New law graduates across India face extended periods of unpaid internships and limited opportunities to argue cases. Many report being asked for experience they have not yet had a chance to gain, particularly in lower courts. Women lawyers often experience further disadvantages, with their access to courtroom experience delayed compared to male counterparts.
The transition from law school to practice is characterized by hierarchy and unpaid labor, leaving graduates struggling financially and professionally. This situation delays their ability to gain practical experience, a prerequisite for taking on their own cases.
Unpaid Internships and Lack of Clarity in Litigation
Junior advocates commonly undertake unpaid internships that involve extensive administrative tasks, referred to as “donkey work.” These roles include drafting applications and managing court filings, with no guarantee of being allowed to argue cases.
Financial survival is a significant challenge. Some graduates report that their monthly rent exceeds their earnings from these internships, forcing them to spend personal funds just to attend court.
Networking and First-Generation Lawyers
Access to opportunities is frequently dependent on personal connections. Graduates without family ties to the legal profession struggle to find mentors and navigate unwritten rules, often leading to prolonged waits for any meaningful work.
Advocates report attending court daily to observe proceedings but rarely getting the chance to actively participate. This passive involvement delays their development as practicing lawyers.
High Costs of Legal Practice
The costs associated with starting a legal career are substantial. These include court fees, travel expenses, printing, and professional attire. Without family financial support, many new lawyers are forced to abandon litigation.
Many junior advocates rely on parental financial backing to sustain themselves through the initial years. Those without such support often leave the profession.
Education vs. Practical Skills
Legal education is criticized for overemphasizing theory at the expense of practical courtroom skills. Graduates are equipped with legal knowledge but lack experience in crucial areas like listening, speaking, and convincing arguments.
Skills such as real-time tracking of court proceedings and clear responses are learned through practice, not from textbooks. The profession has historically tested young lawyers, but access to foundational experience has narrowed.
Legal Aid: Opportunity Without Guidance
Legal aid services provide many young lawyers their first access to case work. However, these opportunities often lack structured learning and mentorship.
Junior advocates are assigned multiple complex cases simultaneously, including those involving vulnerable individuals. They receive little guidance on case strategy or courtroom conduct, learning through trial and error.
Challenges in Legal Aid System
The legal aid system is strained, with an increased volume of cases and insufficient mentorship. This model can become a repository for files rather than a training ground for new lawyers.
The lack of guidance and uncertain payment structures make survival difficult for new advocates. This environment pushes many out of the profession.
Gender Disparities in Courtroom Experience
Women advocates often face delayed access to arguing cases. Male juniors are frequently given opportunities earlier, even when they start at the same time.
Women are often assigned drafting and administrative tasks while male colleagues are given the chance to argue. Justifications for this delay sometimes include perceived difficulty of a case or judge.
Subtle Bias and Career Growth
This subtle but consistent exclusion limits women’s speaking time and confidence-building opportunities. The lack of early courtroom experience widens the gap in practical experience compared to male counterparts.
This cumulative effect hinders long-term career growth. The constant experience of being sidelined, even without explicit statements, impacts confidence and professional development.