Oh! The Judgment of Value

The fee schedule of a senior counsel circulating on social media has stirred considerable debate, highlighting an unsettling intrusion into his privacy. Equally disturbing though, were the oblique remarks and memes shedding light on a skewed perception of success and remuneration for lawyers.

While we are happy to celebrate the fortunes of business magnates and film stars, equating their financial success with a direct measure of their accomplishments and mastery of their craft, the remuneration of lawyers is, by contrast, often subjected to critical scrutiny despite their arduous work hours and relentless dedication.

Our profession has rigorous demands—the long hours, the in-depth reading and research, the constant need to remain updated with the law—a pursuit that entails great personal sacrifice. The path to this success has not come easy to anyone. Unlike in other professions, the gestation to financial success is protracted, with the initial years spent toiling tirelessly and—I dare say—earning almost no money. What senior lawyers earn is not payday; it is pay back!

As a newly minted lawyer, I had the privilege of meeting Dinesh Mathur, Senior Advocate. With a twinkle in his eye, he humorously explained a lawyer’s professional journey in four distinct phases. The initial phase of a legal career is often characterized by an absence of both work and income. In phase two, work is abundant and no income. The third phase marks a period of substantial work and money. And the final phase, he chuckled, 'my phase—no work and lots of money.' As a young lawyer, I had taken this quite literally, but as I grew in years in the profession, I realized that the fourth quadrant of one’s legal career meant that one had amassed so much knowledge over the years that one could draw from the repository of one's knowledge bank. However, this does not mean that a lawyer who has spent over forty to fifty years at the bar no longer experiences the enormity of the demand on their time.

The hypocrisy in the discourse surrounding lawyers' earnings is compelling. The negative connotations associated with the substantial earnings of legal professionals, outside the fraternity, could perhaps be explained by a profound lack of understanding of the gruelling nature of the profession. Therefore, it is perhaps incumbent on us to educate the public that our fees are deserved, and reflective of a highly skilled profession that warrants fair compensation. It is incumbent upon us to champion the nobility of our work and to disavow the damaging stereotypes perpetuated by lawyer jokes, which undervalue the genuine service provided by our profession.

The ability of a 'one-man army' to earn this kind of money should serve as an inspiration and aspiration for society at large. The fee schedule is a testament to the pinnacle of professional success attained after years of hard work, unwavering dedication, and a steadfast commitment to excellence. The financial remuneration of legal professionals, particularly those at the zenith of their careers, should serve as a recognition of legitimately earned monies and a well-deserved reflection of their contribution to clients, to the advancement of law, and the protection of the rule of law.

Markets are a question of demand and supply. Our profession is no different. Those who seek the expertise of a particular counsel do so with the complete understanding that the costs incurred are commensurate with the quality of representation provided. The choice to engage a particular lawyer is driven by the recognition of their skill, experience, and the unique value they bring to the table. The premium they command is an affirmation of excellence.

It is equally important to recognize the pro bono work that lawyers undertake, which is often masked by the discourse on legal fees. Most lawyers dedicate a substantial portion of their practice to offering free legal assistance to those unable to afford representation or to causes of national importance.

As members of the legal fraternity, it is incumbent upon us to foster a culture of mutual respect, support, and admiration for the accomplishments of our peers. By celebrating our successes, we not only strengthen the bonds within our community but also affirm the essential role of the legal profession in the fabric of society.

Whilst celebrating the successes of senior members of the bar, we should also work towards devising mechanisms that convey the role played by lawyers in safeguarding the interests of society at large. Our goal should be to ensure that the benefits extend to the junior members of our community, who often lack fair remuneration. We must create mechanisms to ensure that clients honour their financial commitments to lawyers and work towards making the profession more equitable. Realizing this goal requires bolstering the support systems for young lawyers in conjunction with the Bar Associations and creating sustainable systems that positively impact lawyers' lives and incomes and fortify the entire legal community.

About the author: Payal Chawla is a practising advocate and founder of JusContractus, India’s only all-women law firm specialising in commercial law and disputes.