BCI recommends minimum stipend for junior lawyers: Some hail move, others say hard to enforce

Several junior advocates, however, felt the amount was too little. A junior advocate who refused to be named said, “I think it’s good that they (BCI) thought of this. But if you ask me, the stipend is extremely low. Our travel expenses are at least Rs 6,000 a month. Any decent house in Delhi costs around Rs 15,000 a month. In 20,000, it would be impossible to sustain a decent life. “Many of us leave our hometowns and come to Delhi, so this amount is very meager. Even a matriculate and non-graduate has a statutory minimum wage of Rs 20,000 in Delhi,” he added.

Advocate Kunal Raj said it is a good recommendation “but it is not mandatory or binding, so I don’t know how beneficial this is going to be for juniors like me.”

For advocate Rehan Khan, flexibility was key. “Some senior advocates who can afford juniors are already paying this amount. If this is made mandatory, then some advocates might not keep juniors at all,” he said.

The BCI circular dated October 15 read: “These amounts will be subject to periodic review based on economic conditions and feedback from the legal community. However, it is recognised that not all senior advocates or firms have the same earning capacity or opportunities, and, therefore, these guidelines should be applied flexibly based on individual circumstances.”

Senior lawyers and bar associations hailed the move but said implementation would be difficult. “There are around 1.75 lakh lawyers enrolled in Delhi. Around 1 lakh are those who’ve been recently enrolled. The suggestion to pay them a stipend is fantastic but there are many challenges… These need to be worked out so the recommendations become a reality,” said Delhi Bar Association president advocate Nitin Ahlawat.

He added that the first two years of the profession are treated as an extension of learning by many junior advocates and exposure they gain from the initial practice is very important.

“The idea is good but… the needs of juniors in Delhi are very different from needs of junior advocates elsewhere. Every year, there are around 4,000 junior advocates who enroll in the Delhi HC. Will it be possible to find so many seniors to place these young advocates?” said senior advocate Mohit Mathur.

New Delhi Bar Association vice-president, advocate Rahul Singh, said he is in favour of the recommendations: “Young lawyers should be provided financial support, especially in the first two years. Many talented minds leave the profession due to financial constraints.”

Advocate Jitender Solanki, secretary of the Dwarka Court Bar Association, concurred, saying the initiative can ensure talented lawyers remain in the field. “It is financially very difficult for young lawyers to sustain despite having academic qualifications. Those lawyers who leave the occupation due to financial constraints can benefit from this initiative. Our talented lawyers shouldn’t migrate to other fields,” he said, adding that lawyers whose parents can incur their financial expenditures for three to four years have a greater likelihood of surviving in the profession.

“… This type of initiative will improve the quality of the legal system by retaining talent,” he said.