Restricted Functioning Of Courts Forcing Advocates To Find Work Outside Legal Profession

In the same way as other industries and professions remain severely affected by prevailing circumstances, consequent to the outbreak of the COVID-19 pandemic, members of the legal fraternity are also facing tumultuous times. Keeping with norms of social distancing, Courts have been functioning online, or virtually, and only cases that are deemed to be urgent are being listed and taken up for hearing. Courts not functioning in their normal capacity, resulting in far fewer cases, has significantly reduced the amount of work available in the industry and left a number of lawyers without any work at all. Since this system was devised during the nationwide lockdown, the legal fraternity widely expected a gradual phasing out of the restrictions and, consequently, resumption of physical/open court hearings. After lockdown norms were relaxed, or after "Unlock 1.0" came into being, post May 10, a number of representations have been made by Lawyer bodies emphasizing on the need to open up the Courts. However, much to the dismay and distress of advocates, Courts have expressed their reservations in acceding to this and, as of now, restoration of normal Court functioning seems unlikely in the immediate future. Given the circumstances, a number of advocates have chosen to take up non-legal work, or jobs outside the legal profession, in an attempt to sustain themselves and alleviate themselves from a murky financial situation. Several lawyers who had left their homes and shifted to practice in different cities have been forced to go back to their native places due to financial constraints. Many of them have chosen to take up other part times jobs, while some have decided to not only left the city they practiced in, but also their practice in its entirety. This trend appears to be most common amongst younger advocates who had an independent practice, with around 2-3 years' experience. Few days ago, the news about a Tamil Nadu lawyer taking to weaving baskets to make his ends meet had gained wide attention. Moved by the news, Chief Justice of Chattisgarh High Court, P R Ramachandra Menon, penned a letter to him with words of inspiration, accompanied with a 'gift' of Rs 10,000."This is not a donation or a contribution out of any sympathy, but a 'gift' you deserve in recognition and appreciation of your concept/commitment to the 'dignity of labour'", Justice Menon said in the letter.A lawyer in Odisha also resorted to selling vegetables right outside the High Court as a form of protest against delay on part of the Bar Council in releasing financial assistance as promised. There was also a report about a lawyer of Karnataka High Court selling street food at his native town to sustain himself. However, these are not one-of-a-kind cases as LiveLaw found out after interacting with several advocates who are distraught with the situation. Financial distress has led advocates to not only go back home in order to avoid rental and living expenses that come with living in another city, but a number of lawyers have joined their family businesses or are doing odd jobs to ensure some cash flow. From selling COVID essentials to looking into the family busines to real estate brokerage, lawyers have been pushed away from the legal fraternity, not temporarily in some cases, to be able to keep their heads above water. Subodh Mohanty, whose practice in family law and matrimonial disputes took a severe hit since the lockdown was announced in March was forced to go back home in early June because he was left with no means to sustain himself. "Yes, I do have a couple of cases with me, but they aren't being taken up because there's apparently no urgency in those matters. I get that. However, the clients have already paid money and constantly ask about the status of their case. There's only so much that can be explained to them. Most importantly, there are zero fresh cases. I have no income whatsoever, and staying in Delhi does not come cheap. Which is why I spoke to my family and came back to Bhubaneswar", he said.Mohanty has decided to use his time trying to set up a business in fish farming. Though he isn't sure about the permanency of this move, he says "I have been urging my father to do this for a couple of years now. He has owned this bit of land which has been lying unused for years. It has a natural pond in it. So we've just started buying fishlings and seeds from the nursery and are breeding them in this pond. Engaging in pisciculture has been something the family has been interested in, and now that I have time and no money, I am thinking I might try and set up an ecosystem here with vegetables and all and see how it goes." Another Advocate, Sudhir Jain, who has been practicing criminal law for around 4 years, in lower courts primarily, also returned to his native home in Madhya Pradesh where he is helping out with his family business in real estate brokerage....

Restricted Functioning Of Courts Forcing Advocates To Find Work Outside Legal Profession

Nilashish Chaudhary

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