CAREER IN LEGAL SERVICES

December 25, 2013

INTRODUCTION

Along with engineering, medicine and civil services, the legal profession, is one of the more respectable careers, and so, highly sought after.

Law is one of the most basic social institutions. It establishes the rules that define how society will live, and each individual's rights and obligations. It also determines how the state will enforce the rules to maintain law and order, and prescribes penalties for those who break these laws. Therefore Law is one of the popular career choices in our country for a long time. Those whose families have been into the profession for generations in India usually opt to study law too. However, to become a lawyer it is not mandatory to have a family background in law neither is it necessary that you belong to an affluent family. Anyone can choose to study law as long as one has the passion for it. Lawyers are needed to interpret laws and safeguard the rights of the citizens. The job of a lawyer is challenging and also satisfying.

Lawyers got a status in 1707 when Queen Anne finally gave them a charter recognizing them as professionals. This was her very last act before her death and the entire profession went into mourning in memory of their queen and wore black robes, a tradition they keep till today. From writers to politicians to freedom fighters, lawyers have donned many hats. Mahatma Gandhi, Dr Rajendra Prasad, and Abraham Lincoln – all these were lawyers.

Have you seen courtroom dramas or serials like ‘Adaalat’, did their method of judgement excite you? If yes then before choosing law as career you have to consider the fact that while law is a fascinating career, the notion is slightly less exciting in reality than the TV serials make it out to be. Work is tough and involves a lot of responsibilities. Often you hold somebody’s future in your hands.

There are many branches in law. Lawyers may specialise in a particular branch of legal work, such as :-

· Corporate Law: This branch deals with the legal entity known as the company. It has become one of the most lucrative of practices following the economic boom. Every acquisition, merger, deal, public listing or de-listing requires dozens of lawyers working frantically to ensure that it goes smoothly and in accordance with the law. Corporate law requires individuals who are patient and have an eye for detail.

· Criminal Law: Certainly the most glamorous of all legal practices, it is also one of the demanding. It deals with those cases in which a person has broken the law in a manner which is deemed criminal allowing the state to initiate procedures against him. one deals with offences against society or state. "You need a special mind for criminal law," says Iqbal, "You have to be analytical and be one step ahead of the opponent. You have to ask questions that nobody else can think of: why did he do what he did? Why did he not do what he did not do?"It is, however, one of the most lucrative. One can easily charge Rs 50,000 for a single bail application.

· Civil Law: This branch deals with property transactions, wills, trusts, torts etc. deals with concerns of private rights of individuals, handling damage suits, breach of contract suits, drawing deeds, wills, mortgages, acting as trustee or guardian, etc.

· Family Law: Also known as marital law, this is the branch that deals with marriage, divorce, adoption, custody

· Tax Law has a tuned in focus on income tax, estate tax, real tax, franchises, problems of inheritance, etc.

· Corporation Law deals with advising corporations on their legal rights, obligations, privileges; studying statutes, constitutions and ordinances; and, helping the corporations to make the all-important decision of whether to go in for a suit at all.

· International Law specialises on treaties, customs and traditions observed by nations in their relations with one another.

· Labour Law deals with workers, their associations, working conditions, workers’ rights and duties, etc. Frequently, a lawyer specialising in labour law is called upon to sort out issues between management and employees in firms.

· Real Estate Law covers conveyance of property, search records and deeds to establish titles of property; acting as trustee for property; and, drawing up legal documents for deeds and mortgages.

Other branches includes:- Constitutional Law, Company Law, Excise and Customs Law etc.

Here are some main reasons why a career in law is worth pursuing:

· Growth, knowledge and opportunity to excel in diverse fields of law such as civil, criminal, employment, tax, real estate, and so on.

· With expertise and experience, the possibility of securing high fees implies economic growth as well.

· Prestige, fame and respect associated with the profession.

· Evolving and dynamic nature of the legal profession.

· An opportunity to contribute to the society’s welfare by taking up cases that can have significance for the society as a whole.

India is a country with one of the highest litigation rates among its population and Sir Ivor Jennings termed the Indian Constitution “a lawyer’s paradise.” Talented lawyers will never have to worry about their income. The sky is really the limit, for those who have a sharp analytical mind, powers of logical reasoning and concentration. Law career is fast emerging as one of the most lucrative professions. Lawyers in India are held in high esteem, because their services and legal advice are required to help people whenever they face legal hassles or need law advice.

NATURE OF WORK

General: To work in government, lawyers can join the Indian legal service or the State legal service, after qualifying in the Law Service Commission, or the State Public Service Commission entrances examination. Those who are selected, join as munsif is a district court, and move up in time to the post of district and sessions judge, or to senior positions in the judiciary and revenue departments.

A majority of lawyers take up jobs in law firms or private practice handling civil and criminal cases, matters of property, inheritance, contract and commercial issues, theft, murder, crimes against society or the state and so on.

An advocate pleads in court and is actively involved in litigation. He decides what legislation and what precedents are relevant in a particular case. He offers legal advice to clients on a wide range of subjects, from personal to business matters. In the event of a case going to court, the advocate takes up the case on behalf of the client.

If one decides to become an advocate, he begins as a junior assistant to an advocate, performing routine jobs like filing, researching, securing adjournments and, of course, attending court with the senior.

Specific: Other options for lawyers include publishing of law books and journals, journalism, or teaching and academics. With some years of experience you can also opt to work as a legal expert in international organizations such as the International Labour Organisation, the World Bank, and the UN, in particular the United Nations High Commissioner for Refugees (UNHCR).

Very little of modern legal work has anything to do with court. Much of corporate and civil law is paperwork -- drafting agreements, contracts, wills etc. Many firms specialise in this documentation and hire litigators only on a fee basis.

The jobs involve giving legal advice and representing clients in legal matters. Lawyers as advocates and advisers in court, present the facts of the case to the judges, cross examine witnesses and finally sum up the reasons as to why the court should decide in their clients favour. Lawyers also work in the legal department of firms, in defence services, as political advisers, in government legal services, with the judiciary as Magistrate, District and Session Judge, Munsif, Public Prosecutors, Solicitors, Attorney General, Advocates etc.

CONDITIONS OF WORK

Lawyers do most of their work in offices, law libraries, and courtrooms. They sometimes meet in clients' homes or places of business and, when necessary, in hospitals or prisons. They may travel to attend meetings, gather evidence, and appear before courts, legislative bodies, and other authorities.

Salaried lawyers usually have structured work schedules. Lawyers who are in private practice may work irregular hours while conducting research, conferring with clients, or preparing briefs during non-office hours. Lawyers often work long hours, and of those who regularly work full time, about half work 50 hours or more per week. They may face particularly heavy pressure, especially when a case is being tried. Preparation for court includes keeping abreast of the latest laws and judicial decisions.

Positives/Negatives

Lawyers like other professionals such as doctors and chartered accountants require experience to polish their skills and become valuable for their clients. Therefore, it is time which helps a lawyer become effective. Candidates determined to succeed in the profession have to be patient in the initial phase of their career. However, there is no limit to success and money as well as power for a lawyer. Lawyers are not only respected but also help people in their battle for justice.

HOURS OF WORK

· Court hours –10.a.m. to 4.00.p.m.

· Office hours –Evening hours for discussion with clients and planning for the next day.

HEALTH AND/OR ACCIDENT HAZARDS

· Can have cervical spondalysis, obesity because of long sitting hours.

· Blood pressure, stress always because of daily pressure as for lawyer everyday is an exam

EARNINGS

Initially low salaries dissuade some people from signing up for this profession. But this amount increases substantially, depending on where you are working. Successful lawyers are among the wealthiest in our country today. Moreover, law graduates passing out from the top law schools are being offered salaries on par with MBAs. International organizations often pay in dollars as well and the UN provides very good tax-free salaries. Moreover, as lawyers become partners in law firms after some years of experience, they can make a lot of money.

Whereas a lawyer who wishes to start practicing in a court can get a stipend of Rs 5000 to Rs 40,000 depending upon the advocate he is associated with, a law graduate working with Legal Process Outsourcing can earn attractive salary in the range of Rs 20,000 and Rs 50,000. It is a very high paying profession, but depends largely on the calibre, popularity and success of the candidate. The college you graduate from is another factor

An articled clerk or apprentice usually gets a stipend of Rs. 2,200. Private practitioners get good packets. For those in government service, it could be in the Rs. 2,000 to Rs. 4,000 range. When a person gets appointed as sub-judge, he begins at Rs. 5,500 plus the benefits and perks that all government employees are entitled to.

ELIGIBILITY

The basic qualification required for establishing one in the legal profession is a law degree i.e. (LLB - Legum Baccalaureus). The degree in law can be obtained at two stages :-

(1) After graduation in any discipline, one can take up a three year LLB programme from any recognized University in the country.

(2) Five year integrated programme after successful completion of 10 + 2 or equivalent examination.

The LLB course is regulated by the Bar Council of India which sets rules and regulations regarding legal practice in the country. Any specialisation is done at masters, MPhil or PhD stage. A higher degree helps candidates get jobs in academics. A candidate can start preparing for law entrance exam conducted at national level for 5 years’ BA LLB at various National Law Schools soon after completing the senior secondary exam.

The national law entrance exam, CLAT (Combined Law Admission Test) basically tests the student’s general English, legal aptitude, general awareness, logical skills, etc.

PERSONAL ATTRIBUTES REQUIRED

The sky is really the limit, for those who have a sharp analytical mind, powers of logical reasoning and concentration; argumentative abilities, presence of mind; confidence and excellent communication skills.

Law is a career which requires loads of patience and logical skills. It takes loads of hard work and dedication to become a successful lawyer. First generation lawyers particularly face numerous problems in their profession as is true of every other profession. It becomes easier if one trains under a Senior Counsel in the beginning of their career. This is not to say that newbies cannot make it own their own. Anything is possible with determination and of course, hard work. Great communication skills and a faculty for critical analysis and articulation are pre-requisites for lawyers. Therefore, one should analyze these points before opting for law as a career.

Other skills that are also essential are listed below:

ü Confidence

ü good intellect,

ü Listening skills

ü Commercial awareness

ü Power of logical reasoning,

ü Team work and people skills

ü Self-motivation and initiative

ü Research, and problem solving

ü Ability to organise and prioritise

ü ability to assimilate and analyze facts,

ü character and mental and physical stamina

ü ability to discuss matters with all types of people,

ü powers of concentration, patience and perseverance and

ü good judgment to distinguish the relevant from the irrelevant.

JOB OPPORTUNITIES

Legal profession is one of the growing and lucrative profession all over the world. It offers exciting opportunities as an Advocate Magistrate, Judge, Counsellor, Teacher, Social Worker, a legal correspondent etc. With the entry of multinational companies scope for lucrative job opportunities has further increased. Multinational companies are taking law graduates as law officers in their companies on the basis of campus selection and offering very good perks. Besides jobs available to the law graduates, self-employment opportunities are plenty in this line. One has to enroll one self with the local state central Bar Council. After enrolment as an advocate he is in a position to practise law in any of the courts as per rules. There is also scope in Defence Services in Executive branch Cadre Posts.

Top Companies

Some of the top law firms in the country are:

· Amarchand Mangaldas

· AZB & Partners

· J Sagar Associates

· Khaitan & Co

· Luthra & Luthra

· Trilegal

· Desai & Diwanji

· Singhania & Partners

· Titus & Co

· Wadia Ghandy & Co

· Lakshmi Kumaran & Sridharan

· Economic Laws Practice

· Vaish & Associates

Lawyers generally practice before judges in the Subordinate courts, Administrative tribunals, High courts and the Supreme courts.

TYPICAL PLACES FOR EMPLOYMENT

· Corporate Counsel: They play a significant role in providing advice regarding the working and transactions of a company. On behalf of the company or its subsidiaries, they undertake legal services such as drafting, vetting, networking and negotiating contracts and resolving legal disputes, just to mention a few.

· Litigation Law Firms: Litigation law firms specialize in offering litigation solutions to their clients. The cases may vary in nature but a good litigation firm will accept all cases and represent clients in courts.

· Bank Officer: The work involves drafting, vetting and resolving legal claims. Typically, in nationalized banks, the eligibility criteria includes two to three years of practice and expertise in banking and company law before one can apply for the post.

· Company Secretary: A law graduate, who has penchant for company related matters, can find employment as a company secretary in a corporate house. It pays very well and there is great opportunity to put skills and knowledge to test. However, advocates in the profession do not consider it as part of advocacy.

· Academics: A law graduate can also take up research or make a profession in academics by teaching. Those who want to teach tend to opt for part time work.

· Career in Legal Writing: After completing law, a law graduate can pursue legal writing as a profession. With good writing and researching skills, a legal writer or law reporter can represent facts pertaining to legal developments across domains, research and write about it for law publishers, reports or even blogs pertaining to law.

· Social Work: A lawyer can become a part of a NGO and stand for social issues and causes. Usually, the NGOs opt for advocates with experience.

· Judicial Service: It involves public service and a position of considerable honour in society. However, it requires tremendous hard work and dedication for practicing lawyers to pass the exams for subordinate judge.

ADVANCEMENT AND PROMOTIONS

There are a plethora of opportunities for a law graduate. One can either practice as an advocate in a court of law or work with corporate firms. By clearing exams conducted by Public Service Commissions, a law graduate can become a judge. After gaining experience, a law graduate can hope to become Solicitor General, a Public Prosecutor or offer services to government departments and ministries. One can also work as a legal adviser for various organisations. Teaching in colleges, working with NGOs and working as a reporter for newspapers and television channels are other attractive options.

Some educational / training institutions

1. Faculty of Law, University of Delhi

2. Banaras Hindu University, Varanasi

3. NALSAR University of Law, Hyderabad

4. National Law School of India University (NLSIU), Bangalore

5. Gujarat National Law University (GNLU)

6. Symbiosis Society's Law College (SSLC), Pune

7. National Law University, Jodhpur

8. National Law Institute University (NLIU), Bhopal

9. ILS Law College, Pune

10. Government Law College, Mumbai

11. Amity Law School, Delhi