The Spirit of Laws

THE spirit of law has evolved a great deal since its first appearance in 1700 BC in the code of Hammurabi. Four hundred years later came the Mosaic Law, the essence of which is found in the modern law of today.

The Manu Smriti - a compilation of rules and regulations is recognised as the earliest form of law document of ancient India. Today the constitution enshrines the rules and regulations, penalties and punishments and the judiciary is the guardian and interpreter of the Constitution.

The complexity of the Indian law makes the job of a legal professional increasingly significant. The social and business dynamics of the country has made the profession more challenging than ever now. A glimpse of the important positions in the profession.

Advocates

A lawyer's job involves fighting for justice on behalf of individuals or companies, and arguing in their favour in the court of law. They offer advice on the best course of action that a party needs to take and help interpret law and its application to the situation. Lawyers also draw up wills and offer advice on income tax issues. A few may opt to study in England and take the degree of Barrister-at-law. After gaining seniority they can become the Queen's Counsel.

Graduates in law may make their debut as assistants to established advocates. Their job would initially require maintaining files, undertaking research and accompanying the advocate to the court.

Solicitors

Solicitors consult for commercial organisations. They are required to attend legal proceedings of the company in the court of law. Solicitor's firms provide legal advice to clients and usually have specialised departments to undertake different issues like commercial law, company law, insurance and others.

A person studying law can join a solicitor's firm as an assistant. His job would be to get familiarised with laws, cases, and filing of lawsuits and notices. This involves a lot of paperwork and research. He can be promoted to the level of a senior assistant and eventually join either as a partner or start his own firm.

Legal executives/Paralegals

They make up the legal department in an organisation and their job is to advise the company on legal matters and work on cases that are related to the company. They also draft agreements and legal documents for the company. Clerks of Chamber assist in the documentation and paperwork.

Legal professionals for the Armed Forces

Law graduates can apply for the legal branch of the armed forces - the JAG's office (Judge Advocate General). They would be designated to work for the judicial system after clearing the various related tests, and would take part in courts martial. Upon retirement they would need to take a bar exam to practice in civil courts.

Legal professionals in governmental services

The state, central government as well as public sector organisations employ lawyers in their legal departments. Legal professionals work in the Supreme Court, High Courts, Sessions Courts, Civil and Criminal Courts. A candidate who clears the Law service commission or the State Public service commission can be appointed as a Munsif. The judicial roles include those of Judges, Magistrates, Arbitration masters and the non-judicial roles include the posts of sub divisional magistrates and district magistrates. Seniority and experience can qualify these judges to be appointed to the High Court and Supreme Court. Registrars manage the administrative duties in the High court and are assisted by Clerks of Court who see to all the paperwork involved.

It is the responsibility of a judge to conduct a fair trial and pass a verdict that is in accordance with the law as well as uphold the rights of an individual.

The Central and state administrative tribunals employ lawyers to settle dispute on public service related issues in public services. The two most important offices are that of the chairman and presiding officer.

There are other law professionals like Political advisors, lawyers in the information services who write articles and conduct programmes that inform the masses about legal issues and also work as consultants for companies.

Formal education

A three-year LLB course after graduation is offered by most universities and is the minimum qualification to enter this field. A five-year integrated BA LLB (Honours) course after Intermediate (+ 2) level is a comprehensive course that includes practical training and projects that can equip you for the profession. Some schools, like the National School of Law University, Bangalore conduct an all-India entrance test for admission.

The LLM degree is a 2-year postgraduate course. One can also go abroad for higher studies in Law. There are diploma courses available in labour welfare, taxation, international law, criminology and forensic sciences etc.

Specialisation in Law

A legal professional needs to specialise in a particular field. It could be civil law (real-estate, tort, tax, personal, family law etc), criminal law, company law (maritime law), international law (to work for international organisations like the International Court of Justice) etc.

Soft-skills

Intellectual ability, presence of mind, good communication skills and language fluency are the basic skills necessary. One should be capable of convincing argument to be able to grill defendants and witnesses in court. Legal professionals should be resilient to change and possessing high energy levels and an ability to work long hours, which could also include travelling to different places.

Women are becoming increasingly active in this field of work and have made a mark in the profession as lawyers and have even risen to the level of Supreme Court judges.

ARCHANA JAYAKAR

archana.hyd@careercommunity.co.in