The established image of a lawyer in his ‘black coat’ doing the rounds of courtrooms is giving way. Law today is broad-based and practice is dependant on specialisation. The new breed of lawyers have started concentrating on specific areas of legal interest, resulting in the emergence of an entire new genre of law e.g in areas of securities transactions, insurance, cyberlaw, intellectual property law etc.
Law is one of the most basic social institutions and perhaps the most necessary. It establishes the rules that define a person’s rights and obligations. It also states how government shall enforce the rules and penalties. Laws enforced by the government have usually had a strong moral element, and so justice has generally been one of law’s guiding principles. ‘Learning the Law’ by Glanville Williams provides useful reading for the prospective lawyer. He says “Law is the cement of society and an essential medium of change. Knowledge of law increases ones understanding of public affairs.”
The legal profession encompasses all those who in view of their special competence in matters of law assume a distinct responsibility in the administration of a legal order. The more developed a legal order is the more demands and responsibilities are placed upon its legal professionals.
Because social needs and attitudes are forever in a state of flux, the legal system that regulates our social, political, and economic relationships also changes. Legal professionals (lawyers, judges) link the system and society. To perform this role, they must be sensitive to the numerous aspects of society that the law encompasses. They must comprehend not only the words of a particular section of law, but also the human circumstances it addresses.
The judiciary
As in all other professions the legal profession too has specialists. You would commonly meet lawyers who have specialized experience in dealing with criminal cases, civil cases, company law, taxation law, constitutional law etc. It is almost essential for a legal practitioner to specialize.
A majority of lawyers are involved in private practice representing clients in the courts of law. Lawyers practice before judges in Subordinate courts, Administrative tribunals, High Courts and the Supreme court.
Subordinate courts
These are District courts as well as a hierarchy of civil courts of Magistrates class I, II, III. Munisfs etc.
Central and State Administrative Tribunals
These are courts where trials are held of disputes and complaints about service conditions in public services. These tribunals are presided over by Chairman or appointed member.
High Courts
High Courts are at the head of the State Judicial administration and have jurisdiction over one or more states. At the head of each High Court is a Chief Justice and other Judges. The Judges are appointed after distinguished service as a Judicial officer or as an advocate for many years. Registrars of High Courts attend to administrative matters.
Supreme Court
The Chief justice and other judges are appointed from distinguished legal professionals who have held positions of responsibility in High Courts.
Bar Council
The Bar Council of India and State Bar councils have been formed to uphold the code of law relating to legal professionals. Advocates can enroll with any council and get sanction to practice anywhere in the country. The Bar council has disciplinary jurisdiction over member advocates.
Branches of law
Law mainly pertain to Private matters and Public matters. Private matters are those related to the rights and obligations people have in their relations with one another while Public matters are those which deal with the rights and obligation people have as members of society. Law related to Private matters is also called Civil Law. This branch of law deals with everything from borrowing or lending money to buying a home or entering a job contract. Civil Law operates in matters of property, contract and commercial issues, inheritance, family and even corporations. Law related to public matters concerns itself specifically to criminal cases as well as to administrative, constitutional and international cases. Law related to taxation, labour law, etc. are further areas of specialization related to commercial matters. Broad classification of specialisation in law is as follows :
Criminal law
Criminal lawyers specialize in matters having legal implications such as theft, murder and arson which are considered offences against society or State. By interviewing the clients and the witnesses the lawyer establishes the facts of the case and then compiles the findings. He prepares the case, defending his client on the charges made against him.
Real estate
Real estate lawyers deal with cases involving property and their services are sought to real estate disputes, property tax, transfer of property, etc.
Civil law
Civil lawyers are specialized people handling damage and breach of contract suits. They can act as trustees or guardians of an estate when required. Their major job is to prepare and draw up deeds, leases, wills, mortgages and contracts.
Tax law
Tax lawyers handle cases concerning income-tax, wealth tax, gift tax, estate duty, etc.
International law
A set of rules is observed by all the nations in relation to one another. Some lawyers specialize in this branch of law.
Labour law
The labour lawyers specialize in solving the problems arising between the management and the labour force in any organisation.
Others
Other branches include family law, constitutional law, corporate law, patents, excise law, customs and transportation.
Knowledge or qualification in law is useful for various professionals e.g. the administrator at the various positions in business or Government may be having no legal experience but it is often helpful and desirable to have a person having some legal background. Tax collector, credit investigators, insurance adjusters have understanding, knowledge and background of law.
Nature of Work
As our laws are so complex, the work of lawyers and judges is very significant. Laws affect our lives in a variety of ways. The legal system performs regulatory tasks in areas concerned with social welfare, commerce, consumer protection, the environment, etc., Lawyers interpret these laws, rulings and regulations for individuals and businesses, and serve as their advocates in resolving disputes. The lawyer is called upon to develop distinctive skills for the performance of his task. When disputes must be settled in court, judges hear each side of the dispute and administer judgements. Through their decisions, judges play an important role in the development of common law by interpreting how particular laws apply to specific circumstances.
Detailed here are options in legal practice, legal service and in legal information.
Legal practice
Judges
Judges are responsible for ensuring that trials and hearings are conducted fairly and that justice is administered in a manner that safeguards the legal rights of all parties involved. Judges preside over trials or hearings and listen as lawyers representing the parties present and argue their cases. They oversee the legal process that in courts of law resolves civil disputes and determines guilt in criminal cases. They preside over cases pertaining to virtually every aspect of society.
Solicitors
Solicitors give legal advice and represent clients in legal matters. Solicitor’s firms undertake cases related to their area of work. While small firms may work in one specific area, large firms have a number of specialized departments dealing with e.g international law, insurance, company and commercial law etc.
Solicitors spend a lot of time interviewing clients. They ascertain the facts, form an opinion, give advice, using their own legal knowledge and consulting books and legal references when necessary. There is a lot of paperwork in the form of letters and contracts.
Advocates
Advocates or lawyers act as both advocates and ad visors in our society. As advocates, they represent one of the opposing parties in criminal and civil trials by presenting arguments that support their clients in court. As advisors, lawyers counsel their clients as to their legal rights and obligations and suggest particular courses of action in business and personal matters.
Whether acting as advocates or advisors, nearly all lawyers have certain responsibilities in common. Probably the most fundamental responsibility is the interpretation of the law and its application to a specific situation. This requires in-depth research into the purposes behind the applicable laws and to previous judgements under circumstances similar to those currently faced by the client. Based on this research, advocates advise clients what actions would best serve their interests.
In court they present the facts of the case to the judge, cross examine witness who are giving evidence and finally sum up the reasons why the court should decide in their clients’ favour.
The work of lawyers, however, depends largely on the clients he works for, e.g., in industry, commerce and central and local government lawyers are employed in specialist legal departments, advising only their own employers. In the Armed Forces they conduct prosecutions within the organization itself.
Legal executives
Lawyers in legal departments of firms work as executives in this department. They work to advise their employers on legal matters. They work in cases of litigation for the firm. They may have to perform administrative functions e.g check deeds, issue writs, collect information for affidavits and draft legal documents.
Lawyers in service
Defence services
Deriving their powers from various legislation, such as the Indian Army, Navy and Air Force Acts, the judicial services of the Defence are governed by the Constitution. The Defence Services have their own legal system, their own judicial services and there is a chance for lawyers to be employed by the Defence Services.
Political advisors
Ministers have various legal experts on their pay rolls who advise them from time to time on legal issues concerning various political matters.
Business houses
Considering the innumerable legal battles various business houses get embroiled in, there is good chance of employment for the lawyers. As they are representatives of the business house protecting their interests while interacting with the other business houses. These legal experts do not do anything extra ordinary. They are the salaried employees of the business house and are expected to handle all small in-house legal problems independently and draft the agreements and undertakings by the other law firms. Their professional skill as advisor, draftsman and interpreter of various cases and legislation is called upon constantly. But they can never act purely as a lawyer. For them success requires legal know-how, knowledge of employer’s business and ability to work together with people.
Solicitor’s firm
Legal profession was at first divided into solicitors and advocates. Solicitors were supposed to prepare the case by meeting the client and briefing the lawyer on his behalf. Then the hired counsel would represent the client in court. The Advocate’s Act, 1961 changed this dual system ; now solicitors have all “right of audience” (i.e., the right to address the judges’ Bench directly on the client’s behalf) as well. The distinction is still there in all big solicitor’s firms till today. And the argument in favour of this distinction holds a lot of merit.
The service in a solicitor’s firm is far more efficient. The individual practitioner in the High Court or Supreme Court can not succeed beyond a point because he has to look to all things alone. He has to prepare the cases as well as argue it in court, and it is very difficult to manage both. On the other hand, clients get the best of both worlds. They get expertise and skill in preparing their case, and they get a lawyer who is a good speaker. ‘Solicitors’ is definitely a more expensive choice than just going to the lawyer but is undoubtedly efficient also. There are so many people to share the work load. Junior lawyers do most of the spade work in a solicitor’s firm. They work within definite hours.
Lawyers with the government
Hundreds of lawyers are inducted into the Government ministries every year through a UPSC interview. The minimum qualification is a Master’s degree in law with five years’ experience, preferably in research. There’s little money to be made here, but it is a high powered post with a lot of authority and responsibility. Posts are advertised whenever vacancies arise.
Indian Legal Service - Law officers and Legal Advisors come from the Indian Legal Service. Selection is made by the Union Public Service Commission for these posts.
State Legal Service - Public Service Commission (through exams) selects legal professionals for senior positions with the state police, judiciary and revenue departments. In the judiciary the posts are that of the Magistrate, District and Sessions judge, munsifs (sub-magistrate), public prosecutor, solicitors, Attorney general, Advocate General, Notary and Oath Commissioner. There are also legal secretaries appointed in assemblies, law inspectors, legal officers in banks, judicial members of income tax, sales tax and excise departments, government advocates and staff in Registrar of Companies office.
Lawyers working with information
Lawyers are concerned with studying, storing, retrieving, recording and expounding legal information.They use this for a career in information.
Books and journalism - There is the possibility of contributing legal activities, expressed in layman’s language, on topical issues or on matters of general interest to newspapers. Some trade journals also carry articles with recent judicial decisions and pieces of legislation. There are contributors on legal matters to television and radio programmes. Law degree and professional training are useful for reporting trials to a local newspaper or magazine.
Publishing - Law publishing has over a considerable period of time been the domain of specialized publishing houses. Publishing of journals and magazines along with legal books is an interesting opening for the versatile law graduate.
Jobs associated with law
While we seem to be too familiar with legal professionals working in the judiciary of the country and when we think of a career in law we think of judges, advocates, solicitors etc. we tend to ignore the many other jobs that keep the legal systems running smoothly.
Company Secretaries - While details of this career are dealt with in a separate article, a brief mention is made here due to the special legal affiliation. The role of a company secretary is one recognized in legislation, which require that company secretaries of public limited companies be professionally qualified. This places the company secretary in a unique position in a firm.
Company secretaries in private firms may have legal qualifications or/and be a member of the Institute of Company Secretaries. As the responsibilities and needs of the job have grown, the role has been established on a more professional basis.
Notaries - Notaries are public officers who are appointed to draw up, authenticate and certify deeds and documents, such as conveyances and powers of attorney concerning property etc. Notaries are often called upon to witness signature on legal documents and they also prepare wills and other important legal papers.
Work Environment
Solicitors work from offices though they may require to travel to visit client's premises. Solicitors working for big commercial firms go to foreign countries for carrying out then work. During legal court proceedings they spend considerable time in the court. Solicitor firms have several professionals specialising in a number of different branches of law. Most of the lawyers in private practice work in chambers. Some advocates work from home or from rented offices.
Working in the court is generally from an allotted space which can be quite congested and often is a shared space.
Personal Characteristics
Lawyers, solicitors, legal executives all need good intellectual ability, the ability to assimilate and analyse facts quickly. They need to distinguish the relevant from the irrelevant, screen evidence, and apply the law to the situation under scrutiny.
Fluency, clear speech and excellent presentation skills are essential. They must be able to persuade, convince, argue and explain unclear points of law for the jury and interrogate or cross examine defendants and witnesses to establish the facts before the judge and jury.
A self confident and an unbiased approach is expected of a lawyer. Advocates working in criminal law accept that every one is entitled to representation whatever their financial resources and whatever crime they are alleged to have committed.
Lawyers must have complete integrity of character and need mental and physical stamina in order to cope with long hours, travelling and stress.
Solicitors do a lot of paper work. They need to be inclined to research and do reference work.
Employment Avenues
Fresh law graduates may work with legal firms, consultancies, corporate legal divisions, in defence, publishing, banks, and as company secretaries. The judicial services offer options for serious practitioners.
Earnings
Earnings depend on the specialisation of a lawyer. Corporate and criminal lawyer’s income is more than what one can earn in Public Interest Litigation. Later on it entirely depends upon individual work experience.
Most Law associate trainees begin with Rs 10000. Corporate scales may be as high as Rs 35000. Multinational pay 14 to 16 lakhs per annum.
In all courts there are clerks and administrators; every lawyers chamber needs to have clerks and typists; each solicitors’ office employs legal executives, outdoor clerks and other clerical workers. In addition, there are those whose jobs provide services to the legal profession, such as court reporters and draftsmen.
