BCI Issues Guidelines Recommending Minimum Stipend for Junior Advocates

BCI Issues Guidelines Recommending Minimum Stipend for Junior Advocates

The Bar Council of India (BCI) has introduced new guidelines recommending a minimum stipend for junior advocates working with senior advocates, law firms, and independent practitioners.

This follows the Delhi High Court’s July 29 directive, prompted by a representation from Advocate Simran Kumari about the financial difficulties faced by junior lawyers.

The guidelines align with an earlier recommendation from the Madras High Court, which proposed a minimum monthly stipend of ₹15,000 to ₹20,000 for junior lawyers in Tamil Nadu.

For urban areas, the BCI now recommends a minimum monthly stipend of ₹20,000 for junior advocates, while in rural areas, it suggests ₹15,000. This stipend should be provided for a minimum of three years from the start of the junior advocate’s engagement. However, these recommendations are not legally binding.

In its circular to state bar councils and bar associations, the BCI acknowledged the financial hardships faced by junior advocates early in their careers. It also recognized that senior advocates and firms in smaller towns or less profitable legal sectors may struggle to meet these stipend amounts. As such, the guidelines are advisory rather than mandatory.

Beyond financial support, the BCI has stressed the importance of mentorship. Senior advocates and law firms are encouraged to provide opportunities for junior lawyers to observe court proceedings, improve legal research skills, and learn case strategy and drafting. 

The guidelines suggest formalizing the engagement of junior advocates through letters outlining stipend amounts, engagement duration, and mentorship plans. Additionally, accurate records of stipend payments and terms of engagement should be submitted annually to the respective state bar councils.

Junior advocates who do not receive the recommended stipend or face other engagement-related grievances can lodge complaints with their state bar councils. However, the BCI has noted that complaints involving genuine financial constraints will be addressed with flexibility.

Lastly, the BCI announced plans to form a committee to periodically review the implementation of these guidelines and make adjustments to stipend amounts based on feedback and economic conditions.

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