Language barriers standing in the way of legal career

Language is the best method for communication and I think a Lawyer's best tool is LANGUAGE. Without Language a Lawyer is next to nothing. A Lawyer's job is to use Language in the best way possible to attain the desired results. India is a multilingual country and therefore it becomes quite difficult for Lawyers to take up mobile jobs in and across India due to unforeseen language barriers. We all know the innumerable benefits of the usage of languages, however one must also be aware of the barriers Language may cause to one's Legal Careers:

1. Ever changing law: Often it is not the multilinguality in our country which causes the barriers but the ever changing law wherein the meaning of language changes on a daily basis that causes major barriers to the careers of young lawyers. There are 1000+ laws in our country and to be able to skill oneself in everything that too with legal precedents being set out everyday by Courts is often difficult for law students to map. A practising lawyer who is faced with different legal problems on a daily basis must also be up to date with all the latest amendments and precedents. It was only in 2016 that the Insolvency and Bankruptcy Code came into force, however there have been multiple amendments under it as latest as in 2021 vide which the pre-packaged insolvency package was introduced.

2. Constant assistance of local lawyers often require: Lawyers often have to travel to various other jurisdictions in order to expand their career into other parts of the country, however, often due to local language barriers they are constrained to take assistance of local lawyers who may or may not assist them in the current manner. Local documents are generally in regional languages, this further causes a lawyer to undertake extra unnecessary tasks of getting translation done. Translation and such activities are not only time taking but are also not a full proof work since in translation various elements of a document can be missed out.

3. Law students unable to appear for judiciary or state level examinations: Laws students who aim to become judges in other jurisdictions of the country are often constrained due to language barriers. Each State which has a regional language, often includes it under the curriculum of its State's Judiciary examination and the language paper. Often such language papers form a part of the qualifying exam therefore, there is no option to forgo the same as well, leaving students with very bleak options. Even if a student undertakes to learn a new language, it further becomes a much more magnanimous task due to the already vast syllabus of the judiciary exams.

4. No uniformity in functioning of various Courts across the country: Many Courts in various States often have their own set of rules and procedures and language forms a big part in giving access to such rules and procedures set out by each. Many Courts also communicate in their own languages, which may be a hindrance for an outside lawyer to assist in the matter at hand adequately. For example: If a north indian lawyer has a matter listed in Tamil Nadu, he will have to seek assistance of a local lawyer there because the Courts in Tamil Nadu always communicate in Tamil only.

5. Local laws: Local Laws, notifications, guidelines, rules, bye-laws of each State are often in local languages. This again causes problems to lawyers who work on due diligence of lands, project disputes, compliances etc.

Aristotle

Language barriers are many for lawyers in India. Therefore, it would definitely be easier if one language was prescribed to be used in all the States irrespectively, however, the same could cause impediment to the practice of local lawyers.

(The Writer is Consultant - Test Preparation Courses at LawSikho)