The 3 biggest challenges nearly every first-generation advocate will face (and some sound advice) by @atti_cus

Nice suit
Nice suit
How can a first generation litigator survive? Advocate Dushyant Arora gives some handy tips.

An up-at-dawn, pride-swallowing siege that I will never fully tell you about, ok?”

This is how Tom Cruise describes his relationship with Cuba Gooding, Jr in the movie Jerry Maguire.

It is also how most first-generation, financially self dependent, ill-networked litigating lawyers will describe their initial years at work.

The following nuggets of wisdom are a result of several ‘interesting’ experiences (to put it politely) that I and some of my friends have gone through.

1. Money. There will be very little of it, if at all.

A well known senior lawyer practising at the Delhi High Court once told me:

Juniors should be grateful for anything they’re paid for the ‘first few years’, after all, college doesn’t even teach the basics of practising in courts.

Juniors at his office start with a monthly salary of Rs 5,000. He’s a generous man.

One of the most successful lawyers in India doesn’t pay his juniors a dime for the first one year.

The chances of working with a well-paying lawyer/law firm are very few unless you’re from one of the national law schools or belong to a well-connected family.

Wait, scratch that.

The chances are very few, simply because there are very few lawyers / law firms which pay a respectable amount.

Two reasons are offered by most lawyers:

a) Law School leaves you ill-prepared for practising before courts.

It takes a few months before a fresh graduate is of any use for an experienced lawyer.

There is a fair bit of truth in the first half of this reason.

The irony however is that the Bar Council of India, which is a body of several accomplished lawyers, regulates law schools.

So basically, lawyers decide what/how law will be taught, only to (rightly) claim later that the training imparted by a system they regulate isn’t good enough.

b) ‘You shouldn’t even think about money when you start, you should focus on work.

Believe it or not, the practice of paying juniors a pittance is considered a proud custom.

Senior lawyers speak fondly of how even they weren’t paid anything respectable when they started and emotionally communicate to the fresh graduate that the baton of this custom is being passed on to him/her.

I’ve heard instances of lawyers taking offense at their associates asking them how much they will be paid.

Advice: Try to compensate for what law school doesn’t teach you by working hard in your internships and don’t hesitate from having a polite and honest conversation with your senior about your remuneration (or lack thereof).

2. Prejudiced and sometimes predatory clients

Everyone wants to get Harish Salve and Ram Jethmalani to fight their case.

Those who can’t afford them / don’t have the kind of cases these lawyers take, go to other lawyers.

Clients, like banks, want to give you their money / work if they’re reasonably certain that you don’t need itSince lawyers are prohibited from advertising, how does a litigant decide which lawyer to engage? The answer is a combination of “Let me ask my friends / family / colleagues” followed by an analysis of how big the office / cars / clientele of the lawyer in question is.

“He’s so rich, he must be a good lawyer’ is the popular perception. Clients, like banks, want to give you their money / work if they’re reasonably certain that you don’t need it.

They assess these needs by how fancy your office is and how many cars you have. (Yes, they do.)

Some Clients even try to exploit young lawyers if they know that the lawyer in question is desperate for work.

Payments will be delayed and sometimes never made.

Some people offer tons of future paid work if only a particular assignment is done for free.

The work never comes, of course.

Advice: To counter the prejudice, try and work out an office sharing relationship of some sort with a friend or a senior - it will make a major difference. Do not share with your clients that you’re struggling. To put it very crudely, fake it till you make it. To counter the predatory tendencies, always request that a part of the fees is paid in advance to you. If this isn’t possible and the work represents a great learning opportunity, do the work expecting that the promises made to you will not be fulfilled, it will prevent disillusionment.

3. Your family will be the brand ambassador of an MBA Degree

Mom, I had a great interview with a lawyer I applied to and I’m starting work tomorrow. Congratulations beta! What is your annual package? Beta?

Beta?

1 year later:

Beta there’s still time, why don’t you pursue an MBA and get a ‘Normal’ Job’?

If your family isn’t aware of the unique customs of this profession, chances are you will have a hard time convincing them that you’re not supposed to even ‘think about money for a few years’ while sacrificing any notions of work-life balance that you or your loved ones may have had for your life.

You will be constantly reminded of all your cousins and friends who, having attained the popular MBA degree, have ‘settled down’ with good ‘packages’.

Advice: Talk to your yourself and then your parents about your reasons for doing this. Persevere.

This post isn’t meant to discourage aspiring lawyers.

If you’re passionate about practising law, there are few professions which are as fulfilling and as challenging.

Also, for those of you who care, make sure the next generation doesn’t have to go through the same obstacle course that you did, for starters by paying a respectable amount of money.

Dushyant Arora is a Delhi-based advocate. He tweets at @atti_cus

Comments

anony 25 Dec 2014, 04:48
+12 -3
Hi,

I have an MBA degree from pretty much the best there is in India. and am a lawyer. In litigation. In Delhi. for a decent amount of time.

I do law as well as a lot of management. to be honest doing the MBA was the pretty much the best decision I could have taken.

so have issues with the last point.

Rest, yes, I agree.
Free Gyaan 25 Dec 2014, 08:11
+18 -6
Some simple advice to wannabe 'independents':

1. A simple degree in law is theoretically enough to get you to practice law, but to get the right network and the right 'distinguishing'/'differentiating' factor in your life and on your CV, get a CA or MBA (only top-rung b-schools please).. unless of course, family is socially "up" there.

2. Teach in B-Schools - assure yourself of about 40-50 K every month by teaching in B-Schools on weekends. For the first few quarters, this may be just about all you end up making!

3. Network like mad - no occasion is too small or boring ;

4. If possible, find a partner/spouse who can help you through (food/shelter) the first few years. Post which you better return the favor! :-)

5. Stay alert like crazy - opportunities come un-announced and in the strangest places. You Snooze, You Lose!

6. Relax and take it easy. No practice worth its name/salt was built in anything less than 12-15 years. Put in the hard yards, hang on to your integrity (after all, its the only precious thing you May have!) and hang in there..

7. No publicity is good publicity, initially at least. You can't be screaming from roof-tops about how good you are at This or That.. you are what your clients say you are good at. Period.

8. Find an unconnected passion - art, music, dance, photography, sports, trekking, diving - whatever makes you glow. And whenever you feel like the walls are closing in, just Do That - find 'yourself' and jump back in to the heat and fever of things.

9. Have no expectations, but Keep Investing in people. This can be the most difficult part. You will keep seeing the lowliest of human beings seemingly succeed in many ways. Believe me, the 'returns' from a single grateful person is greater than the pain of a dozen ingrates who seem to have forgotten what you did for them.

10. Stay positive. We have only One Life. It will be whatever you Want it to be. No time for lingering on pain or negativities. The world is enough. Or not enough. Your Choice.

LLM, MBA (from two Tier-1 B-Schools).. Sanad of 1994, ex-AM, independent practice of over a decade.
JRD 26 Dec 2014, 06:32
+2 -1
Excellent Gyan.
sawalia nishan 31 Dec 2014, 10:45
+2 -2
Was that an executive MBA or the full fledged 2 years course?
Free Gyaan 3 Jan 2015, 04:51
+3 -1
Nishan-e-baaj, the first was a 3-year exec program in HR (quite a waste really), followed by a 2-year residential one in finance.
anony 4 Jan 2015, 05:07
+1 -0
@Sawalia nishan

full time. residential. from one of top 3 B Schools in India. (from author of post 1)
Guest 5 Jan 2015, 06:32
+4 -7
[quote name="anony"]@Sawalia nishan

full time. residential. from one of top 3 B Schools in India. (from author of post 1)[/quote]

How proud you are ! Four years spent pursuing MBA from a "top 3 B School" (which means the third best in your opinion LOL) and you get back to law practice. Dude, either you have loads of time to burn or money to burn, most probably both. You sound pretty confused too.

your advice of "[b]get a CA, get an MBA[/b]" is pure [b]rubbish [/b]and [b]misleading[/b]. Unless someone has an unca judge / senior / sugar daddy these qualifications are BS. The BA LLB with good grades and hard work is the only way to have a shot at success.

By the way "ex-AM" means nothing. Ex-AM lawyers are more common than stray geckos these days and will most probably become even more common.
anony 7 Jan 2015, 15:57
+2 -0
I am the author of post 1. and 1.2.3 and now of this post.

Not of other comments. The advise given at post 1.2 is not me.

I am not Ex AM. And that is not my advise. under post 1.2 i.e. under pseudonym "free gyan"

I attended IIM Calcutta.

I have nothing against AM. neither do I have anything for them.

MBA gave me lots of business gyan. I took the course majorly from a networking purpose. but frankly the business education, pretty much blew me away.

It involves more math than you can imagine and the doors that open are slightly more than purely for a lawyer.

should every lawyer do it ? your call.

take care.
Free Gyaan 9 Jan 2015, 12:02
+0 -3
Second that, Anony, although B-School-wise I'm your 'rival' from Jampot :-)!

Extremely difficult for a classic "i'm-the-end-of-the-world" lawyer to even Imagine what it is to undergo a 2-year residential program in management from a highly competitive premier school, so maybe we should stop trying to explain.

At the risk of sounding highly conceited, I daresay that across all of India, there may be, in legal practice as of now: CS/LLB or CA/CS/LLB - a few dozen, US/UK LLMs - a few hundred, top Indian B-School educated (2-year residential programs) - a dozen or so, US/UK Ivy-League MBAs (Harvard/Oxford/Stanford/Yale, year-long or more residential programs) - perhaps 4 or 5... and Ph.D's from such premier institutions, perhaps as rare or rarer still.

How it helps etc, is not easy for any other [BA/BSL/BLS - LLB] to understand - so all kinds of stray gecko comments are likely to be unleashed when clear That is one summit too far.

1.2.3.1 calm down, dude... life is long.
Guest 12 Jan 2015, 17:53
+5 -0
[quote name="Free Gyaan"]At the risk of sounding highly conceited, I daresay that across all of India, there may be, in legal practice as of now: CS/LLB or CA/CS/LLB - a few dozen, US/UK LLMs - a few hundred, top Indian B-School educated (2-year residential programs) - a dozen or so, US/UK Ivy-League MBAs (Harvard/Oxford/Stanford/Yale, year-long or more residential programs) - perhaps 4 or 5... and Ph.D's from such premier institutions, perhaps as rare or rarer still.[/quote]

What do those statistics prove? That sensible lawyers who want to do lawyering realise that spending two years doing an MBA will not prove very useful.

Here's another statistic: How many senior counsel in India have an MBA? [b]Zero[/b]. How many partners at the top firms (AMSS/AZB/Luthra/Trilegal) have an MBA? [b]Zero[/b]
Now why would that be? Hmmmmm wonder why that is...... surely not because of the "mind-blowing" stuff they teach at B-school.

[quote name="Free Gyaan"] How it helps etc, is not easy for any other [BA/BSL/BLS - LLB] to understand - so all kinds of stray gecko comments are likely to be unleashed when clear That is one summit too far.[/quote]

The only geckos here are the unfortunate few who thought it's "cool" to do an MBA and feel "cool" about at. Sadly that piece of paper hardly helps a career in law. Now if you want to become an entrepreneur (in a non-law field) maybe it will help. But not to become a more successful lawyer.

But cheer up boys and girls, I'm sure there are worse things in life than being an unsuccessful lawyer with an MBA. LOL
Free Gyaan 15 Jan 2015, 04:30
+2 -1
And so, what one lacks in education, one (thinks one) makes up in attitude..? Tch Tch. Amen.
Watching from Bombay 25 Dec 2014, 06:08
+7 -0
Good Article. Just one thought, I dont think it is sound advice to say ".....fake it till you make it.".
Simba 5 Jan 2015, 11:42
+6 -0
I think it's great advice. There's really no other way.

I'm faking it right now, but imperceptibly, I'm also making it :-)
RK 25 Dec 2014, 06:44
+0 -0
Good advice. Thanks
Naushad Shafkat 25 Dec 2014, 08:02
+12 -0
This is so so true. Every student pursuing a law degree must read this before he applies for admission to a law college. It is frustrating for a junior to see his senior make tons without sharing especially if the junior has spent some time on the case. Would suggest that juniors be paid at least a decent sum so as not to discourage them. But then maybe that is exactly the reason they are not paid.
links 25 Dec 2014, 10:49
+1 -0
Excellent post with some very smart observations.
hazed 25 Dec 2014, 17:01
+45 -2
the legal profession is bound to remain an elitist, sexist, family dominated one if status quo is allowed to be maintained. it will be extremely difficult for a person in his/her mid 20s to survive on his/her own with the pittance that is paid as remuneration. lust for 'experience', 'thrill' and 'knowledge' will quickly evaporate due to the heat of the empty stomach. a person of limited family means should not enter this death trap. period.
anony 26 Dec 2014, 04:15
+4 -0
but people still do.

not because they have a choice. but because they don't.
JRD 26 Dec 2014, 06:25
+8 -0
Very good article, I have seen what young lawyers go through and I entirely agree. Fortunately for me, I became a lawyer at the age of 66 after I 'retired' from the business world and had made all my money (which incidentally is not much but it enables me to live comfortably without having my own private jet). To my mind one of the best, and perhaps only, reason for becoming a lawyer is what the character of Tom Hanks says in the movie 'Philadelphia' when asked by his lawyer (played by Denzil Washington) when he his on the stand and is asked why he loves being a lawyer, he says "Because once in a while you actually get see justice done."
DBS 26 Dec 2014, 08:15
+2 -0
if you do MBA from an average college, there is a good chance you will be paid not more than 35k per month & that is if you are lucky to bag a job! This after spending 5-8 lakhs on MBA College Fees!
I know of MBA passout's working for 20k per month. MBA is not all that hunky dory that it used to be!
Offcourse Litigation comes with its own trials & tribulations & frustration!!
vijay 26 Dec 2014, 08:42
+0 -0
Interesting. If all juniors agree to all that you have said believe me its great opportunity for all of you to explore. You are junior till you yourself believe so...otherwise law treats you at par with any other Advocate and gives you an option to appear against any Seniors. If you keep target of say 2xwhat your sr.is willing to pay you and target 2 clients to serve per month then you should be making good practice and making 4 times than what your Sr. are offering me.

Always bear in mind that the client is good paymaster and your mentor too if you are ready to serve him.
All Seniors are made by their Clients only and they climbed the ladder from step 1 to the top.

For client work or for mentoring or for clarity you are welcome to contact me on
Sound Advice 26 Dec 2014, 09:48
+9 -3
On the practical front, as a senior managing a team of lawyers, few pointers to share are:
- Don’t loiter. Your firm pays you for your hard work and not for loitering around.
- Sitting and gossiping from 9am-4pm and then working from 4pm - 12 midnight is not intelligent working. It just indicates there is no one at home to go to!
- Stay away from nasty politics. Avoid blame games.
- Learn to take onus of your work. Do not eppect to be spoon fed.
- Do not be so full of yourself. Having LL.B/MBA/LL.M does not mean seniors will get up and offer their own seat to you!
- Never attend meetings without a notepad and pen.
- Reach office on time.
- Adhere to the guidelines and policies of the firm. Freedom to work as one pleases does not come from Day 1.
- Don’t be shabbily dressed. Your in a law firm not an ad agency. Be conservative about your dressing.
Guest 26 Dec 2014, 14:42
+0 -0
conservative about dressing???
please elaborate
Yup 27 Dec 2014, 11:22
+7 -0
Dont dress flashy... You are representing someone else when u meet clients as an associate at a firm. so dress accordingly. The way you dress may not reflect your competence, but that is probably what it will convey. if you cant be bothered enough to take care to dress well, people might possibly think you wont take enough care when it comes to doing your work as well.

I am not saying its entirely logical but Sound Advice does have a point. I mean would you let someone who claims to be a first class surgeon operate on you if he dresses like is partying in havana?

maybe the day you reach a level when your reputation precedes you, you can dress the way you want.
Yup2 27 Dec 2014, 11:25
+0 -0
just to clarify... this is not about 'controlling' the way people dress... just saying - dress to impress.
You cant handle the truth 30 Dec 2014, 08:14
+33 -1
The travesty with litigation in India is that good legal practitioners are not only rare, but after amassing enough wealth are miserly towards paying Junior advocates who work for them.

The ironic part being, successful litigation lawyers will openly criticize young lawyers for joining a law firm and how the honour of being a litigation lawyer is being replaced by the more prolific decision of joining a law firm.

Its not like smart, talented junior advocates who have a passion to practice before courts of law have an option to do so, unless they are from a finally stable (understated) background. There is a simple principle of remuneration- good payment for good work. If you expect a junior advocate to bend over backwards every day of the week for hours at length, without a breather, the least you can provide is ample remuneration to show something for it.

Stop driving young advocates away from litigation because your seniors did not pay you well, and you ended up doing well nonetheless. Its tantamount to the proposition that you are a terrible parent, because you had terrible parents and you turned out fine despite that. The times have changed. Life is expensive, and so is education. We have progressed to an age where just having a law degree with minimal investment is not an option. We not only are expected to have a law degree, but also from a college with reasonable repute.

Stop being proud of archaic customs, because if there is anything this country has learnt over the years, it is that just because something is a custom, does not make it right.
young litigator 3 Jan 2015, 21:56
+5 -1
Whole heartedly agree when you use the parenting logic. Bang on!
Francis J Underwood 2 Jan 2015, 05:15
+11 -0
Kian, enough partying! Get back and write something please!
Simba 5 Jan 2015, 11:43
+4 -1
Bro, Kian is not your bitch.
First Year 3 Jan 2015, 08:25
+1 -1
Which are the good Litigation firms in Bombay? I am a first generation lawyer, junior. fresh off the boat. I want to learn litigation, not how to manage clients (therefore the full service firms are out). Please advice.
First Year 6 Jan 2015, 08:06
+0 -0
Why haven't you published my query Kian? It wasn't offensive. I wasn't trolling. I asked for advice, which isn't wrong.
Prachishrivastava 6 Jan 2015, 09:03
+1 -0
Sorry that comment must've slipped off earlier.

Best wishes,
Prachi
ShivenduPandey 15 Jan 2015, 23:54
+0 -0
Sound advice indeed
Guest 2 Apr 2017, 16:13
+1 -0
sir it is not easy to practice independent when you are not having proper knowledge of Citation or case laws to illustrated in your case facts, if any senior will take hard task for junior or new comers it will be great full thanks.
Guest 17 Jul 2018, 02:54
+0 -0
Excellent piece, intelligent and well thought out.
Guest 31 Jan 2019, 05:02
+0 -0
thanku so much sir..