STIPENDS FOR YOUNG LAWYERS

THE STRUGGLE

Initially, the letters were sent to the then Vice Chairman Sindh Bar Council to regulate the minimum income for the associates who are working in the law firms and also addressed the issue of harassment in the profession and formation of an anti-harassment committee which can directly address the issues so that the victims can safely approach and tell their stories. Thereafter many videos were made to aware the young lawyers with regard of their exploitation and how the system is not addressing the issue of lack of regulations on the earnings of the young lawyers and non-payment of any stipend or salary by law firms.

When all the efforts went in vain, a call for action was finally announced in January 2022 with the plan to take signatures from all the members of the legal fraternity in support of this cause from all over Sindh. I (Author) along with my team traveled to many bars, took the signatures of the learned members, and addressed the issue in the bar rooms. Resultantly, after the successful campaign and meeting with the management committee of the Hyderabad Bar Association first resolution was passed in support of the Stipends campaign. Thereafter efforts were made by the Malir Bar Association and the management in supporting us also passed a resolution. The same resolutions were put forward through an application before Karachi Bar Association elected members who were pleased to pass the resolution and thereafter Thatta and Khairpur Bar followed the same. Subsequently, lawyers from Lahore contacted us, and resolutions were also shared with them. Now Alhamdullilah Lahore High Court Bar Association had also passed a resolution in favor of our campaign. Hence considering the majority bar passing the same resolution and on sharing the passed resolution of bars with the Provincial Bar Councils, the Chairman Executive Committee of Sindh Bar Council sent a letter to the PM Pakistan and Law Minister Pakistan to devise any mechanism for providing stipends for young lawyers.

Thereafter, considering the need for an organized campaign for this issue of young lawyers as well as others we started the first-ever National level association named “Young Lawyers Association” which can work and struggle for the issues of young lawyers. We particularly on this issue of stipends even started banner campaigns which was made through the hands of the member of the association and slogans were raised during the bar elections so that pressure can be created for the upcoming candidates who will get elected to regularize stipends. While forming divisions of YLA in different hubs of the countries awareness meetings were held with young lawyers all over Pakistan to create pressure on the intra-provincial Bar Councils.

This was the short brief of our struggle, journey, and achievements so far for the Stipends for young lawyers is a concern. Many readers might think about what is actually the demand of this campaign therefore I would like to briefly mention the same;

PROPOSAL

We are suggesting the bar council, being our regulatory body to allocate a certain amount of fund,s especially from the enrollment fees taken at the time of intimation and the funds given by the provincial government for the welfare of the Bar so that the stipends be given to young lawyers for at least first 2 years of the practice after the enrollment along with conditions imposed i.e

1. That lawyer should not have a four-wheeler in his/her name,
2. That lawyer should not have a house in his/her name lastly
3. He/She is bound to appear in any Pro bono case as directed by the Bar Council as and when.

Initiating these stipends would not only minimize the plight of a young lawyer in his/her formative years but also improve the quality of professionals in the legal field given that the majority of seniors and law firms don’t pay them at all. It has been observed that in all other professional degrees e.g. Doctors the regulatory authority regulates the hospitals to offer house jobs while fixing the minimum remuneration but there are no such regulatory directions to the law firms registered with the Bar Council.

56. Power of Provincial Bar Council [and Islamabad Bar Council] to make rules.–Provincial Bar Council [and Islamabad Bar Council] may, by notification in the official Gazette, make rules to provide for-

(a) the summoning and holding of meetings of the Bar Council, the times and places where such meetings are to be held, the conduct of business thereat and the number of members necessary to constitute a quorum;

(b) the constitution and functions of any Committee of the Bar Council and the term of office of the members of any such Committee;

(c) the summoning and holding of meetings of the Committees of the Bar Council, the conduct of business thereat and the number of members necessary to constitute a quorum;

(d) qualifications and terms and conditions of service of staff to be employed by the Bar Council;

(e) the matters pertaining to management, administration, utilization and investment of the fund of the Bar Council;

(f) the constitution of separate funds for special purposes by the Bar Council;

(g) the maintenance of books of accounts and other books by the Bar Council;

(h) the appointment of auditors and the audit of the accounts of the Bar Council;

(i) the course of practical training in law and the examination to be passed after such training for admission as an advocate;

(j) the form and manner in which applications for admission as an advocate or an advocate of the High Court are to be made and the manner in which such applications are to be disposed of;

(k) the conditions subject to which a person may be admitted as an advocate or an advocate or an advocate of the High Court;

(l) the procedure to be followed by a Tribunal constituted by the Bar Council in inquiries relating to the conduct of an advocate;

(m) the forming and regulation of firms of lawyers either throughout the Province or any specified part thereof;

[(ma) the forming and regulation of firms of lawyers in Islamabad Capital Territory];

(n) the recognition, [derecognition] and functioning of Bar Associations.

Moreover, Sindh Bar Council having power to make and amend rules can also amend the Rule 34 of Chapter VII Enrolment of Advocates of The Sindh Legal Practitioners and Bar Council Rules, 2002 by adding the provision of minimum stipends to be paid by the Senior Advocate during Apprenticeship and every year circulars may be released for the revised/raised minimum stipends to be paid as practiced by ICAP and PMDC.