The ‘Golden Hour’
In emergency medicine, there is a concept of ‘Golden Hour’. This is the period immediately after a traumatic injury during which there is the highest likelihood that prompt medical and surgical treatment will prevent death.
Firstly, does a ‘Golden Hour’ actually exist in the life of a young lawyer, secondly is it fair to equate legal education to something that causes a traumatic injury requiring prompt medical and surgical treatment? When we look closer at the daily routine of a young lawyer, he appears traumatized and requires emergency attention.
In the law school, we have a generic curriculum, intended to cater to the needs of different potential stakeholders of the ‘Rule of Law’. Even though the curriculum is formulated by a professional body of lawyers, the lawyer’s training takes a back seat. A young graduate, with general knowledge of law, usually comes out from college. When he approaches legal institutions like the law courts, with limited knowledge about its jurisdiction and case management techniques, there is a reason for him to be confused. He may search for guidance, regarding ‘what to do’ and ‘how to do’. But he may find it difficult to gain it appropriately.
Apart from these professional challenges, there are a few personal ones, as well. He will feel the depth of an ocean, with little direction, about the shore to reach. The rising age, difficulty in paying his bills, and comparison with others from competing professions are some of the demotivating elements. If he is left alone without an emergency intervention, by some relevant agency, he may switch the exit mode. Some of the brilliant ones may take this route, even before attempting to test the waters. This drain of talent is affecting the justice delivery system in this country.
The ‘Guardian Angels’ in the profession
The survey of the profile of the enterprising lawyers and judges of our country would show that they are the second or third generation, in the profession. We will find that the second or third generation is the rule, and the first is an exception, therefore the profession is often blamed for nepotism. This nepotism story may not be fully correct, as we need to admit that a parent or an immediate family member is the best person to provide the emergency intervention during the golden hour, playing the role of a ‘guardian angel’. They are guided and motivated from a very early age, to cross this ‘golden hour’ with confidence.
The Brain Drain from the Profession
The Bar Councils and the Bar Associations are the first responders in handling the ‘golden hour’ of the young lawyer. We have not found any long-term plans for these organizations, in checking this drain. Many fresh graduates indeed enroll as lawyers, but there are no statistics available regarding those who leave the profession during or immediately after the ‘golden hour’. The continuing legal education programs offered by these organizations like conferences or seminars, do not match the need. The need of the hour is not information, but training opportunities and mentorship. It is expected that they understand their role, and work positively.
In a country with more than 1.4 billion population, and with the constitutional guarantee to provide justice, social, economic, and political to all its citizens, we need more and more lawyers, to administer justice as advocates and judges. We may also need more of them to protect investments, in a growing economy as in-house lawyers and legal advisers in the non-litigation arena. There is a huge demand for trained young lawyers, but the complaint that we often hear is that the fresh lawyers are inadequately trained, given the needs of the industry.
The young lawyers are currently expected to be trained under a Senior, in the profession. Many of the Seniors are performing this duty, infallibly. Compared to the need, such training opportunities are scarce. The Senior himself may be in a compelling situation, where he cannot accommodate more or his professional commitments do not permit him to be part of such training exercises. The lack of training skills of the Senior is also a challenge. There can be no doubt that the current mechanism is inadequate, given the demand.
Approaching the ‘Golden Hour’ with confidence
How can a young lawyer approach the golden hour with confidence? Systematic training is suggested as a medicine to overcome this period. The training needs to be practical and clinical, and not theoretical. It should not end up being another classroom session, imparting information about legal provisions. There cannot be any doubt that those who have undergone effective training, and had some opportunity to use his training in real court settings, will succeed in his challenges during the ‘golden hour’.
In the West, we find that they have identified a gap between the teaching in the law schools and needs during the actual law practice. Their universities have designed courses to fill the gap. Even the judges have training institutions, in our country, to address this issue. It is high time that the authorities think of something like a Lawyers’ Academy, to address this issue and to provide continuing legal education, to other advocates.
A Road Map for Lawyers Training
Lawyers training is not an opportunity to learn law. It is intended for application of the substantive and procedural law. One of the basic concepts that we may emphasize, is the ‘rule of law’, in actual practice. The legal institutions, including the Supreme Court of India, various High Courts, District Judiciary, and Tribunals are governed by the principle of ‘rule of law’. Therefore, the training protocol should underline the need to elaborate on this concept.
Let us take the example of the various case management tools used by the High Court. We will find that the preparation of the cause list, preparation of the roaster, and all other activities of the Court are governed by rules. Understanding more and more about the rules behind each activity of the High Court will instill confidence in the young lawyer. He could then cross this ocean of litigation practice, and reach his shore.
A survey of the cases being filed before the High Court and the nature of the decision rendered will further boost the confidence of the young lawyer. He will understand the High Court is handling predominantly petitions under Articles 226 and 227 and that few civil and criminal appeals. The High Court may be handling miscellaneous matters also. The significant understanding is that the Court is not handling more than 60 types of cases and some of them have become redundant over a while due to changes in law etc., is helpful.
Among the writ petitions, the prominent ones are the writ of mandamus, followed by the certiorari, habeas corpus, and so on. The training roadmap may prioritize items that would enable him to manage the ‘golden hour’ of young lawyers. It may include training in finalizing pleadings, identifying documents to be produced, online filing of cases, submission of physical copies, formulation of submission during the different stages of the litigation, and specifically the study of the jurisdictions of the various legal institutions. The road map of the training may focus on the young lawyer's professional and personal needs, enabling him to cross the golden hour with confidence.
Conclusion
The Bar Council of India or Bar Associations jointly or independently needs to promote a professional body, that could be substituted for a ‘guardian angel of the second-generation lawyer. Such a professional body may cater to the needs of the training during the golden hour and play the role of mentors to the young lawyers. This may check the brain drain from the legal profession.
