SC flags ‘brain drain’ in legal profession, directs creation of fund for young lawyers

Published 19 June 2026 · india

Observing that the legal profession risks a “brain drain” if financially struggling young lawyers are compelled to abandon litigation for careers offering greater financial stability

Observing that the legal profession risks a “brain drain” if financially struggling young lawyers are compelled to abandon litigation for careers offering greater financial stability, the Supreme Court on Friday (June 19, 2026) directed the creation of a “Young Lawyers’ Professional Assistance Fund” in every State and Union Territory. A Bench comprising Chief Justice of India Surya Kant and Justice V. Mohana noted that the initial years of legal practice often impose severe financial hardships, particularly on first-generation lawyers and those from economically disadvantaged backgrounds. It pointed out that many promising young advocates are forced to leave the profession in order to continue supporting their families as “primary breadwinners”. The Bench also acknowledged that a financial and social support network can help young lawyers navigate the uncertainty that characterises the early years of practice. It observed that the decision to continue in litigation is often shaped more by economic considerations than by merit or professional aptitude. “A young first-generation lawyer entering the Bar does not immediately inherit an office, a library, a stable clientele, or a predictable source of income. During this formative period, many junior advocates remain dependent upon modest stipends paid by their seniors or, in some places, by local Bar Associations, which are often insufficient to meet even their basic living expenses,” the Bench said, adding that the absence of a steady stream of clients and the limited remuneration available during the early years of practice often result in acute financial hardship.

The top court passed the directions while hearing a petition filed by a group of six women lawyers seeking improved infrastructure and welfare measures for members of the Bar across the country. Appearing for the petitioners, senior advocate Monika Gusain submitted that young lawyers face several “systemic barriers and roadblocks” during the initial years of practice, including the absence of a fixed stipend to help them cope with financial uncertainty. To address these concerns, the apex court called for the creation of a fund to be placed under the control of the jurisdictional High Courts or an autonomous body constituted by the Union and State governments. “It, thus, seems to us that a Young Lawyers’ Professional Assistance Fund must be created and should be established under the exclusive control of the jurisdictional High Courts or an autonomous body constituted by the Union of India in consultation with the State Governments. A framework of such nature will inspire greater confidence amongst prospective donors and contributors to the Fund,” the Bench said. ‘Self-sustaining fund’ The Bench also outlined possible sources of funding for the proposed scheme. It suggested that Parliament and State legislatures consider creating a statutory framework for structured donations by successful senior advocates and other members of the legal fraternity.