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Mandate 3-year trial court experience: High Court
Observing that law graduates without any experience are unable to effectively adjudicate matters, the Madurai bench of the Madras High Court has directed the Bar Council of India to take steps to prescribe at least three years’ experience in the trial courts to qualify the advocates to appear before the High Court and five years of experience in the High Courts for appearing before the Supreme Court.
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A division bench comprising Justice N Kirubakaran and Justice SS Sundar, said, “There is a misconception amongst some of the young advocates that practice in HC and SC would give status and money without gaining any experience from the trial Court. The trial Court experience cannot be obtained from the Constitutional Courts.”
“Experience in trial court is necessary to know about the procedures followed since most cases start from lower courts. Only when the advocates are well experienced in drafting, conducting trials and appreciating the evidence would be in a better position to appear before HCs,” the bench added while seeking the Bar Council to consider this issue also.
“The legal profession is not a child's play. The rights of the people are involved. Therefore, enough knowledge and experience are required not only for giving legal advice, but also for filing and presenting the case before the court, supported by statutes and precedents. We cannot expect everything from the newly enrolled lawyers, who have just completed the law course,” the bench said.
"By observing so, this court does not mean to underestimate the newly enrolled advocates. But, at the same time, experience is required, so that, the clients, advocates and Courts would be benefitted," the bench added while posting the case to April 10 for further hearing.
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