BCI recommends: Lawyers should get a stipend of 15 to 20 thousand rupees, said- earning well is not always possible!
The Bar Council of India (BCI) has recommended a minimum monthly stipend of Rs 20,000 to junior lawyers in urban areas and Rs 15,000 in rural areas. The BCI said that it has issued a circular in view of the financial difficulties faced by junior lawyers in the initial years of their profession.
In fact, the BCI made this recommendation in a communication sent to all state bar councils and bar associations on Tuesday (October 15) after the Delhi High Court directed them to decide on the monthly stipend for junior lawyers on July 25. The BCI has issued a circular recognizing the financial difficulties faced by lawyers in the early stages of their career. The minimum stipend of junior lawyers will be given for a period of at least three years from the date of joining. The BCI said that the guideline cannot be mandatory for all, as there are considerable differences in the financial conditions of lawyers.
"Senior lawyers, advocates and firms are encouraged to comply with the stipend guidelines to the best of their ability, but the Bar Council of India believes that financial limitations should not be construed as an indication of indiscipline or lack of responsibility," the BCI said. BCI further said lawyers in big cities often have higher earning potential due to high profile cases and corporate clients, while lawyers in smaller towns and rural areas may have fewer opportunities and lower paying cases.
BCI further said, "Lawyers practising in high profile areas such as corporate law, intellectual property or tax law may have good financial resources, but those practising in civil, criminal or public interest litigation may face irregular or low income. Financial conditions also vary considerably among senior lawyers, advocates and law firms depending on years of experience, client base and caseload. Lawyers practising alone or working in less lucrative areas of law do not always earn well. Given these disparities, implementation of this guideline cannot be made mandatory for all.'
The BCI suggested that senior lawyers should issue formal appointment letters to junior lawyers, detailing the terms of the stipend, the duration of the appointment and the scope of mentorship provided. Junior lawyers who do not receive the recommended stipend or have grievances related to the appointment can file a complaint with their respective State Bar Council. However, complaints related to genuine financial difficulties will be dealt with, acknowledging the limitations faced by some senior practitioners.
See the circular of BCI's recommendation here- The BCI said that it will constitute a committee to review these guidelines from time to time after implementing them, adjusting the amount of stipend based on feedback and prevailing economic conditions. Let us tell you that in July this year, the Madras High Court had directed that lawyers should pay a minimum monthly stipend of Rs 20,000/15,000 to junior lawyers depending on urban/rural areas respectively.
