Modern Challenges Faced By The Legal Profession
Lawyers role is our society is very intense. Advocates was the most admired and confident member in the community. As time passed the role of the lawyers has evolved, the economic down, changes in the society and other various factors have compelled the lawyers to look the practice of law, not as a profession but as a money minting machine.
The legal profession is facing tremendous economic pressures. Not only that it is facing competitive pressure as well, from accountants, financial advisors, realtors, and title agents and many others. Thanks to internet who have made it more worst for lawyers to survive, as internet is making it more easy and simpler to compete with lawyers. It has given a wide platform to other professions in India to expand, which becomes a minus point for lawyers, as they are not permitted to advertise their services in India where as other profession can do that.
The doors have opened to transnational practice by lawyers which has widen by the World Trade Organization’s General Agreement on Trade in Service (GATS). Advocates and lawyers have discovered the new competition challenges from within the profession. In today’s new era of technology, lawyers have rating system, both internally from legal community as well as externally from public. Survival for lawyers has become super challenging with the changing time. To match with the latest trends and identifying competitive advantage in market, lawyers and firms are turning to law firm managers and legal information managers.
From past 30 years, technology change has gradually crept into the legal community. The availability of communication tools and the dominance of information technology have mutated the law practice. Though the nature of legal conflicts handled by practicing lawyers has remained exactly the same but there is impressive change, the way lawyers practice and convey advice. The merger of knowledge- which is available in the public domain free of charge, creates pressure in the relationship of client and attorney.
In today’s era, consumers shop everything online from bank to conduct business activities and even paying bills or taxes online. Not to be astonished, many of them hire legal advice online from their lawyers and law firms, either telephonic or through portals, blogs and other online companies.
Legal research has been and is still an extensive ongoing process in India. There are several qualitative levels at which the research happens, just like in many other countries. This research broadly has two features: one, it is not addressed to anyone and everyone i.e. restricted to a specific audience which is of forensic profession (judges and lawyers); two, this research is for the purpose of serving these professionals in better discharge of their work tasks. The research material- books and papers, due to their highly technical nature, these are of no use for commoners. It is thus that legal research is known as a Monodisciplinary.
Contempt of court has become so commonplace. Incidents of lawyers disrespecting judges are heard almost everyday. This is a great hindrance in the administering judges. The misunderstandings and grudges lead to delays and added sufferings for people already struggling to fight for justice.
To boost economic stability, the State Bar can play a vital role in identifying, analyzing and communicating these trends to its members. And most important, the right to advertise should be given to lawyers as this privilege has given to other professions. It’s a hard core competitive era and to survive, lawyers need right to advertise, which will help them to earn their livelihood and survive.
Indian society is an ignorant society, therefore ,research done my law students, practitioners and students should be multidimensional and should be made publicly available, so that people can get aware about it.
Legal apprenticeship plays a vital role in the establishment of law-abiding society. Prominence in legal education and research is very important, because it will help in shaping the quality of the rule of law. Measures by all legal, judicial, constitutional and institutional should certify that the rule of law should be directed towards conveying respect for law by promising that it will be executed equally and fairly. In this connection, there are some issues that are worthy of serious attention.
MORALITY AND ETHICS
It is disappointing to see the declining value of legal education and general morality and ethics in the new generation of lawyers has led to contempt of court emerging as a common phenomenon. The old and respected institution of judiciary has had to evolve in order to keep up with the evolving needs of the society. However, the tradition of respect and honour is still deemed as a crucial aspect of this profession. It is therefore required to curtail the occurrence of such incidents so often. In this regard, the existing law has a weak hold. A mechanism to stop anyone from evading the law is an urgent need. No disrespect towards judiciary should be entertained, and strict provisions to stop the same are required. Young aspirant lawyers are subjected to a training period so that they learn the moral paths of working in this profession, just like a training provided to the professional of any other field.