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Also, you seem remarkably ignorant and frankly, quite condescending of our clients. Why would a client ever engage an incompetent or someone who has never had to prove their competence? Why would said Senior Counsels ever engage with said incompetent AORs? How could said incompetents ever survive in the profession?
You live in your own echo chamber where failures are blamed on existing social archetypes and institutions. Look inward young man. Progress will never occur without introspection and acceptance of reality.
And age will teach you another fundamental truth - clients trust you only when you win for them and protect them at all costs. Stop living in worlds of childish fantasy and spouting nebulous pointless concepts like "ethics". The only ethics in our profession is when you protect your client, win for them in Court, get the deal done for them, all while abiding by our legal and social systems.
Calling any criticism of a closed briefing circle โsocialismโ is a neat trick. It saves you the trouble of explaining why the same surnames keep winning musical chairs. Observation, sadly, isnโt ideology.
And if your only creed is money and stimulation, fair enoughโbut sneering at ethics while demanding trust is like mocking brakes while insisting youโre a great driver. Bold. Brief. Usually ends badly.
But do carry on evangelising. Faith, after all, is most useful when evidence is in short supply.
2. โAdvocacy, ethicsโ? I do not know about you, but I am a hardcore commercial lawyer whose only credo is competence, intellectual stimulation, making money and trust from my clients. You are laughable naive young man.
If calling out a cartelised briefing ecosystem is dismissed as a โchild denied a toy,โ that says more about how normalised gatekeeping has become than about the critique itself.
Also, treating โduffers and dalcops with contemptโ is an odd credo for a profession that still pretends to value advocacy, ethics, and open competition. But perhaps contempt is the only language that sustains closed clubs.
Youโre welcome to disagree. But sneering is not a rebuttal โ itโs an admission that the discomfort struck home.
bring back the epee
But honestly if senior designation or even AOR designation was to go away, the whole story that coaching centres, schools, parents etc sell that law is one of the most financially lucrative position would be gone.
Learning, Grind, Hustle is there to exist from the day you enter into the profession and the day you exit but money is the one keeping it worth. If seniors like Ram Jethmalani, Kapil Sibal, Harish Salve etc were not crorepati's, majority of the law aspiring folks would just walk away towards othe fields in the blink of an eye imho.
1. Certainty of payment. You'd be surprised how many counsels (even the most eminent ones) have to chase AORs/clients for payment. With their trusted AORs, payment is guaranteed.
2. Trust and accuracy. Recently, a plaintiff rep'd by one of the top SCs in Bombay was saddled with 50 lakh costs for suppression of facts. It was a major embarrassment for said senior. He told me that unless he had a briefing attorney like me, or he himself personally had verified all facts, he would henceforth not settle any pleadings or argue matters. Doubt he will stick by this though - his practice is far too lucrative, but, you get my drift. With trusted AORs, the SCs can blindly take their word for the truth because they know the immense amount of hard work and effort the AOR has put in to unearth facts and research the law. Since the relationship b/w the SC-AOR transcends the mere brief.
3. Joie de vivre. Many people don't get this. But ultimately, people, especially highly intelligent ones, want to be around others whom they like, whom they consider intellectual equals, and, who are dynamic, fun and stimulating. One cannot thrive in this profession if you do not have fun while you work. Highly intelligent folk find many people plain drab and plain boring.
Those without pedigree or patronage discover quickly that Supreme Court litigation is not a career path but a stress test. Brilliance is helpful but scarce; luck even more so. The genuinely intelligent do the sensible thing and leave for corporate practice.
As for the younger Senior Advocates: yes, their filing practices are unbecoming of the designation. But clients reserve premium fees for seniors alone. If one is not designated by the late thirties โ and is not already a Shardul, Pravin, or Karanjawala โ the market marks one as permanently โnon-premium.โ Early designations and discreet filing practices are the predictable result.
This is not decline; it is adaptation. The solicitorโcounsel divide is collapsing everywhere, including Bombay, and the incoming generation of AoRs is considerably more competent than your nostalgia allows.
Which brings us to your proposal: abolishing the Senior Advocate designation. Admirable in sentiment, catastrophic in consequence. Remove the only substantial financial incentive in litigation, and the Bar will empty faster than a Delhi courtroom at 4:58 PM on a Friday!
We need more and more law colleges including more NLUs with increased admission capacity.
There's acute shortage of lawyers.
What should trouble any serious observer of the profession is this: these firms function because senior counsel โ yes, the seniors themselves โ are feeding them the work. For anyone outside this comfortable little ecosystem, letโs be absolutely clear. This is a complete inversion of how the system was designed. The client never belonged to the senior. The senior was meant to be briefed, not to orchestrate the flow of briefs.
Then there is the matter of fees โ astronomical in many cases โ and the perpetual โunavailability.โ These obstacles exist primarily for those who stand outside the charmed circle. But route your matter through one of the favoured firms and suddenly the senior is available, the conversation changes, and the fee structure becomes remarkably flexible. It is, frankly, astonishing how openly and effortlessly this cartel operates.
Which leads to a question we have been far too hesitant to confront: has the time come to reconsider โ perhaps even dismantle โ the entire edifice of Senior Advocates and AoRs? The oft-cited claim that AoRs provide some form of meaningful filtration is, to put it politely, implausible. Everyone within the profession knows it. What remains today is a structure that is conceptually outdated and practically repurposed to restrict access to Supreme Court work.
And here we must also address the hypocrisy. A number of younger designated seniors โ including the NLS and NLU pedigrees who present themselves as the torchbearers of professional ethics โ are, in reality, running what are effectively law firms. They draft. They file. They brief other seniors. They do precisely what the rules say they should not โ all while maintaining a veneer of sanctimony about the honour of the designation. Even some of the โstarsโ so frequently lauded on this very platform are immersed in this charade.
Perhaps the time has come to speak about this openly โ and honestly.
Letโs discuss this.