BCI Recommends Monthly Stipend of Rs 20K for Junior Advocates in Urban Areas, Rs 15K in Rural Areas

Overview: The Bar Council of India (BCI) has issued a circular recommending that junior advocates receive a minimum monthly stipend of Rs 20,000 in urban areas and Rs 15,000 in rural areas. This recommendation was made following a directive from the Delhi High Court on July 25, instructing the BCI to decide stipends for junior lawyers.

In its communication to all State Bar Councils and Bar Associations on October 15, the BCI highlighted the financial challenges faced by junior lawyers in the early years of their careers. The circular proposes that the minimum stipend be provided for at least three years from the junior advocate's engagement date.

However, the BCI acknowledged that it cannot enforce this recommendation universally due to the financial disparities among advocates. It encouraged senior advocates, law firms, and other legal professionals to follow the guidelines to the best of their ability. Still, it emphasized that financial limitations should not be considered a lack of responsibility.

The BCI noted that advocates in metropolitan areas often have greater earning potential due to high-profile cases and corporate clients.

In contrast, those in smaller towns and rural areas may have fewer opportunities and lower-paying cases. Additionally, those practising in corporate law or intellectual property tend to have more financial resources than those practising in civil, criminal, or public interest litigation.

Given these differences, the BCI stated that it could not impose the stipend guideline as a mandatory requirement across the board. Senior advocates are encouraged to formalize the terms of engagement with junior advocates, specifying the stipend, duration, and scope of mentorship.

Junior advocates who do not receive the recommended stipend or encounter issues related to their engagement can file complaints with their respective state bar councils. However, grievances arising from genuine financial constraints will be handled flexibly, considering some senior practitioners' financial limitations.

The BCI also announced that it would establish a committee to periodically review the implementation of these guidelines and adjust stipend amounts based on feedback and economic conditions.

It is worth noting that, earlier this year, the Madras High Court had directed that junior advocates be paid a minimum monthly stipend of Rs 20,000 in urban areas and Rs 15,000 in rural areas.