LEGAL PROFESSION

No More a Mere “Court affair”

 Manish Arora

With the rapid growth of trade and industry in the era of globalised liberalisation, increasing use of internet, e-commerce and convergence of technologies in the near future, new vistas of opportunities in all professional fields, including law have been heralded.

Legal profession is no more a mere “court affair”. Today the legal profession is one of the growing and lucrative professions all over the world. Demand for bright law graduates continues to rise. Career in law offers exciting opportunities as an Advocate, Solicitor, Consultant, Counseller, Academician, Researcher, Author, Social Worker, Court Reporter, Legal Editor, Political and Business Correspondent or Analyst in print, audio-visual and cyber media, Legal or Personnel Manager/Executive in Multinational Companies or Government Service, Banker, Arbitrator, Judge Advocate-General in Defence Forces, Police Service, Criminologist, Politician, apart from much coveted and the prestigious Judiciary.

However, in a highly competitive job market or professional field, the truth is that one has to explore a bit before taking the plunge, even in the field of law. Although, legal profession is both adventurous as well as exciting, there is absolutely no place for complacency and resting on one’s laurels. Mantra for survival in the profession is to keep pace with latest developments to stay ahead of other contemporaries.

Law is an ongoing and continuing process, an orderly arrangement which changes with time. The fast evolving concept of law affects the daily lives of people, services, business, thereby encompassing all facets of human life in a civilised State. All day-to-day matters, howsoever complicated or complex, may have to be addressed, which necessitate a legal approach, understanding procedures and interpretation of rules of law. Each State frames certain laws, rules and regulations for its citizens to stop the detrimental effect of actions of one or more individuals, in the interest of their fellow beings. Under the law of the land, one can seek legal remedies when his legitimate interests and rights are being harmed either by an individual or by the State authorities. The parties to the dispute engage professionals to defend their interest by interpreting the legal provisions in their interest. This breed of professionals who analyse and interpret law properly are termed as lawyers, pleaders, attorneys and advocates. A good lawyer not only keeps himself abreast with changes in the law but also with the applications and implications of those changes.

Entry into Legal Profession

It is very important to step into a reputed Law School for proper grooming. In India there are two types of LL.B – 3 years course and 5 years course. One can join the 3 years LL.B. course after graduation whereas it is 5 years after 12th std.

In the recent past 5 year LL.B. degree has gained a lot of importance because more serious students are entering the legal education stream straight after school.

Each Law College conducts its own Entrance Examination from April to July every year.

The syllabus for entrance exam is similar but the pattern differs from University to University. Most of the Law School Entrance Exams are conducted at different centers across the country so that it becomes easier for an aspirant to appear.

Legal Profession in India

Broadly, the legal profession consists of lawyers and Judges who administer, interpret and apply law. Lawyers in private practice, on either civil side or criminal side or both, advise clients on their legal rights and legal issues affecting their personal and professional lives and also represent them in the courts of law. Some also appear on behalf of the Government, public bodies, local authorities. Lawyers are also retained as Legal Advisors by corporate houses to aid, advise and represent their legal interest in the courts of law. Usually, lawyers set up their practice at different courts/tribunals as per their convenience and location.

Indian Legal Service

The Department of Legal Affairs under the Union Ministry of Law and Justice provides for Indian Legal Service for its internal convenience. It being an All-India Service, its officers are recruited through the Union Public Service Commission on the basis of their experience and seniority in legal practice. The posts covered under Indian Legal Service are Law Officers, Legal Advisors, Additional Legal Advisors, Assistant Legal Advisors and Deputy Legal Advisors.

Judicial Members of Tribunals: Judicial Members of Tribunals are appointed from the legal profession or Indian Legal Service.

Besides the above, there are other positions existing in the judicial system of Central and State judiciary which are enumerated as follows:—

There are a large number of big business houses and commercial organisations which employ legal professionals to defend their business interests. Similarly, Corporate/Public Sector organisations such as Life Insurance Corporation, General Insurance Corporation, Unit Trust of India and such other organisations also engage Legal Advisors, Law Officers and Legal Assistants to handle their respective matters bearing legal implications. The Legal Advisors aid and advise their employers on matters of legal importance. Law Officers frame law suits with active assistance from Legal Assistants and follow them in the court of law.

Employment Opportunities

The prospects as a legal executive or in any of the posts listed above will depend on hard work and sincerity. There is more satisfaction in any one of the jobs and many of them can lead to advancement to a more senior professional status.

The job market being highly competitive today, it is desirable to possess additional relevant qualifications. In order to get an edge over others and more gainful employment, there are certain important professional courses useful for law graduates. Few prominent professional courses are as follows:—

The expanding horizons of law can be seen most obviously in emerging corporate management where, in-house lawyers are steadily making it to the top. It may also be noted that in bigger cities, law firms employ a number of lawyers at junior and senior levels who may be linked to departments specialising in particular branch of law. A fresh entrant could start earning from Rs. 10,000 to Rs. 50,000 per month, depending upon the reputation of the institute he/she has graduated from, personal skills and attitudes, location and other factors.

Opportunities for Self-Employment

Besides jobs available to the law graduates, self-employment opportunities are plenty in this area. One has to enrol oneself with the local State/Central Bar Council. After enrolment as an Advocate, he is in a position to practise law in any of the Courts as per rules. A lawyer may be in service or may practise law in a Court. A law graduate may be engaged by various firms of repute to look into their legal matters. He may act as counsel and may appear on their behalf in a Court of Law to defend the interests of the firm which engaged him for the purpose. A legal counsel may take up legal work with several firms, organisations and agencies at a time. He may work as Income Tax Lawyer, Wealth Tax Lawyer, Sales Tax Lawyer or as family legal adviser.

A law graduate may become an author for journals, legal commentaries, text Books etc. Lawyers may act as trustees of various trusts and thus defend the trusts against any legal complications that may arise from time to time. While working in above positions, they may engage junior lawyers in turn to create job opportunities for many more.

Choosing your Specialisation

Out of the plethora of specialisations available in the legal profession, one has to decide a particular field of practice. First consideration in this regard shall be personal liking - whether it is handling criminal or civil or corporate or family dispute cases, or a combination of 2-3 or more specialisations. Specialisation in particular area of law such as Civil, Criminal, Constitutional, Corporate, Labour, Taxation, Intellectual Property or Cyber Law, is beneficial for a legal practitioner in the long run.

There is no end to study law. Each day a lawyer needs to read and research. New cases, new modes and techniques to be drafted for defending one’s client. After LL.B. one may take up LL.M. and further PhD. Higher Studies can be done in India or even abroad. All top Universities of UK and USA such as Harvard, Cambridge, Oxford, LSE, NYU provide for LL.M. giving admission to Indians on the basis of their LL.B. degree from India.