Juniors must be paid a minimum of Rs 10,000 per month amid COVID-19: Report by Lawyers Fraternity Tamil Nadu on lockdown impact

As COVID-19 continues to pose financial hardships to advocates across the country, the Lawyers Fraternity Tamil Nadu (LFTN) in collaboration with Indian Social Institute (ISI), Bengaluru has prepared a report titled 'Corona Unlocks: the vulnerabilities of the Advocates - A study on the lockdown impacts'. .The report is an attempt to better understand the most affected groups of advocates and also to address issues related to financial vulnerability. .The report was released on July 18 by Justice D Hariparanthaman, former Judge of the Madras High Court at a virtual launch which was witnessed by 57 advocates. The same also saw a participation of 516 advocates and others via Facebook live. .Speaking on the report, Justice Hariparanthaman opined that the vulnerabilities of young advocates must be addressed by the State, the Bar Council and the advocate fraternity. He also lamented that many juniors are not paid well, and that they do not have any support system to lean back on..The study report was prepared by Advocates Joseph Xavier and Santhanam Arokiasamy. Subsequently, it was reviewed by Senior Advocate Sudha Ramalingam and Advocate Godson Swaminath..A questionnaire was prepared seeking comments of advocates, and Google forms were used to collect data using email and WhatsApp communication channels..A total of 170 advocates practicing both in the High Court as well as the subordinate judiciary responded to the questionnaire, on which the report is based. 78 were lawyers practicing in the High Courts and 75 respondents practiced in the district courts. Only about 15 respondents practiced at the taluka courts..Profile of Participating Advocates .Gender Gap .Firstly, the report noted the glaring gender gap among the participants. Of the 170 advoactes, 145 were male and only 25 were women..Age Group.There were 58 respondents between 25–35 years of age. Between 36–50 years, there were 81 respondents, and between 51-70 years, there were 31 respondents. .Years of practise .The chart below shows the years of practise of the surveyed advocates. .Earning status .113 (66.5%) advocates stated that they were independently earning through their professional services; whereas 30 (17.6%) advocates received monthly or periodic payments as they were attached to law offices, firms, banks or worked as counsel to institutions..About 27 (15.9%) were going to court as juniors without any sort of regular income..The report reveals that 29.4% of the respondents had to borrow loans or sell jewels to sustain their livelihood during the COVID-19 pandemic. Only 10% of the surveyed advocates indicated that they received monthly salary from their respective offices. .About 50% of them revealed that they had survived during the lockdown with the help of savings/other investments. It is evident from the graph that the other half did not have any back up support and that they were solely dependent on income generated through their professional services..Support for Advocates .It was observed that only 26 surveyed advocates received support from their seniors, 22 of them from the Bar Association and only 7 received support from the Bar Council..Adding on, the report stated,."While many respondents complained that both the Bar Association and the Bar Council were not proactive in responding to the needs of the advocates at this moment of crisis, some complained that the criteria used by the Bar Council for selection of beneficiaries was not fair and just.".Most affected Advocates and Clients.As per the data given by the surveyed advocates, juniors with no monthly payment appeared to be the most financially vulnerable set of advocates. .While this was the case with advocates, the report goes on to show that the most affected group of clients were prisoners and domestic violence victims. .Video Conference hearing and E-filing .The report also touches upon the point of video conference hearings and how advocates in the state are adapting to the change. The report points out that only 24.1% of the respondents utilised e-filing of cases. .Further, only 21 advocates were of the view that that e-filing and video conferencing were helpful in conducting cases speedily. .Some advocates stated that they could not afford phones that supported an internet connection. The report states,."Virtual hearing was something new and many advocates were unprepared and untrained. Some even commented that they could not afford to have video call facilities. Having an internet connection was a luxury. For many advocates, mobile phones were the only virtual connect instrument. Virtual hearing is considered non-viable for trial courts, as examination of witnesses require their presence for effectively rendering of justice."Survey Report .Efforts taken by State Bar Council .On the efforts already taken by the State Bar Council for advocates in need, the following observations were made by the report. .After identifying the various issues faced by the poorer sections of advocates, the report also makes an effort to make a few recommendations to the state government, the Bar Council of Tamil Nadu and Puducherry, and the legal fraternity in general..Recommendations to state government and Bar Council of Tamil Nadu .Create a corpus or emergency fund to aid the advocates during emergency situations as they are not salaried class. Banks demand collateral security which many advocates cannot afford. Bar Council and Bar Associations should come forward to give guarantee for recovery to banks so that the banks can provide loans to the needy advocates with minimum interest.Create a cooperative bank or thrift society in all Bar Associations from which advocates could avail loans.As the current insurance scheme for the advocates covers only accidents, a General Health Insurance for the advocates and their family members must be guaranteed, with minimum premium contribution from the advocates.E-filing and videoconferencing facilities should not be thrust on the advocates. However, if this case is inevitable, then the state government should invest in establishing high speed internet kiosks and should train the advocates free of cost as part of judicial reforms..Recommendations to Advocates .Senior Advocates must start paying juniors a monthly fee of 10,000 or an amount equivalent to the minimum wages, so that the young advocates may feel motivated and dignified. This will also ensure that their basic needs are met. Advocate Fraternity must continue to help by representing the poor and the downtrodden even amid COVID-19. Practicing junior advocates must be attached to law offices and the offices, in turn, should take care of their welfare. This would help the advocate fraternity to maintain a certain distance from the government in terms of financial assistance and thus, keep intact the dignity of the profession..The report concludes by stating that all the stakeholders must wake up to the realities of the hardhsips caused by the COVID-19 pandemic, and explore different ways and means to safeguard the interests of advocates in need. .[Read report here]