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Comments of the Week: Imagine all the lawyers | Lost planets | AIBE status quos | How not to get fired…


LI: Now with moar comments
LI: Now with moar comments

The selection is out again dear readers, and we bring you speculations old, perspectives new, and advice borrowed in a week that had a mix of everything.

The star commenter this week envisages a happy place, some day in the future, where lawyers are free, and posits a remarkably simple strategy that AMSS could have used to actually emerge from the CLB debacle as a winner.


The story of the Amarchand-CLB order and why being a lawyer is (perhaps) the world’s fourth-most stressful job
Mindset and missed opportunity on 24 August at 3:46 PM

Clearly shows that the partner belongs to the class of lawyers who at least have known lawyers who are on the take from the opposite side and make “mistakes”!

You need to work with people you trust, if not then there is no point in talking about teamwork at PPT at law schools!

We have to realise that the new generation of lawyers want to restore respectability to the profession, a respectability where people would trust their lawyers, banks would not shy away from lending to a lawyer.

Things are changing, but the old guard still thinks “you took money and made the mistake.”
AMSS missed an opportunity here.

It should have showed some real leadership befitting a firm of its stature, welcomed the CLB order as a good sign to eradicate the practice of careless affidavits. It should have taken responsibility as a firm and then implemented measures to address the cause of this mistake and in the process helped the manner of practice before CLB and other courts.

Alas, they missed the chance and created very very bad PR for themselves.

2. The profession is in a strange place when your law school is on one lonely planet and the regulator comes from a parallel universe. This commenter’s lament is oddly beautiful but offers no answers.

Law teachers ask BCI for say in legal ed & to scrap compulsory web portal fees
Wise man on 23 August at 5:37 PM

In my view this shows the class and cultural divide in India. Mishraji is speaking from what he has experienced […]. The sad reality is that 99% of law schools are in small towns and villages and are of poor quality. […]

I think people from the young generation should explain to Mishraji that many faculty at the better law schools (like the ones who signed the letter) have studied at top universities abroad and know certain substantive law issues better.

They may not be experts in court rules and clerical matters like black coat wallas but they know more about various statues, WTO laws etc. And abroad it is very common for people to be appointed as judges from academia.

I feel sorry for Mishraji. In his letter he complains about how Americans eat with spoons and forks instead of their hands. In our homes we also eat with spoons and forks but we are only 1% of India and Mishraji represents the true India.

How do you explain to the masses that economic reforms and liberalisation is a good thing?

3. It is easy to forget sometimes what could have been, and what some hoped would be. The bar exam over its lifetime has swung erratically between tragedy and comedy. One Bored Lawyer separates the strangeness quotient from facts and intentions, and speaks up for a rarely-defended organisation

AIBE in Oct/Nov/6 months: BCI allows graduates to work with affidavit as bar exam faces ‘practical difficulties’ [Download undertaking]
Bored Lawyer on 23 August at 3:24 PM

Golly!! Did anyone read the undertaking? That piece of paper is enough of an endorsement for having a Bar Exam and a component on English. Atrocious language.

I cannot believe that they didn't set out any penalties for a breach of the undertaking. And I really wonder how they will monitor this piece.

I think this exercise is designed to bury the Bar Exam. They will keep pushing this around and then the Bar Exam will end.

Why did the BCI not go ahead with the tendering way in advance? All this hue and cry about Rainmaker and nepotism turned their heads and they have gone into a huddle again.

Why could they not have allowed Rainmaker to conduct the August/October instalment and carried on the tendering process for the next one? Why has no one (other than GS) acknowledged Rainmaker's stellar conduct of the exam? For all the accusations of nepotism, we have not heard any appreciation of their efforts in preparing stellar materials and conducting the exams well.
If anybody other Rainmaker wins the tender, they will take about 6-10 months to set up systems. And clearly it appears that this is the way the BCI seems to be going with. And don't tell me a Pearson that barely understands India is better qualified than Rainmaker that has proved itself capable and able.

All this hue and cry about making sure that this is addressed at the university/law college levels is absolute balderdash.

The Bar Exam was meant to increase the standard at the Bar, as the resolution of the issues at the legal education level will require a generational change. Even the NLUs cannot get (have never got) top notch faculty, where will 800 law schools get that.

It is indeed very sad that the legal profession is so happy to remain mired in mediocrity.
If things have to be changed, one particular set will have to pay the price, as is what is being asked of 3-4 batches of law graduates. As with everything in the country, nobody wants to pay a price and everyone wants the benefits.

We will continue to wallow in mediocrity and even liberalisation will not help in this. So, the next time there is a collective breast-beating on how the standards are appalling, lets all remember that we have all contributed to it.

Honourable mention: A crash course for young lawyers on liability insurance. Required reading for all associates who care about their jobs and want to avoid nightmares.


The story of the Amarchand-CLB order and why being a lawyer is (perhaps) the world’s fourth-most stressful job
A lawyer on 24 August at 11:58 AM

[…] Fourthly, to all law firm associates - do not file anything important without at least formally bringing any closing document/affidavit/opinion, to the notice of the supervising partner.

An email addressed to the Partner attaching the document, sufficiently in advance, would ensure keeping on record the fact that the matter was brought to the notice of the concerned Partner.

If there be any errors subsequently, the Partner ought to shoulder it and there can be no excuses.

Fifthly, for clients, ensure that each and every filing, execution is done after getting the go ahead from the Partner supervising your matter in a law firm.

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