Wednesday, 20 October 2021

 

How to Become a Lawyer Without Law School

Every year thousands of professionals take bar exams and Law degrees to practice law in different parts of the country. All those who will pass this exam will become a step closer to practice lay in their respective states and those who fail will have to get back to studying and try their luck next year. Almost all the people who want to practice law follow these steps and toil hard to pass the bar exam. They take courses in an American Bar Association-approved school and spend lots of money to pass the exam. In an internship, they have to spend house fetching coffee for corporate lawyers and attorneys.

Not many know but out of all those who appear for the bar exam there are few who take a different route to become a successful lawyer. In this way, people are saved from thousands of dollars that people spend on bar exam preparation courses. Becoming a lawyer without going to college and taking a bar exam can be a very difficult and costlier way forward. Last year out of 83,963 people who appeared for the exam about 60 came from apprentices. Out of the 60 people, only 17 passed the test.

What to do for becoming a lawyer?

becoming a lawyer in india

There are many benefits of taking the apprenticeship for the purpose of becoming a lawyer. The most important benefit of this process is that it can save you thousands of dollars which you would have to spend otherwise on courses. Most of the students take some loan or debt for the purpose of a law degree and an apprenticeship can save you from getting into debt. This can let you study in the area where you want to practice your law and thus it can give you ample time to build a network of clients and contacts which can give a boost to your earning.

If you are someone who really wants to inflict any change then this can be the best process. When you do not have any major debt then you do not have put all your focus on earning lots of money. It can give you ample opportunity to look for cases and areas in which you have your interest and want to make some kind of change. This program can also make sure that you focus on the aspects which you want to make your career. You do not have to leave your house or your city to study law but on the other hand, you can get the best deal for yourself.

Requirements for the program

It must be noted that apprenticeship is a  very complex program and its requirements vary from state to state. If we consider an example of California then apprentices will be required to study and work with an attorney for about 18 hours every week for four years to get the required membership. Supervising attorneys will also have to monitor bi-monthly progress reports and take monthly exams of students. They would have to take a law examination after the completion of the first year and make sure that students are eligible for taking a bar exam.

Fees that are required for the apprenticeship are very less if compared with the law school tuitions. There is a basic fee break up which can provide you with a clear indication of the money required for the purpose of getting the apprenticeship:

  • Registration: $150
  • Bar council fee( every six months): $30
  • First-year law exam: $500 to $900
  • Exam after four years: $1000
  • Study material and books: $1000

Getting a supervising attorney

To get an apprenticeship it is very important that you find yourself an attorney who can help with the process. Getting a good attorney is very important as it can make sure that you get the best way to train yourself and get the much-required experience. in many cases getting an attorney has been a stumbling block as most of the time attorneys are not ready to take the responsibility of the apprentice. Also, there are many different laws when it comes to selecting an attorney. For example, if you consider California then the attorney should be practicing as a lawyer in California for at least five years. Apprentice will have to spend more than five hours every week with the lawyer who is supervising you.

Ideally, it is very important that you find a supervising attorney who practices law in the area in which you want to specialize in. this can be very crucial as it can make sure that you get the much-needed training and practice for your future. It will provide you with a chance to develop contacts and approach those who are looking for any such service. Supervising any apprentice is a very long-term commitment that needs a lot of time and energy. One also needs to take tests and administer the progress of the attorney. They would have to explain all the complex terms and make sure that all the legal topics are nicely explained to them. They should provide the students with opportunities for students to ask questions and doubt if they have any. An environment should be set up where students are let to explore the process of learning and get complete satisfaction and joy in the four years when they are with the supervisors.

Building Community

become a lawyer

When it comes to law school, one of the biggest benefits is that people are all the time surrounded by other lawyers and students. It can provide you with many good ways to build your contact and gauge the progress of your education. When you are in the apprenticeship program you would have to make a lot of effort for the purpose of building contacts. One thing in which it works is that all the contacts that you will be building will be in your place of practice. You will also be surrounded by clients and it is very important that you learn how to deal with them. It is also very important that you join some discussion groups and forums of lawyers to increase your contacts. It can help you a lot in the long run and make sure that you get the success that you need.


Tuesday, 19 October 2021

 

5 Best legal blogs of 2020- 21 for Lawyers

best legal blogs 2020

Legal blogging plays an indispensable role in developing the legal spectrum. It demystifies the law, making it accessible to even the common man. The following are the 5 Best legal blogs of 2020 – 2021 for Lawyers –

With its highest standards of professionalism, above the law is one of the most excellent legal blogs across the world. It publishes trend-breaking pieces on an everyday basis and provides news, opinions on various judgments, law firms, law schools, governmental issues, and varied legal technologies. Published by Breaking Media, it also aids and advises job seekers by providing different job postings available throughout the country.

Read Also – Top 5 Law Firm Websites

One of the fascinating features of this legal blog is that it posts approximately 19 posts per day. It keeps the legal fraternity updated with the current legal developments across the world. The blog also reviews the latest judgments of the Supreme Court of the United States of America. Through insightful features and witty remarks, it stands out to be among the top legal blogs.

The Supreme Court of the United States (SCOTUS) blog is dedicated to providing detailed and comprehensive coverage of the court and its cases. It is handled by a dedicated team of lawyers, students of law, and journalists. Through its easy-to-understand analysis of cases, it plays a vital part in imparting legal knowledge even to the common man. Additionally, they host podcasts called SCOTUStalk in which they have insightful takes on events and topics related to the Supreme Court.

SCOTUS blog has received awards such as the Peabody Award for excellence in electronic media, the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system. It provides links to online symposia addressing court cases and issues involving the court and other necessary resources. Hence, it helps in fostering knowledge about the intricacies of the legal system and, consequentially, making the law more accessible.

The Crime Report is a criminal justice-oriented legal blog covering the sweep of subject areas, from drug law to hate crimes and wrongful convictions. TCR blog provides the latest news, interviews, and columns spanning the entirety of the criminal legal spectrum. They also provide commentaries by renowned criminologists, law enforcement experts, and reports on the latest criminal justice news, which makes headlines across the globe.

Other striking features of the blog include an updated calendar of events in the criminal justice field, with downloadable resource materials on the contact list of experts, case studies, reporter’s handbooks, and much more. It is headed by two national organizations, namely the Center on Media, Crime, and Justice, and Criminal Justice Journalists. They also provide internships to aspiring criminal justice professionals and journalists.

Founded in 2002, the Volokh Conspiracy is the brainchild of Eugene Volokh, professor of UCLA School of Law. They were affiliated to the Washington Post initially; later, they moved to Reason Magazine. It is handled by a team of dedicated law professors who are libertarian, centrist, conservative, and a mix of all these. The posts are focused on traditional news analysis and exciting new legal developments.

Furthermore, they have published books on various subjects. They also have the Volokh Dail Mail through which the readers get each latest post on their mailbox. It is of the internet’s most-read blog with a diverse readership spanning from scholars, policymakers to even Supreme Court Justices.

Heated public debates over the Affordable Care Act were set forth through the legal blogging at the Volokh Conspiracy. They have been vital in formulating constitutional arguments against the Act. It was the first time when a blog was part of developing arguments submitted to the Supreme Court. They also provided momentum to various debates and discussions on the Obamacare litigation.

Legodesk is one of the prominent legal tech blogs with a dedicated and committed team hell-bent on providing legal knowledge. It also aims to integrate technology with the law to bring out the maximum potential of practicing lawyers. The blog itself deals with various comprehensive legal areas and, additionally, provides tips, ideas, and advice to legal professionals to make the most out of their legal practice.

Read Also – How To Increase Your Law Firm’s Online Presence?

It operates under four heads as Legopedia, legal practice, student’s corner, and experts speak. Consequentially, it provides extensive legal technology resources and insightful articles on core areas of law. Hence, legodesk is the right platform providing an intersection between law and technology.


Monday, 18 October 2021

 

Why Indian lawyers must have knowledge of corporate finance?

India has witnessed tremendous growth in the corporate sector in the past few decades. There has been an increase in the set up of businesses and industries, leading to a rise in competition. Corporate finance has played a significant role in the advancement of the corporate sector. Every company ensures that all its financial and investment matters are handled with due care and expertise due to which corporate lawyers are much in demand. A lawyer who has knowledge about corporate finance serves many purposes for a company. Starting from acting as a financial advisor for the company, handling all the business negotiations, mergers and acquisitions and other financial and investment decisions to providing legal advice and taking care of the legal rights and duties of a company, a corporate lawyer can do it all.

What is Corporate Finance?

Corporate finance is primarily concerned with the financing and investment decisions taken by businesses or companies to achieve their corporate goals. Its object is to allocate corporate funds or resources in such a manner as to maximize the profits of the shareholders. The study of corporate finance thus, allows us to understand the financial objectives of a company while creating a balance between the interests of owners or shareholders and creditors or employees, suppliers, and customers.
Read Also – Legal Management Solutions

Why is the knowledge of corporate finance important for lawyers?

In the corporate sector, lawyers have to offer a variety of services to their clients. They have to handle all the business activities of a company which includes negotiation, mergers, and acquisitions, buying and selling of the business or business assets, drafting agreements and financial reports, assisting in financial matters, taking care of the legal rights and duties of a company and many others. To deliver all the above-mentioned services in a diligent manner, it is necessary for Indian lawyers to have basic knowledge of corporate finance.
Read Also – 10 Must-Know Facts About Finance Act 2018

Equity and Debt financing

Financial stability is crucial for a business to flourish as well as sustain. It acts as a pillar of the business. While getting financial support for your business may seem like a mammoth task, choosing the correct mode of financing is even tougher. Equity and Debt financing are two ways through which businesses can seek financial support. In debt financing, the creditors lend some amount of money to the businesses which are paid back with due interest. The creditors cannot own the business, whereas, in equity financing, investors invest money in businesses and accordingly receive the profits. In inequity financing, investors gain some control over the business. People often get confused between the two. It is the job of a corporate lawyer to tell his clients the difference between equity and debt financing, weigh the pros and cons of both methods and advise his client accordingly which one will be the most suitable for the company. Hence, basic knowledge of corporate finance is a necessity for lawyers.
Read Also – Some Latest Updates About Ministry Of Finance in India

Mergers and Acquisitions

The two most common methods adopted by companies to expand their businesses and gain more revenues is Merger or acquisition. The merging of two or more businesses or companies involves a lot of legal technicalities and issues. A corporate lawyer plays a major role during mergers. He drafts legal documents and assists in negotiations and resolves legal queries. A corporate lawyer also provides guidance on the structure of the transactions, which includes guidance on a stock purchase, asset purchase, or tax-related issues. During acquisitions, a lawyer reviews the finances of the company, their liabilities, real estate leases, or any pending cases in which the company may be involved and then determines what portion of the company will be sold and what would be the structure of the deal. Therefore, it is essential for a corporate lawyer to have some knowledge of corporate finance to render the above-mentioned services efficiently.
Read Also – Average Salary of a Corporate Lawyer in India

Miscellaneous functions

Apart from the roles listed above, a corporate lawyer performs several other major functions for which knowledge of corporate finance is essential.

  • Investment- A corporate lawyer serves as the legal advisor of a company. He guides his clients to make proper investments in shares, securities, and debentures.
  • Loans and Borrowings of the Company- A corporate lawyer is required to provide legal assistance in financial matters as well. He has to handle the loans and borrowings of the Company and ensure that inter-corporate loans shall be limited, and the guarantees and securities are given should be restricted to 60% of the paid share capital.
  • Deposits- A corporate lawyer plays a crucial role at the time when his client company accepts deposits. There is a certain procedure that the public and private companies need to follow while accepting deposits. Notice to the members of the company needs to be given, an application needs to be filed with the Registrar of the company, and separate bank details need to be provided. A lawyer ensures that the above procedure is followed in a proper manner, and the finances of the company are managed efficiently.
    Read Also – What are the biggest challenges facing corporate law firms today?

Conclusion

Corporate lawyers are deemed to be experts in company and business laws. They must have a good understanding of legal entities, shares, deposits, securities, and other corporate and financial elements to assist their clients in various business transactions as well as operations. To achieve this purpose, lawyers should be well-acquainted with the basics of corporate finance.

Sunday, 17 October 2021

 

10 MOST INTRIGUING INDIAN COURT CASES

India has witnessed a number of interesting court cases, all different from each other; yet have one or another thing in common. The cases mentioned in this article bring forth and highlight the drawbacks and loopholes in our system or maybe, in our constitution. From a case of identity to that of corruption, you will explore all kinds of court cases that are interesting and thought-provoking too.

Here are some of the most important and influential cases in Indian history:

1. K.M. NANAVATI vs the STATE OF MAHARASHTRA

This case was the last time there was a jury trial in India. KM Nanavati, a naval officer, murdered his wife’s lover, Prem Ahuja. A jury trial was held to decide whether it was a crime of passion (carrying a ten-year sentence) or premeditated murder (life imprisonment) to which Nanavati plead ‘not guilty. The jury ruled in favor of him but the verdict was dismissed by the Bombay High Court and the case was retried as a bench trial.

2. STATE OF ORISSA vs RAM BAHADUR THAKUR

This is a bizarre one. Ram Bahadur Thapa was the servant of one J.B. Chatterjee of Chatterjee Bros. firm in Calcutta. They had come to Rasogovindpur, a village in Balasore district in Orissa to purchase zero scraps from an abandoned aerodrome outside the village. Because it was abandoned, the locals believed it was haunted. This piqued the curiosity of Chatterjee who wanted to “see the ghosts”. At night, as they were making their way to the aerodrome they saw a flickering light within the premises which, due to the strong wind, seemed to move. They thought it was will-o’-the-wisp. Thapa jumped into action as he unleashed his khukuri to attack the “ghosts”. Turns out, they were local Adivasi women with a hurricane lantern who had gathered under a Joshua tree to collect some flowers. Thapa’s indiscriminate hacking caused the death of one Delhi Majhiani and injured two other women. The Sessions court judge, however, acquitted Thapa declaring that his actions were the result of a stern belief in ghosts and that at the moment, Thapa believed that they were lawfully justified.

3. MATHURA RAPE CASE

This is one of the most important cases in the country, because the protests that followed the verdict, forced some important changes in rape laws in India. Mathura, a young tribal woman, was raped by two constables within the premises of the Desai Ganj Police Station in the Chandrapur district of Maharashtra. The Sessions court judge found the accused not guilty. The reasoning behind this was (believe it or not) that Mathura was habituated to sexual intercourse. This, according to the judge, clearly implied that the sexual act in the police station was consensual. The amendments to the law that were forced by the protests got one thing right – submission does not mean consent.

4. NALSA vs the UNION OF INDIA

This is the landmark decision by the Supreme Court of India which declared that Transgendered People were the ‘third gender’ and that they had equal rights as any other gender. The petitioner, in this case, was the National Legal Services Authority (NALSA).

5. KESAVANANDA BHARTI vs the STATE OF KERELA

If there’s one reason India can still call itself ‘the world’s largest democracy, it is this case. Swami Kesavananda Bharti ran a Hindu Mutt in Edneer village in Kerala but the state wanted to appropriate the land. Bharti, who was consulted by noted jurist Nanabhoy Palhkivala, filed a petition claiming that a religious institution had the right to run its business without government interference. The State invoked Article 31 which states ” no person shall be deprived of his property save by authority of law. ” A bench of 13 judges deliberated on the facts of the case and through a narrow 7-6 majority, formulated the Basic Structure Doctrine, which puts some restrictions on how much the Parliament can amend the Constitutional laws. In many ways, the judgment here is considered to be a big middle finger to the then Central government under Indira Gandhi. Soon after, the emergency followed.

6. LAL BIHARI IDENTITY CASE

This case highlighted corruption in the government offices of India, especially in Uttar Pradesh. Lal Bihari, a young farmer, was dead according to the government records. He came to know about his death when he approached a bank for loan approval. Furious Lal Bihari felt so helpless but he gathered all his strength to fight for his identity. He went to the court, added the word ‘mritak’ to his name, abducted his cousin who illegally snatched his property, tried to enter parliament, appealed for granting widow’s pension to his wife, amassed nearly all people who were deceased according to government officials. His efforts did not turn out to be vain. After 18 years of struggle, he was finally declared alive by the district magistrate of Azamgarh. Lal Bihari did not only get his identity back but he also won his land and property through his consistent efforts.

7. THE SHAH BANO CASE

This case often used as a benchmark by the court, is one of the most controversial cases of maintenance. Shah Bano, a 62-year-old woman from Indore and mother of five, was divorced by her husband in 1978. Unable to provide even the basic necessities to her children, Shah Bano knocked on the doors of the court. The Supreme Court of India heard her plea and passed its judgment in the favour of Shah Bano, ruling that she should be given maintenance money every month. The SC called forth Section 125 of the Code of Criminal Procedure, which appertains to all irrespective of caste, creed, or religion. However, this judgment brought about a huge public dismal. The Muslim community opposed this decision, as it contradicted the Muslim Sharia laws. In haste, the Congress government passed the Muslim Women Act, 1986; which impoverished the Supreme Court’s decision and denied any kind of maintenance money or alimony to any Muslim woman after divorce. Sad but true! Bano lost to dirty politics.

8. TARAKESHWAR CASE

This case was so (for lack of a better word) ‘popular’, that authorities had to sell tickets to let people come inside the sessions court. And the story itself is nothing short of a blockbuster. Nobin Chandra slit the throat of his 16-year old wife, Elokeshi, who was apparently having an affair with the mahant of the local Tarakeswar temple. Even though Nobin Chandra handed himself over to the police and confessed his crime, the locals were mostly on his side. The police had to let him go after two years, even though he was serving life imprisonment while the mahant was arrested and put behind bars for three years. Alternatively, there were also rumors that the mahant had raped Elokeshi on the pretext of helping her out with “fertility issues”.  This case was really important for that time period because this was seen by the society as one of those moments where the British rulers meddled in the affairs of the Bengali bhadralok and a temple priest, something that was very rare back in those days.

9. INA TRIALS

Indian National Army was formed with the aim of acquiring independence from India with Japanese aid, in 1942. INA majorly constituted Indian prisoners of war, held by Japan. Formed and led by Subhash Chandra Bose, INA managed to shake the English. However, the agitation brought about by the INA couldn’t last for long. The British government made serious efforts to abandon this force and several top guns of INA were scrutinized by the British government on charges of disobedience, revolt, and sedition, etc. INA trials are widely known as Red Fort Trials, because the first court-martial, was done in the Red Fort in Delhi in November 1945. All ten trials were held from November 1945 to May 1946. These trials are among the ‘rarest of rare cases. And the reason is: during the time the trials were done, there was a widespread public outrage and the Tricolour of Congress waved in the sky with the Green flag of the Muslim League. Though the charges were of treason and conspiracy, general masses of British India supported these brave men and saw them as national heroes.

10. 2G SPECTRUM CASE

This scandal was placed at number 2 in Time magazine’s list of Top 10 Cases of abuse of Power. The protectors of the law themselves broke all the laws and gave an example of a high level of corruption in India. This scandal got worldwide attention. The government officials and some politicians illegally distributed Frequency Allocation Licences to mobile phone companies. These licenses were being provided to create 2G consent for mobile phones. Though the government claimed that the licenses were granted on a ‘first come first serve basis and that ‘zero loss’ was caused during the distribution process, yet CBI filed a charge sheet in April 2011 mentioning that these fraud deals clinched the loss of INR 309845.5 Million. All the guesses of loss or profit were put to halt when the Supreme Court passed judgment on 2nd February 2012. The SC affirmed that the allotment of licenses of the spectrum was ‘unconstitutional and arbitrary’. The SC also nullified 122 licenses distributed in 2008. A.  Raja was the minister of communication and I.T. at that time and he is the prime accused in this scandal.   


Monday, 11 October 2021

 

Top 10 Reasons Lawyers Loves Their Job

Top 10 Reasons Lawyers Loves Their Job

The only time when one doesn’t have to work is the time when he/she loves the job they are into.

Great and responsible work requires an ample amount of dedication while performing a job, which is only possible if one loves the job he/she is hired for. What if being a lawyer is a dream job for the people who aspire to bring change in society just like Arshad Warsi and Akshay Kumar did in the Jolly LLB series of Bollywood!

Automate your practice with our legal practice management software – Sign Up Now!

Being a lawyer is not a Paragon’s pick but if one can resolve the merits or perks of being a lawyer then he/she would definitely love that job. Pondering over the lawyers’ list of being optimistic about the job they perform, we have listed the top 10 reasons: why lawyers love their job?

1. Health of Wealth:

gavel-and-stethescope
Image source-AM Rounds

An attorney’s (lawyer) financial status is the foremost thing that strikes our minds telling us that this job is healthy for being a wealthy enough person. Lawyers may come across various high-profile cases in which they can charge their fees according to the status of their clients. Moreover, in a country like India where the verdicts are given after decades, lawyers are the one who has their fixed income for 20 or more years for a single suit only. Apparently, this makes them the wealthier people who have the potential to earn more than the national average income, annually.

2. Flexible working hours

Who would hate his/her job when he/she has to work according to their own working hours except the on the dates of proceedings. A lawyer can work on arguments for a suit at night or during his office hours, it’s totally his/her own choice and doesn’t even have the pressure of deadlines except for the court dates.

3. Learning must go on

Everyone loves the curiosity and urge to keep on learning something new coz the day when one stops learning is the day one has stopped learning to live his life in a lively manner.

We all are living in a democracy which is an outcome of the flexible Constitution we have, which allows our legislature to make amendments and updates in the legal system of India which demands a lawyer to be constantly aware and learning about them.  

4. Competitive platform

It is very rightly said that in the competition one gets to know his/her real work potential as that is the time when he/she puts in every effort of theirs. Similarly, an attorney loves his job because the competitive environment is an indicator of his own potential ascertaining the improvement requirements.

5. Development of analytical skills

lawyers jobs
success is target

A lawyer is capable of giving an analytical perspective to every situation and acts accordingly.

“I considered going into business or becoming a lawyer – not for the money, but for the thrill of problem-solving.”

-Lisa Randall

Analytical skills are required to handle the different dimensions of life and lawyers are experts just because their profession which motivates them to create unique approaches whether in the lawsuits or their own lives. Thus, this skill is a loveable thing about being a lawyer.

6. Dignified job

We live in a society where prestige is directly proportional to the profession we are into. And if we talk about being a lawyer then clearly it’s one of the most prestigious jobs, which is acquired after many years of studies and research works.  Lawyers love to be a part of a profession where they are respected for what they are doing.  They tend to have a different status in society just like doctors, teachers and engineers do.

7. Momentary Saviours 

It’s a proud moment for an attorney if he/she gets the opportunity to help others when in need. There are cases for which the advocates don’t come up for, due to the low financial status of the clients. At that time a lawyer comes in front and offers to deal with their case then not only he is contributing to social welfare but also this would be a positive factor for his/her career as he will gain the able position among others.

8. Workplace

Lawyers within the corporate sectors or any other private sectors have their own cabin and soothing work environment. A peaceful place is loved by all and also by the lawyers where they enjoy a complete solitary environment which helps them to work properly.

9. Command over speech

“I’m a soulless lawyer, give me an opinion and I will argue over it.”

A lawyer is capable of having a good command of his speaking skills. It becomes easier to convince the other party when you are confident in your speaking and convey your thoughts smoothly. And a good speaker portrays a brilliant image of himself in the mind of others.

10. Unique Attire

At last in our list let’s be a bit trendy while talking about the dress code lawyers have. Black and white formals, makes a man/ woman look gracious and vibrant enough to balance the dark and lightest shades. Lawyers’ presentation of themselves speaks a lot about their elite profession. Not only making them eye-catchy but also their identification easy.

Conclusion

The lawyers are the soldiers of the Constitution and their job is what makes them so. The loving law as a profession is a privilege enjoyed by the people practicing it as it not only makes you financially stable but also helps in social well-being.  It doesn’t only make a lawyer look generous but also makes him/her capable of outshining his/her command over speech.