Background
On June 12, 2024, the Madras High Court issued a groundbreaking ruling requiring senior advocates in Tamil Nadu and Puducherry to pay junior lawyers a monthly stipend. This decision was prompted by a writ petition from Farida Begam regarding the distribution of the Advocates Welfare Fund in Puducherry. The Division Bench, consisting of Justices S.M. Subramaniam and C. Kumarappan, highlighted the financial challenges faced by young lawyers, especially those from underprivileged backgrounds, stressing the importance of supporting them during their early career stages.
Key Directives
- Stipend Amount: Senior advocates are required to pay junior lawyers a monthly stipend of ₹20,000 in major cities like Chennai, Madurai, and Coimbatore, and ₹15,000 in other regions of Tamil Nadu and Puducherry.
- Non-Discrimination: The court explicitly stated that there should be no disparity in stipend payments based on the gender of junior lawyers.
- Implementation: The Bar Council of Tamil Nadu and Puducherry was directed to issue circulars to all bar associations to enforce this mandate.
Rationale
The court pointed out that it is unreasonable to expect junior lawyers to work without pay, labelling such practices as demeaning. Many young lawyers leave the profession due to financial difficulties. By establishing a minimum stipend, the court aims to create a supportive environment that enables young legal professionals to develop, thereby enhancing their contributions to the justice system.
Implications
- Professional Sustainability: This directive is expected to enhance the retention of young talent in the legal profession by providing them with financial stability.
- Ethical Practice: It sets a precedent for ethical engagement between senior and junior lawyers, promoting fairness and respect within the profession.
- Broader Impact: The judgment may inspire similar reforms in other states, leading to a nationwide movement towards better support for junior lawyers.
