BCI Recommends Rs 20K Monthly Stipend For Junior Advocates In Urban Areas, Rs 15K In Rural Areas
The BCI said that it cannot make the guideline mandatory across the board considering the differences in the financial situations of advocates.
The Bar Council of India (BCI) has issued a circular recommending that junior advocates be paid a minimum monthly stipend of Rs 20,000 in urban areas and Rs.15,000 in rural areas.
The recommendation was made in a communication made by the BCI to all State Bar Councils and Bar Associations on Tuesday (October 15) following the direction issued by the Delhi High Court on July 25 to take a decision on the monthly stipend for junior lawyers.
The BCI said that it has issued the circular recognizing the financial difficulties faced by junior lawyers in the early years of their profession.
The minimum stipend shall be provided for a period of at least three years from the date of engagement of the junior advocate.
Acknowledging that there are considerable differences in the financial situations of advocates, the BCI said that it cannot make the guideline mandatory across the board.
"Senior Advocates, Advocates and firms are encouraged to comply with the stipend guidelines to the best of their ability, but the Bar Council of India recognizes that financial limitations should not be equated with indiscipline or a lack of responsibility," the BCI said.
The BCI said that Advocates in metropolitan cities often have higher earning potential due to high profile cases and corporate clients, whereas advocates in smaller towns and rural areas may have fewer opportunities and lower-paying cases. Advocates practising in high value sectors such as corporate law, intellectual property, or tax law may have greater financial resources, while those practising in civil, criminal, or public interest litigation may face irregular or lower earnings Even among senior advocates, Advocates, Law Firms, there are considerable differences in financial situations based on years of experience, client base, and caseload. Solo practitioners or those in less lucrative areas of law may not always be in a position to provide substantial financial support.
Given these disparities, the implementation of this guideline cannot be made mandatory across the board.
The BCI suggested that the senior advocates should issue a formal letter of engagement to the junior advocates indicating the terms of the stipend, duration of the engagement and the scope of mentorship provided.
Junior advocates who do not receive the recommended stipend or face engagement-related grievances can file complaints with their respective state bar council. However, grievances related to genuine financial constraints will be dealt with flexibly, acknowledging the limitations faced by some senior practitioners.
The BCI said it will establish a committee to periodically review the implementation of these guidelines, adjusting the stipend amounts based on feedback and prevailing economic conditions.
It may be noted that the Madras High Court, in July this year, directed that advocates should pay a minimum monthly stipend of Rs 20,000/15,000 to junior advocates depending on whether they are in urban/rural areas respectively.