Advocate's profession
suresh phadkule
(Querist) 10 January 2012
This query is : Resolved
As there is no age bar for entering into legal profession as an advocate, many people after retiring from govt. services or other services at the age of 58/60, on the basis of law degree with them, enter in legal profession as an advocate. How far this is desirable for them, for their prospective clients? Whether this will be a waste of time, energy and money for them and their clients? If to start practice should be their choice,should they start practice of law independently or first undergo juniorship with senior advocate? What would be best course for them?
R.Ramachandran
(Expert) 10 January 2012
Dear Mr. Suresh,
There cannot be any certainty of opinion in this regard.
If some one who had all along been in the legal field when they were in job, and switch to Profession post retirement, for them, it will be quite easy both in terms of legal practice as well as in terms of attracting clients. Therefore, they can set up their own practice and start earning right from the word go.
But for those who have had nothing to do with law for all these years, except to have obtained a law degree once upon a time either by fault or by default, and if they want to get into profession, naturally they have to learn a lot of things - right from refreshing their knowledge of law, procedures, practice and the latest legal changes, judicial pronouncements etc. To get a client of their own would not be that easy as in the first mentioned scenario.
Further more, for them to join with any Senior at this age would also be a difficult task - especially when the senior would be having lot of youngsters with upto date knowledge in law.
To put it in other way, one has to assess their own strengths, weaknesses, confidence level etc., and take appropriate decision either to go solo, or to join any senior, whether there is any senior available to take them - with or without any remuneration etc., etc.
Whether the client's time, energy and stakes will get wasted or not only time will tell and more importantly, the client will also think thousand times before entrusting the brief.
Advocate. Arunagiri
(Expert) 10 January 2012
The law graduates after getting retired, taking up the legal profession mainly for the en cashing their contacts and keeping themselves engaged.
Many of them, those do not have experience in handling court cases, are not able to shine.
V R SHROFF
(Expert) 10 January 2012
Sureshbhai, you asked, ""As there is no age bar for entering into legal profession as an advocate, many people after retiring from govt. services or other services at the age of 58/60, on the basis of law degree with them, enter in legal profession as an advocate. How far this is desirable for them, for their prospective clients? Whether this will be a waste of time, energy and money for them and their clients? If to start practice should be their choice,should they start practice of law independently or first undergo juniorship with senior advocate? What would be best course for them?""
This Query should be in FORUM
However I reply as under:
It is Personal choice of activity after retirement.
+ve: POINTS:- He comes with vast practical experience , from some or the other feild, as expert n that activity, knows fully well a particular field, with connections with thousands of person associated with him, so any
Legal matter connecting that field, he can solve better. He also knows whom to consul, where to use his influence. He is matured, and educated. He will not go for small earning and do a wrong thing like very young advocate, who will take anything sating" girak jane mat dena, kuch to deke jayega na? kuch to milega. Gumana to kuch nahi. Young starving advocate will spport any immoral elements also, as he want Case & ash quickly."
Here a matured person with enough money of his retirement will not go for that quick money, and immediate need. So he will not even misguide a Client. He is near to God in few years, so will not harm Society. Neither he will harm his client, as he knows, he is starting Late, or it may spoil his name at this age, so he will try his level best to WIN, for which he knows how to achieve it. He will certainly consult senior and efficient Advocates, get their help, pay them his part, and see that his client WIN.
He knows his weakness of no experience, and may be insulted by all in court, as and when he makes laughable mistake. So he will be on his guard, and to avoid it, double check his action through successful advocates, in Court and/ or chamber practice.
He knows lots of people of his Company, and the moment he succeed, those will come to him, and he may deliver it to other advocate , directly or indirectly, he get hios cut, nad other advocate get clients, so will help him.
He will COPY , full computer of some or the other Advocate, get all Draft ready, change names and start preparing Affidavits, Agreements, Power of Attorney, Domcile Certificates, Leave & License Agr, WILL, and start earning, as well become a good copy master, better than practicing advocate, without harming his clients.
He is not tense, He is not starving He Relax as “Gajar ki pipudi, baji to baji, nahi to kha jayenge”. It becomes his Chess Game. He will try to Win his case, even at his cost. He want to retain Symbol of Advocate
I know retired person die soon after retirement. He have money, he has nothing to do, he is old, so get friend’s company, Drinks, waste money, and empty mind is devil’s home. Soon fall sck, became nuisance to his family get ill, die.
When he Practice Law, he can’t drink, anybody visit at any odd hour at night. His mind is fully occupied, he is accepting challenge, to win, which he knows very difficult for him, so he study, remains busy, attend court, offices, and new activity gives extra vitality, . He get opportunity to serve his poor friends and relatives.
A king went to Fight , crossing his island. On reaching island, he burnt all his 10 ships.
Worriers have to fight now, and WIN, as there is no escape, DO or DIE, they cannot return in those old days, they WON. , AND RULED THAT ISLAND. NO RETURN. COMMITMENT. IT TEACHES ITS OWN WAY.
WILL WILL FIND A WAY.
Haa, Kisika Ghar todke paisa mat kamao. Apna paisa dalke uska ghar bachao, God will reward with good health, Do not misguide or harass client. Tarikh pe Tarikh mat karo, apni fee badhaneko.
Be clear, and tell him SOUR facts, whether he likes or not. He will go away, but on realizing that you were right, come back after few years to you with battalions of clients, and millions OF rupees. Honesty is the best policy. .
Supreme Court gave Judgement , after Madras High Court, before 15 years, saying, matured and aged persons with their experience are more helpful in Legal field, and be allowed to practice at any age. It is Constitutional too, to practice any Profession at his choice at any time of his Life.
Now –ve Points:-
Please spare me, I will tell you later, or allow me to be with Positive attitude only.
I will reply PM if someone want to know the –ve points. .
Yes, it is desirable he work as Junior of Successful Sr. Adv for 6 months to a year, no more.
OK Sureshji, HAPPY? all the best of Luck.
prabhakar singh
(Expert) 10 January 2012
You are sufficiently answered by the Experts.
But in my view we can simply speculate about a future and do not have grounds to speak about with any certainty as all such things presume certain things as premise for out come while premise it self may go wrong.
Deepak Nair
(Expert) 10 January 2012
Mr. Shroff has scored above all.
girish shringi
(Expert) 10 January 2012
Nothing wrong to enter in the fielD at any aGE.
Ramanathan G
(Expert) 10 January 2012
Sirs, 10-1-12 at 8.30 pm.
In the recent past, there had been a case at Delhi High Court or Supreme Court about same question and Bar Council had to withdraw Rule about maximum age bar. Thus our personal opinions have no thing to decide.
However, according to my real life opinion, only that person can enter any Profession, who have that skill, and that skill can be obtained only by Juniorship – where an experienced person will Rag plus teach; or some time without any ragging teach the Profession.
For an elderly person, he cannot get a Senior with more elderly age than himself, and do not have ability to run around – no one will like to Rag him and he is not likely to learn anything as a Junior. Also a fresher as Junior is hungry stomach without wife and children thus can learn more honestly. A Retired Pensioner with some times Grand Children will not be able to learn new things, even if he wishes to.
What you can learn by reading Text Books is limited. From senior he is not going to learn anything or he will have no senior. Since the age of 23 or at least from the age of 30 (IAS Aspirants who join LL.B) if a person start working, to earn money as an Advocate, he should read a lot of Judgments and from the portion of Appreciation of evidence, he is expected to know how to analyse his client – a fresher at the age of loosing eyesight will not be able to read that much.
However these all are question of luck of Clients. It is like entering a bus for the clients. They cannot find out whether the Driver is Drunk, have experience etc. It is a question of luck for many cases to complete.
These all I write by spending time, only to discourage those persons who want to become Advocate at the age of loosing eye sight, because if they will fear the God, they will not try to enter any Profession without learning the skill as a Junior.
As a word of self protection, I add that, there may be very rare cases in which a newly entered elderly man in any Profession did a lot of things. Here please note, no one is working in vaccum. Judges, Opposite Party’s Advocate etc do brotherly help to prevent injustice. Thus many a success of Fresher Advocate or Pensioned Re-settled Advocate will prove that they had a sympathetic Judge or Opposite Counsel. But human behaviour is predictable that, unless a person is capable of learning the Profession by Juniorship, even if qualified (LL.B or any other profession), please do not commence Practice.
Ramanathan2108@gmail.com
Deepak Nair
(Expert) 11 January 2012
Nice and lengthy discussion.
Shonee Kapoor
(Expert) 13 January 2012
:-)
What is wrong in it?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 14 January 2012
Much has already been discussed leaving no room for me to add.
V R SHROFF
(Expert) 14 January 2012
Sureshbhai,
Being Advocates, we should also Learn to THANK.. WHO HELP US. [ I forgot to add earlier. ] I hope u will not forget it.
suresh phadkule
(Querist) 15 January 2012
Thank you all,Sirs. Shroff Sir's words of wisdom will always be guiding to me and all others like me who have entered advocate's profession after retirement. Ramnathan Sir's advice is also worth consideration by the concerned. Thank you all again learned Sirs.
