are changing so fast these days that we need to be updated. We need to be updated, as a practitioner, about the developments in Anti-trust laws, marine laws, regulatory laws etc. In United States, the lawyers have something called “Learning hours”, in order to keep them updated. In India, the Chartered Accountants have similar learning hours. But we don’t see any such practice among Indian lawyers. And there suffers our profession and our practices. Secondly and most importantly, we face the problem of language. The language of the court is neither the language of the litigants nor the language of majority of lawyers. Therefore there is a need for continuing legal education and professional development programmes to impart expertise, skills and other things to the interested Advocates at a subsidized rate. The Bar Council need to come up with an Advocates’ Academy in the line of American Lawyer Academy, or International Academy of Trial Lawyers; and the government should encourage this. When we have a Judicial Academy for judges, why not to have an Advocates’ Academy for Advocates? It’s welfare as well!

As an Advocate in advanced age:

Friends! An Advocate gets neither tired nor retired. It is said, his professional fees increase with his age. However, at one point of time ageing comes in the way. The bodily and cognitive limitations started affecting his work. I agree, there are Advocates who are earning more at the advanced stage but these are exceptions. Friends! Am glad to say that the Advocates’ Welfare Fund Act, 2001 has provisions for payment of pension to every advocate, who has been a member of the Welfare Fund for a period of not less than five years. However, where a member of the Fund ceases to practice within a period of five years from the date of his admission because of any permanent disability, the Trustee Committee may pay him such amount subject to its satisfaction.

As a late Advocate

Friends! There is an increasing demand for effective implementation of Death claims for Advocates. However, under Section 24 of the Advocates’ Welfare Fund Act, 2001 there is a provision that the trustee committee may obtain from the Life insurance Corporation of India or any other insurer, policies of Group insurance on the life of the members. Secondly, there is also a provision for payment for the medical and educational facilities for the dependants of the members. And thirdly, where a member of the Fund dies before receiving the ex-gratia amount, there is the provision for his nominee or legal heir to be paid such amount.

Apart from this we have schemes for granting financial assistance to indigent practicing Advocates, we have a scheme for Library Development and many other things. Therefore, we might lack many things. But we have something also. We need to implement what we have. The reasons for non implementation may be genuine; but we can’t blame anyone for that, except ourselves. Friends, I have one grievance to register. It is understandable when we debar a person in receipt of pension from the Central Government to get pension but barring a Senior Advocate under Section 28 does not appear to be a reasonable classification.

I am told by one of my juniors that the Attorney General Mr. Vahanwati during the BCI Golden Jubilee celebrations has proposed to grant “Senior Advocate” status to Advocates practicing in trial courts. Friends! I completely agree and support this move. There are Advocates working tirelessly and contributing a lot. But often they go unnoticed. We should recognize their contribution and the bar should welcome this change. Our Constitution might tell us that Part III is sacred, but history tells us that they aren’t worth a dime unless Advocates push them and protect them for the country. I take the opportunity to request, from this platform, the government in power to take welfare measures with all seriousness it deserves. Friends! Aggression is not my tactic and exaggeration is not my intent. All that I want is the message gets across. To give a pessimistic expression will compound the dilemma more. So, here is an occasion for all of us to stand. Let’s stand to rise, let’s stand to demand and let’s stand to do.

With these words, I thank everyone for your patient hearing and also thank the members of Bar Council for inviting me to keep my words before you all.

Thank you!