Bar & Bench spoke to lawyers from across India - both senior and junior - to find out how much (if at all) litigating lawyers pay their juniors. What are the trends and practices across different cities? How do some lawyers justify not paying their juniors?
In the latest segment, we spoke to lawyers practicing in Jammu & Kashmir, many of whom stressed on the need to for better pay, for the legal fraternity to prosper.
While designated Senior Advocates pay decently well, many junior lawyers who practice in trial courts are disillusioned with the profession for want of even a basic stipend.
Former Advocate General and Senior Advocate RA Jan batted for better renumeration to juniors, while also fastening on senior lawyers the responsibility to create a conducive atmosphere for new entrants into the profession.
Mentoring lawyers who have now become successful Senior Advocates has been a "matter of special privilege" for Jan, who has six junior lawyers working in his chamber at present.
He pays them on the basis of their experience.
"The senior associates earn around ₹40k to ₹50k a month, whereas a junior associate starts with ₹20k to ₹25k a month. In addition to that, I encourage my juniors to do their own work as well, for which my office acts as an incubator where everything is at their disposal," he said.
The profession does not disappoint those who enter it wholeheartedly, Jan believes.
"The initial rough patch always passes, leading to prosperous times. The key is persistence and perseverance. Remember, it's a marathon not a sprint," he suggested.
Echoing similar sentiments, Senior Advocate Jahangir Iqbal Ganai endorsed the comments of Chief Justice of India DY Chandrachud calling for juniors to be paid better.He pays the three associates in his chamber ₹25,000; ₹20,000; and ₹15,000 a month, repsectively.
According to Senior Advocate Faisal Qadri, financial constraints derail the influx of promising young talent into the legal arena.
"Financial stability is an essential part of overall encouragement of young legal minds, as many a time, the best minds are lost due to financial insecurities. As responsible members of the bar, it is our duty to provide a secure platform to harness the skills of young lawyers. At the same time, remuneration inculcates accountability, which is essential for the growth of professionals," he said.
Qadri's team includes 10 advocates, where freshers are paid a fixed monthly sum of ₹10,000 per month, which can go up to ₹40,000 depending on skill.
"There are no restrictions for them to take independent briefs. The support staff in addition to monthly salary, are medically insured. They are further entitled to a minimum 10% clerkage," he added.
Independence and freedom of thought, he said, were the cornerstones of the legal profession.
"The idea of financial assistance by the government or the High Court seemingly disarrays the independent growth of a young law graduate," he said.
Senior Advocate Sunil Sethi, on the other hand, opposed the idea of stipends to juniors. arguing that he took care of their financial needs. He opined that the profession requires perseverance and skill to shine.
"I have 21 advocates and 12 staffers. I don't believe in concept of juniors and seniors. They are all sons and daughters to me and I take care of their financial needs like a father. I am personally opposed to stipends to advocates. It (profession) is tough and needs skills and perseverance to excel," said Sethi.
When Syed Sajad was designated as a Senior Advocate, he felt a stronger need to pay basic renumeration to junior advocates. He believes that the main objective of law practice is service to society.
"I felt that the entrants should be provided a basic stipend to sustain themselves in the profession, and at the same time, develop the urge to learn, serve rather than falling into the trap of cheating litigants of their day to day needs," he said.
Sajad has 10 juniors to whom he provides basic necessities apart from a "free hand" to become independent professionals.
"I pay ₹30,000 onwards to my juniors," he said.
Tajamul Islam works as an associate with a lawyer who practices at the Additional District and Sessions Court in Baramulla.
He said that the concept of stipend was "totally missing" in trial courts, including the court where he practiced.
"My senior pays me nothing and he is not even interested in talking about stipend. I am not interested in doing the extra work he assigns. It is very painful that a law student interested in litigation has to opt for another profession," said Islam.
Another lawyer, Simran Qayoom expressed her disappointment on getting paid no money, a reality she said was prevalent for most women advocates in Srinagar.
"I am very disappointed from this profession. I am planning to leave this profession to do something else where I could earn at least something equivalent to daily earnings of a labourer. Many junior lawyers are disturbed, but they are not speaking openly due to the reason that they shall be thrown out from their respective chambers after saying anything on stipends," she added.
Advocate Shivani Sharma reiterated that women lawyers should be paid well by senior lawyers.
"I belong to a remote village situated in Jammu's Akhnoor. I have rented a room from where I go to court everyday. I get paid ₹200 to ₹300 a day from my senior, which is not a satisfactory given my daily needs and expenses on the professional front. I strongly believe that women lawyers should be paid a minimum of ₹10,000 to ₹15,000 stipend every month," emphasised Sharma.