Report On

WORKINGS OF LEGAL FIRM IN PHENTSHOLING, BHUTAN

SUBMITTED BY: Tshering Wangchuk

ENROLLMENT NO: IUS201217BBALLB011
COURSE: BBALLB (Hons.)
SEMESTER: X

A REPORT SUBMITTED IN THE PARTIAL FULFILMENT OF THE REQUIREMENT OF

THE BBA-LLB PROGRAM (THE CLASS OF 2012 - 2017)

THE ICFAI UNIVERSITY SIKKIM

i
 Table of Contents

ACKNOWLEDGEMENT .............................................................................................................1
SUMMARY ....................................................................................................................................2

ABBREVIATION ..........................................................................................................................3

INTRODUCTION..........................................................................................................................4

OBJECTIVES ................................................................................................................................5

LIMITATIONS ............................................................................................................................34

ADVANTAGES............................................................................................................................36

METHODOLOGY ......................................................................................................................38

CONCLUSION ............................................................................................................................39

BIBLIOGRAPHY ........................................................................................................................40

GLOSSARY..................................................................................................................................41

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 ACKNOWLEDGEMENT

I would like to express my deepest appreciation to all those who provided me the possibility to
complete this report.

Firstly, I would like to thank all the staff members of the GPY Legal Firm - Phuentsholing for
taking me as an intern and being kind enough to guide me during my internship.

Secondly, I would also like to acknowledge with much appreciation the crucial role of my legal
guide Mrs. Mangita Lama (Advocate), who gave me an invaluable inputs & knowledge and
guided me throughout my internship program.

A special gratitude I give to our faculty guide, Mr. Pritam Subba, whose contribution in
stimulating suggestions and encouragement, helped me to coordinate my project especially in
writing this report.

Furthermore I would also like to thank the head of the project, Dean Sir, Mr. Sonam
Venchungpa, who have invested his full effort in guiding the team in achieving the goal. I have
to appreciate the guidance given by Mr. Madan Lama in the GPY legal firm - Phuentsholing, as
well as the panels especially in our report preparation that has improved our report making skills,
thanks to their comment and advices.

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 SUMMARY

A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The
primary service rendered by a law firm is to advise clients (individuals or corporations) about their
legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions,
and other matters in which legal advice and other assistance are sought.Lawyers in private practice work
in a law firm of two or more attorneys or in a solo practice.

Lawyers employed in a law firm work as partners, who share the firm's profits and risks, and
associates - attorneys who have not reached full partnership status. Law firms also employ
numerous other legal professionals including legal secretaries, law clerks, IT personnel, litigation
support professionals, law firm administrators, marketing personnel, file clerks and legal nurse
consultants.

The practice of law in the private sector represents varying interests between private individuals
and corporations. The practice of law can function in a preventative or active manner.
Preventative legal services come in the form of a lawyer's giving of legal advice. Active legal
services include the drafting of contractual agreements, wills, and other legal documents. The
most active form of legal services is litigation in which a lawyer represents a client in court. All
of these services require hours of research that could be delegated to paralegal professionals that
help lawyers discover statutory and case law evidence to support a client's interests. Paralegals
play a crucial role in the practice of law because they do the bulk of a lawyer's research. They
work in collaboration with a lawyer working in a law firm or legal department of a corporation.
Paralegals that work for corporate legal departments represent clients from within the corporate
organization whereas law firm paralegals help lawyers represent clients that come from outside.
Law, in the private sector, represents a diverse array of interests ranging from corporate
transactions to criminal defense. Paralegals are equipped with research skills in either one or
more aspect of the law depending on what aspect of the private sector they represent.

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 ABBREVIATION

SL NO. Abbreviation Full Form

1 BPC Bhutan Penal Code

2 CCPC Civil and Criminal Procedure Code
3 PCR Police Crime Report
4 LIP Legal Internship Program
5 IPC Indian Penal Code
6 SEC Section
7 PIT Personal Income Tax
8 FIR First Investigation Report
9 IO Investigating Officer
10 GD General Diary
11 OI Officer Incharge
12 OD Officer on Duty
13 A/O And / Or
14 Acc Accident
15 BICMA Bhutan Information, Communications and Media Act
16 RRCO Regional Revenue & Custom Office
17 RBP Royal Bhutan Police
18 RBA Royal Bhutan Army
19 RSTA Road Safety & Transportation Authority
20 BHU Bhutan
21 Hoble Honourable

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 INTRODUCTION

Bhutan, officially the Kingdom of Bhutan, is a landlocked country in South Asia located at the eastern
end of the Himalayas. It is bordered to the north by China and to the south, east and west by India. To
the west, it is separated from Nepal by the Indian state of Sikkim, while further south it is separated
from Bangladesh by the Indian states of Assam and West Bengal. Bhutan's capital and largest city is
Thimphu.

Bhutan's landscape ranges from subtropical plains in the south to the sub-alpine Himalayan heights in
the north, where some peaks exceed 7,000 meters (23,000 ft). Its total area was reported as
approximately 46,500 km2 (18,000 sq mi) in 1997 and 38,394 square kilometers (14,824 sq mi) in 2002.
Bhutan's state religion is Vajrayana Buddhism and the population, now (as of 2012/2013) estimated to
be nearly three-quarters of a million, and is predominantly Buddhist. Hinduism is the second-largest
religion.

This booklet mainly focuses on the workings of a legal firm in Phuentsholing, Bhutan.

I have undergone my Legal Internship Program in GPY Legal Firm which is located at Bhutan, in
Phuentsholing District, under Chhukha Dzongkhag (State).

GPY Legal Firm was established on the sixth month of the year 2014. Initially the firm had only two
lawyers but presently there are seven lawyers, five bench clerk and one accountant working in the firm.
GPY Legal Firm deals with both the civil & criminal cases of all nature.

The unique feature of GPY Legal Firm is that, whenever a person comes to the firm with grievances to be
redressed by the court with the help of the lawyers of the firm, they first try to resolve the dispute
within the firm but if the parties to the case do not cooperate in doing so, then a case is instituted in the
court of law.

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 OBJECTIVES

Whatever we do, we do with an intention to achieve something. For every work done, there is always
some certain aims and objectives to be achieved. Prior to my present Legal Internship Program in GPY
Legal Firm at Phuentsholing, I have undergone my training (LIP) at Gangtok District Court, Phuentsholing
District Court and Regional Revenue & Custom Office at Phuentsholing.

Though there are lots of objectives for me doing my internship in GPY Legal Firm at Phuentsholing,
Bhutan. The main objectives targeted to be achieved are as follows:-

The following are the objectives targeted to be achieved during my 2016 LIP

To understand the workings of legal firm in Bhutan

To learn about degrees of punishment in Bhutan
To be aware of the challenges and benefits of working in law firms
To acquire a practical knowledge regarding implementation of law in Bhutan
To know the qualities of a good lawyers
To research on different case studies

Now, let us see these objectives in details

1) Workings of Legal firm in Bhutan

Solo practitioners often operate as a "jack-of-all-trades," offering legal services in a broad range of
practice areas. Legal professionals employed in larger law firms usually specialize in one or two specific
areas of law. A few common legal specialties are:

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 Tax Law
Criminal Law
Bankruptcy Law
Family Law
Appellate Law
Labor and Employment
Products Liability
Environmental Law (also known as Green Law)
Securities Law
Intellectual Property Law

Law firm professionals are charged with the onerous task of tracking every minute of their time in order
to bill it to a client. Law firms frequently impose high monthly and yearly billable hour requirements
upon partners, associates and paralegals, making law firm employment among the most
demanding legal practice environments.

Law firms are also notorious for requiring long work hours from its employees in order to raise revenue.
However, while 50 to 80 hour work weeks are common in some law firms, not all firms are sweatshops.
Each firm has its own unique culture and work requirements.

2) Degrees of Punishment in Bhutan

For every crime there is a punishment prescribed by law, but the amount of punishment prescribed is
always dependent upon the nature of crime beingcommitted and as classified by the Act.

CLASSIFICATION OF CRIMES

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Classes of crime

For the purpose of the Bhutan Penal Code 2004, the classes of crimes shall be as follows:

a) A crime shall be a felony, if it is so designated in this Penal Code or other laws and
provides for a minimum term of imprisonment of three years for the convicted defendant.

b) A crime shall be a misdemeanour, if it is so designated in this Penal Code or other laws

and provides for a maximum term of imprisonment of less than three years and a
minimum term of one year for the convicted defendant.

c) A crime shall be a petty misdemeanour, if it is so designated in this Penal Code or other

laws and provides for a maximum term of imprisonment of less than one year and a
minimum term of one month for the convicted defendant.

d) A crime shall be a violation, if it is so designated in this Penal Code or other laws and
provides that the convicted defendant shall not be imprisoned but shall be fined the daily
minimum national wage rate up to a maximum of ninety days.

Degrees of felonies

A felony shall be classified into the following four degrees:

a) Felony of the first degree;

b) (b) Felony of the second degree;
c) Felony of the third degree; and
d) Felony of the fourth degree.

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SENTENCING

A defendant convicted of a criminal offence shall not be sentenced otherwise than in

accordance with this Penal Code.

Life imprisonment shall be awarded to the defendant:

a) In case of a felony of the first degree comprising of murder, treason or terrorism;

b) For the offence against the Ku, Sung, Thuk-ten and Zung; or
c) For the offence of illegal manufacturing of weapon of mass destruction

A defendant convicted of a felony of the first degree shall be sentenced to a term of

imprisonment, a minimum of which shall be fifteen years and a maximum of which shall
be life imprisonment.

A defendant convicted of a felony of the second degree shall be sentenced to a term of

imprisonment, a minimum of which shall be nine years and a maximum of which shall be
less than fifteen years.

A defendant convicted of a felony of the third degree shall be sentenced to a term of

imprisonment, a minimum of which shall be five years and a maximum of which shall be
less than nine years.

A defendant convicted of a felony of the fourth degree shall be sentenced to a term of

imprisonment, a minimum of which shall be three years and a maximum of which shall
be less than five years.

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 A defendant convicted of a misdemeanour shall be sentenced to a term of imprisonment,
a minimum of which shall be one year and a maximum of which shall be less than three
years.

A defendant convicted of a petty misdemeanour shall be sentenced to a term of

imprisonment, a minimum of which shall be one month and a maximum of which shall
be less than one year.

A defendant convicted of a violation shall be fined the daily minimum national wage rate
for a maximum of ninety days.

A defendant, who is found guilty of the same offence, shall on the next conviction be
liable to enhanced punishment as follows:

a) A violation shall be enhanced to petty misdemeanour.

b) A Petty misdemeanour shall be enhanced to misdemeanour.
c) A Misdemeanour shall be enhanced to felony of the fourth degree.
d) A Felony of the fourth degree shall be enhanced to felony of the third degree.
e) A Felony of the third degree shall be enhanced to felony of the second degree.
f) A Felony of the second degree shall be enhanced to felony of the first degree.
g) A Felony of the first degree shall be enhanced to life imprisonment.

A convicted defendant, who commits a further offence while undergoing or serving the
term of imprisonment or sentence, shall be liable to be tried for that offence and if
convicted of the offence, the defendant shall be sentenced accordingly in addition to the
original sentence.

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 In determining a convicted defendants sentence within the appropriate sentencing range
as set forth above, the Court shall consider mitigating and aggravating factors as are
enumerated in this Penal Code.

Value based sentencing

The offence graded as value based under this Code shall be:

a) A felony of the third degree, if the value or the amounts involved in the crime exceed the
total amount of the daily minimum national wage rate at the time of the crime for a
period of thirty years or more;

b) A felony of the fourth degree, if the item of the crime is not of a type described inSection
18(a) and the value or the amounts involved in the crime exceed the total amount of the
daily minimum national wage rate at the time of the crime for a period less than thirty
years and for period of fifteen years or more;

c) A misdemeanour, if the item of the crime is not of a type described in Section 18 (a) &
(b) above and the value or the amounts involved in the crime exceed the total amount of
thedaily minimum national wage rate at the time of the crime for a period less than fifteen
years and for a period of seven years or more; or

d) A petty misdemeanour, if the item of the crime is not of a type described in Section 18(a)
(b) and (c) above and the value or the amounts are less than the total amount of the daily
minimum national wage rate at the time of the crime for a period less than seven years.

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 The value of the property or other items in an offence committed, following one scheme
or course of conduct, whether from the same person or several persons, shall be
aggregated in determining the grade of the offence.

Without prejudice to the generality of the preceding provisions, a Court may also order
forfeiture of property, suspend or cancel a license or a transaction, impound the
documents, or remove a person from an official position.

The Court may, in addition to the sentence awarded under the provisions of this Penal
Code, order restitution, recovery, confiscation, of any property or article or may order the
payment of any appropriate damages or compensatory damages for the injury, loss,
damage or the value of what the victim had been parted or deprived of being possessed.

The Court may award reasonable sentence within the sentencing parameter enumerated in
this Penal Code, if the offence committed by the defendant is not stated in the Code. The
Court shall specify its reason in awarding such sentences.

Mitigating circumstances

Mitigating circumstances for sentencing shall include:

a) The defendant has no record of a prior criminal conviction;

b) The crime is committed while the defendant was under the affliction of extreme mental or
emotional distress;
c) The crime is committed accidentally;

d) The victim is a participant in the defendant's criminal conduct or consented to the

criminal act;

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 e) The crime is committed under circumstances that the defendant believed of having a
reasonable justification or extenuation for the conduct;

f) The defendant is an accomplice in a crime committed by another person and the

defendants participation in the crime is minor;

g) The defendant acted under duress or under the domination of another person; or

h) At the time of the crime, the capacity of the defendant to appreciate the wrongfulness of
the conduct or to conform the conduct to the requirements of law was impaired on
account of mental disability or intoxication.

Aggravating circumstances

Aggravating circumstances for sentencing shall include:

a) The crime is committed by a defendant, who has previously been convicted of a crime
that was punishable by imprisonment or a crime of the same or similar nature;

b) At the time of the commission of the crime, the defendant also committed another crime;

c) The defendant knowingly created a grave risk of death or serious bodily injury to another
person;

d) The defendant negligently caused bodily injury to another person with a deadly weapon;
or
e) The crime is especially heinous, atrocious, or cruel thus manifesting exceptional
depravity on behalf of the defendant.

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 ALTERNATIVES TO SENTENCING

Civil commitment in lieu of imprisonment or sentence

If a defendant is found to be clinically insane or suffering from a mental abnormality or

chronic condition that significantly impairs the defendants capacity to make sagacious
judgments, a Court shall, in lieu of imprisonment, order the civil commitment of the
defendant to a hospital or other institution for psychiatric or other rehabilitative
treatment.

If the Court makes an order of civil commitment under Section 25, the Court may also
order the defendant to pay compensatory damages as provided for in this Penal Code.

The Court shall not make an order of civil commitment unless it is of the opinion that the
commitment will further reform or rehabilitate the defendant and will not jeopardize the
public safety.

Commutation of sentences or conditional discharge

If the community is responsible for damaging the property of another community, or if

the criminal act of the defendant affects the public property, the Court may order the
community or defendant to restore the property damaged by rendering community
service to the affected group.

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 The Court may order community service in lieu of the imprisonment, if the defendant is
convicted of the offences liable for a petty misdemeanour or misdemeanour, provided
that the defendant convicted does not pose potential threat to the society, the victim or
there exists no likelihood of flight.

A defendant conditionally released on probation or when his sentence is suspended shall

be required to:

a) Make oneself available to the Court as and when required;

b) Remain within the limits of any particular area as prescribed in the order; and
c) Abstain from doing any act, which violates the conditions of the release.

His Majesty the Druk Gyalpo, in exercise of His Royal Prerogatives may grant amnesty,
pardon, leniency, reprieve or remission of punishment or suspend the sentence.

Infraction of conditions of conditional release

A convicted defendant conditionally released on probation on the ground of exemplary

conduct or behaviour shall be reincarcerated to serve the remainder of the original term of
the sentence, if the convict is found to have violated the conditions of the release.

A probationer, who commits a further offence while on probation shall be liable to be

tried for that offence and if convicted of the offence, shall be given a maximum sentence
for the commission of that crime in addition to completing the remainder of the original
sentence.

Restriction

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The Court may give a restriction order to any person accused of a crime to remain within the limits of
any particular area as prescribed in the order.

3) Challenges and Benefits

Working in a law firm has its own unique benefits and challenges and significant differences exist
between employments in a small firm versus employment in a large firm.

Benefits of Working in a Large Law Firm

a) High Salaries
Large law firms rank among the highest paid practice environments for legal
professionals and employees are often granted more generous compensation packages
than those working in the government, judiciary, small firm, non-profit and public
interest environments.

b) Well-Credentialed Colleagues
Since many large law firms pay huge amounts, such firms can recruit the most well-
qualified lawyers, paralegals and staff. Mega-firms often recruit only the top students
from the most prestigious law schools. Paralegals in large law firms generally have
bachelors degrees and experience in their legal specialty.

c) Sophisticated, Challenging Work

Much of the high-end, complex litigation and transactional legal work is given to large
law firms which boast high-caliber talent and a broad range of resources.

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d) Large, Diverse Client Base
Clients of large law firms tend to be more plentiful and diverse than those of smaller
firms. A large, diversified client base makes it less likely that the firm will encounter
financial difficulty if a client takes its business elsewhere.

e) Extensive Firm Resources

Large law firms have more on-site resources than smaller firms. Large firm resources
range from full-service copy centers and extensive law libraries to in-house gyms and
full-service cafeterias.

f) Large Support Staff

A large law firm has extensive administrative and support staff at its disposal. Staff may
include legal administrators, legal secretaries, paralegals, marketing specialists, IT
personnel, file clerks, librarians, court filers and messengers.

g) Luxurious Offices in Prime Locations

Large law firm offices may offer more plush and spacious surroundings those of small
firms, public interest firms and the government. Large law firm offices are generally
located in prime areas of town, close to the courthouse, fine dining (to woo clients and
recruits) and other amenities.

h) Global Perspective
Many of the mega-firms have multi-jurisdictional practices and multiple locations across
the globe allowing lawyers and paralegals to serve international clients.

xviii
i) Well-Developed Training Programs
Large law firms often establish well-defined training and mentoring programs for
associates, paralegals and other law firm professionals. Many large firms also have
elaborate summer associate programs and in-house educational programs that provide
continued growth and learning opportunities for its employees.

j) Significant Advancement Opportunities

Many large law firms contain complex organizational hierarchies creating more
opportunities for promotion. For example, the career path of a lawyer in a large firm
might progress from entry-level/junior associate to mid-level associate, senior associate,
non-equity partner, equity partner and senior partner.

k) Commitment to Diversity
Many large law firms create diversity initiatives to promote the success of its women and
minority attorneys and encourage equal opportunity.

l) Law Firm Perks

Working for a large law firm may include perks ranging from expense accounts to seats
at sporting events and extravagant firm functions.

m) Pro Bono Initiatives

Large law firms frequently establish pro bono and public service programs that encourage
lawyers and paralegals to commit a certain number of hours to helping the community
and underserved populations such as children and the elderly.

n) Name-Recognition and Prestige

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 Working for a top-name law firm that is well-recognized and highly regarded in the legal
community affords the employee a certain level of status and prestige.

o) Intellectual Challenge
High-end, complex legal works in a broad range of practice areas provide an
intellectually challenging environment for law firm attorneys and paralegals.

Challenges of Working in a Large Law Firm

Life in a large law firm may mean higher salaries and challenging work but it is not without its
disadvantages. Below are fifteen challenges to working in a large law firm.

a) Long Hours
Long hours are the norm in most large law firms. 50 to 80 work weeks are not uncommon
among lawyers and paralegals.

b) Competitive Environment
Large law firms attract a wealth of high-caliber legal talent, all competing for the best
assignments, promotions, limited partnership spots and a slice of the profits.

c) High Billing Quotas

Large law firms are notorious for imposing high billable hour quotas. Typical quotas
range from 2,000 to 2,200 hours a year which equates to around 42 hours of billed time a
week. Since administrative tasks (such as billing time) and non-billable tasks (such as
marketing) are inevitable, billing 42 hours means working 60 or more hours a week.

d) Long Partnership Track

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 The road to partnership in a large law firm may be longer than that of small firms, with
many tiers and stricter requirements for advancement.

e) High Expectations
Due to selective hiring processes and above-market earnings, lawyers, paralegals and
other professionals in a large law firm are held to a high standard of competence.

f) Irregular Hours
Weekend work and late nights are not uncommon for those employed in a large law firm
where the motto is "work until the task is done". High-end work such as M&A (mergers
and acquisitions), commercial real estate and complex civil litigation lends itself to long
workdays and irregular hours.

g) Mundane Tasks
New associates in large law firms may operate with little autonomy and complete routine,
mundane tasks such as document review, cite-checking and multi-jurisdictional research,
leaving the juicier assignments for more experienced attorneys. Paralegals might be stuck
with low-end work so that more complex tasks can be billed by attorneys at a higher rate.

h) Overnight Travel
Since large law firms often serve national and international clients, travel to remote parts
of the country and the globe may be expected.

i) Steep Learning Curve

The complex, high-end legal work accomplished in large law firms often carries a steeper
learning curve than less sophisticated transactions.

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j) Strict Academic and Experiential Requirements
Large law firms may be harder to break into for those lacking experience or top academic
credentials. Lawyers in the top firms generally have superior academic credentials and
first-tier law school training. Paralegals in large law firms often have a four-year degree,
a paralegal certificate and several years of experience within their specialty.

k) High Degree of Specialization

Large law firms tend to be more compartmentalized and lawyers and paralegals within
the firm are highly specialized.

l) Large Law Firm Bureaucracy

Large law firms often have many tiers of management as well as complex, well-
established procedures and formal divisions of responsibility. Employees may have little
input into firm processes and management and little control over their work or their
economic and professional futures.

m) Formal Atmosphere
Large law firms generally have a more formal atmosphere, stricter dress codes and a
conservative culture.

n) Limited Client Contact

New associates in large law firms often have little interaction with the firms clients,
instead tackling mind-numbing tasks such as document review and routine research.

xxii
 o) Over-Specialization
Since large law firms tend to be more specialized, associates may be in danger of being
pigeonholed or forced into a niche practice area that is not of his or her choosing.

Benefits of Working In a Small Law Firm

Most attorneys in private practice are employed by small law firms, defined as those with fewer
than 20 lawyers. The majority work in even smaller firms -- almost half of all lawyers in private
practice are solo practitioners.

Employment in a small law firm presents a unique set of advantages. Below are some benefits
you might encounter if you decide to work in a smaller firm.

a) Your Work May Be More Varied

Lawyers in small law firms are often generalists and engage in challenging, varied work
across a broad spectrum of practice areas. The exception is the boutique law firm which
usually focuses its practice on a specific, niche area of law. This can be a marked contrast
to the high degree of specialization seen in many large law firms.

b) Small Law Firms Offer Flexible Work Schedules

The cozy, adaptable environment of a small law firm can lend itself to more flexible work
schedules among lawyers and staff. There may be fewer hands to contribute to those
inevitable all-hands-on-deck emergencies that mark some areas of law, but a sense of
camaraderie and teamwork often balances this.

c) You'll Gain More Hands-On Experience

New lawyers and paralegals may perform more substantive legal tasks with less
supervision than their mega-firm counterparts because staff is more limited in a small law

xxiii
 firm. This may lead to more errors that could put the law firm at risk unless safeguarded
in place, but it generally produces a faster paced.
d) You'll Have Significant Client Contact
Associates in small law firms may operate with greater autonomy and have more client
contacts than those working in large law firms where client contact is often reserved for
more senior lawyers. This might be your ideal if you're a people person and enjoy one-
on-one contact with those you're helping.

e) Small Law Firms Offer Informal, Relaxed Atmospheres

Unlike more conservative mega-firms, the small firm culture is often more relaxed.Dress
codes are less formal and socializing among employees is often more common, from
major events like a daughter's wedding to Friday evening happy hours. Everyone knows
each other on a first-name basis in a small law firm, and this can foster friendly,
comfortable working relationships.

f) Small Law Firms Have Abbreviated Partnership Tracks

The road to partnership in a small firm may be shorter than that of a large law firm
because there are fewer attorneys and layers of management. This can be particularly
advantageous if you prefer a faster track to success. With fewer employees vying for
assignments, promotions, and a slice of the profits, legal professionals in small law firms
face less in-house competition than their big-firm counterparts. Small law firm employees
can more easily prove their worth to those in power, making it simpler to garner
recognition and reward.

g) You'll Have Greater Input into Firm Processes and Management

Working for a small law firm may allow legal professionals greater control in the
direction and management of their firms. Hierarchies are often less carved in granite, so
senior partners may be more willing to hear suggestions and opinions from staff.

xxiv
 Challenges of Working in a Small Law Firm or Solo Practice

Highly varied work, practical experience and a collegial, relaxed atmosphere are some of the benefits of
working for a small law firm or solo practice. However, working for a small law firm - a firm of ten
lawyers or less - poses a few obstacles as well. Below are ten challenges to small law firm employment.

a) Modest Salaries
Small law firms often have lower budgets than larger firms and generally pay lower
salaries, although exceptions to this rule exist.

b) Limited Firm Resources

Small law firms have fewer firm resources requiring legal professionals to assume roles
outside their traditional job description. For example, attorneys may be required to make
their own photocopies; paralegals may need to file documents with the court.

c) Small Support Staff

With little or no support staff, lawyers may need to file papers with the court or perform
other non-billable tasks themselves.

d) Modest Office Space

Offices may be less luxurious and contain fewer amenities than those of large
corporations and law firms. Office space may be located outside high-rent areas further
from the city and the courthouse.

xxv
e) Exposure to Market Fluctuations
Law firm stability and revenue may rest on a few clients; the loss of one major client
could affect the future of the firm.

f) Fewer Benefits Options

Health care and other benefits may cost more because small law firms have less leverage
to negotiate volume discounts.

g) Little Formal Training

Much of the legal professionals training in a small law firm occurs on the job. Small law
firms often espouse a sink or swim culture in which professionals must learn quickly to
stay afloat.

h) Social and Professional Isolation

Small-firm legal professionals, particularly those in solo practices, may face isolation
since a limited staff reduces the opportunity to socialize, network, share knowledge and
seek guidance from others within the firm.

i) Little Prestige
Small law firms typically lack the prestige and name recognition of the mega-firms.

j) Local Perspective
Small law firms generally have a local client base and lack the multi-jurisdictional
presence of larger firms, thus limiting the types of legal work performed and the types of
clients served.

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4) Practical Implementations

To represent a case of an individual, hiring of lawyer is not mandatory as per the Law of
the Kingdom of Bhutan.

It is not mandatory for an advocate to speak in Bhutanese language (National Language),

he/she can present his/her case in either English or Dzongkha (National language of
Bhutan).

According to the old Civil Procedural Code & Criminal Procedural Code of Bhutan,
proving of evidence before the court is permitted only during the particular stage
(Evidence stage) in a trial and after that presentation of an additional evidence is not
permitted but after the new amendment, an additional evidence is allowed if presented
before pronouncing of the final award by the court.

Provided that the above mentioned is permitted only till the High Court.

Every legal persons (advocates) have to pay tax to the Regional Revenue & Custom
Office for carrying out their profession and the tax amount charged form them is fixed.

Unlike in India, Bhutan does not have separate tribunal for adjudicating any cases
relating to Alternative Dispute Resolution. All cases relating to ADR is adjudicated
through the courts within whose jurisdiction the case falls.

In Bhutan a case shall not be pending before the court of law for more than two years.

In a situation of any case of repayment of debt money to an individual by another person,

the Court has the jurisdiction to provide a period of maximum of one year only.

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 The time of appeal is within ten working days after pronouncing of judgement by the
lower court.

Unlike in India, no legally stamped paper is required for drafting a contractual agreement
or any other agreement in Bhutan. An agreement made on any kind of paper if
acceptable.

Translation of English Legal Words into Dzongkha

SL NO. ENGLISH DZONGKHA

1 Accident Bar Khen
2 Accused Ngyen Zug Chen
3 Advocate Thim Chit Pa / Jabmi
4 Pre Trial Chit Shar Zhe Gang
5 Affidavit Ba Gen
6 Action Dang Len
7 Prevent Kaig Thab
8 Offender Neag Gel Pa
9 Order Ka Jha
10 Plaintiff Chit Che
11 Prosecutor Ngyen Dok Pa
12 Penalty Ngyen Jha

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 13 Non Cognizable Thal Jung Meth Pa
14 Judgement Thin Che
15 Evidence Ghup Che
16 Consumption Zha Dho
17 Petitioner Ngyen Dok Pa
18 Defendant Ngyen Zhuk Pa
19 Deed of divorce. Yik Thi
20 Amount payable with deed of divorce. Yik Ten
21 Properties entitled by rights. Thob Lam
22 Allowances given to children for their maintenance. Sochinghee Thui
23 Fraud. Lotit Gokor
24 Rape of minors. Mamin Per Choepa
25 Forcible illicit relations; rape Wangtseki Choepa
26 False allegation of inset. Nochha Sikpa
5) Qualities Every Lawyers Should Have

Skills are something that you can work on and develop over time. As they say: practice makes
perfect! Here are a few that you should consider working on if you aspire to be a successful lawyer:

a) Good Communication
Lawyers must be orally articulate, have good written communication skills and also be
good listeners. In order to argue convincingly in the courtroom before juries and judges,
good public speaking skills are essential.

Lawyers must also be able to write clearly, persuasively and concisely, as they must
produce a variety of legal documents.

But its not all about projection. To be able to analyse what clients tell them or follow a
complex testimony, a lawyer must have good listening skills.

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b) Judgment
The ability to draw reasonable, logical conclusions or assumptions from limited
information is essential as a lawyer.

You must also be able to consider these judgements critically, so that you can anticipate
potential areas of weakness in your argument that must be fortified against.

Similarly, you must be able to spot points of weakness in an oppositions

argument. Decisiveness is also a part of judgement. There will be a lot of important
judgement calls to make and little time for sitting on the fence.

c) Analytical
Both the study and practice of law involve absorbing large quantities of information, then
having to distil it into something manageable and logical.
At times, there will be more than one reasonable conclusion or more than one precedent
applicable to resolving a situation.

A lawyer must therefore have the evaluative skills in order to choose which is the most
suitable.

d) Research Skills
Similarly, being able to research quickly and effectively is essential to understanding
your clients, their needs, and to preparing legal strategies.

Preparing legal strategies requires absorbing and comprehending large amounts of

information, then distilling them down into something manageable and useful.

e) People Skills
Law is not an abstract practice. Irrelevant of how well someone does academically, at the
end of the day lawyers work with people, on behalf of people, and the decisions that are
made effect peoples lives.

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 They must be personable, persuasive and able to read others. This allows them to gauge
jurors reactions and the honesty of witnesses.

This allows them to decide upon the best approach to take in order to achieve the desired
outcome: either clients taking their advice or reaching a favourable negotiation with the
opposition.

f) Perseverance
Perseverance is not a long race; it is many short races one after the other. Even
studying to become a lawyer takes a great deal of perseverance and commitment and
thats before you even start work!

Typically, a lawyer will do an undergraduate law degree, an LPC, and then a training
contract before qualifying.

When working on a case, you must have the perseverance to complete the work
necessary to drive it to a successful finish.

g) Creativity
The very top lawyers are not only logical and analytical, but they display a great deal of
creativity in their problem solving.

The best solution is not always the most obvious and in order to outmaneuver your
challenger it is often necessary to think outside the box.

6) Case Studies

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 Land Dispute Case

Case No. 1

In The Honorable District Court at Phuentsholing

Chhukha, Bhutan.

Passang Dolma Vs. Lok Bdr. Tamang

Stage: Opening Statement

Introduction

This case is regarding an encroachment on others property, i.e., land. Mrs. Passang Dolma filed a case
against Mr. Lok Bdr. Tamang before the honorable district court at Phuentsholing.

Fact Of The Case

Mr. Lok Bdr. Tamang initially sold the land to Mrs. Passang Dolma at an amount of Nu. 2,00,000/- Mr.
Lok Bdr. Tamang sold the same piece of land to Mr. Phub Dorji.

Facts In Issue

Whether Mr. Lok Bdr. Tamang sold the land to Mrs. Passang Dolma or not?
Whether Mrs. Passang Dolma paid a sum of Nu. 2,00,000/- or not?

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 Whether Mr. Lok Bdr. Tamang sold the same piece of land to Mr. Phub Dorji (third
party) or not?

Case No. 2

In The Honorable District Court at Phuentsholing

Chhukha, Bhutan.

Karma Lhamo Vs. Namgay Wangchuk

Case To Be Resolved Through ADR

Note:

Unlike in India, the cases to be resolved through an Alternative Dispute Resolution in Bhutan are
decided in the court itself and there is no separate tribunal for the ADR cases. The only difference
between the Civil/Criminal cases and ADR cases is that the ADR cases need not follow the court
procedure.

Introduction

This case is regarding a dispute of inherited land between a mother and a son after the death of a
father. Mrs. Karma Lhamo (Mother) filed a case against Mr. Namgay Wangchuk (Son) before the
honorable district court at Phuentsholing.

Fact Of The Case

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After the death of a father, all members of the family, i.e., a mother (Mrs. Karma Lhamo) and three
sisters signed a no objection letter in favor of Mr. Namgay Wangchuk stating that they have no objection
as to the transfer of inherited land in the name of Mr. Namgay Wangchuk.

However, Mr. Namgay Wangchuk has not yet registered the inherited land in his name. Now, the
mother claims the land back from his son Mr. Namgay Wangchuk.

Order of The Court

The Honorable Judge Mr. Sonam Phuntsho in the Phuentsholing District Court transferred the case to
the ADR for its disposal as agreed (mutually) by both the parties.

My Findings

1) Section GA 1-10.
If the land and estate received by inheritance is not registered in the name of the person
receiving the same through inheritance, then such land shall be declared TOSHING
(livelihood) and shall not be deemed to be land received by inheritance.

2) Section GA 3-1
If there are no children of a member of a main house and the house, lands etc. have been
handed over to the collateral or daughter-in-law, or where because of there being several
members of a joint family, or because of dispute among the members of joint family, the
members have been compelled to live apart from the main house, then, in such a case, the
land given in proportionate shares to such persons for their livelihood throughout their
life shall be deemed as TOSHING (livelihood) land.

3) Section GA 3-2

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 If any member of a main house intends to live separately and apart form the main house
on the grounds mentioned in preceding section Ga 3-1, and even if while separating from
the main house such a ember does not desire to take any share from the main house, then
too he or she will be entitled to receive land sufficient for his or her livelihood as long as
he or she remains alive.

4) Section GA 1-12
If any mother or father or son or daughter after taking his share of the inheritance or
TOSHING leaves the main house, then such a person shall not be entitled to hold any
claims or exchange.

5) Section GA 4-3
If the children alone remain in the main house after forcibly evicting the parents then, in
addition to the movable properties acquired by the parents themselves, the other movable
properties, acquired by them jointly with their children, may also be taken by the said
parents.

6) Section GA 4-4.
If the parents intend to leave the main house of their own wish, leaving the children in the
main house, then, except for the movable properties acquired by the said parents
themselves, they shall not be entitled to any of the immovable or movable properties
acquired jointly with their children.

7) Section GA 4-5
If the children leave the main house because of not having amicable relations with their
parents, then, except the movable properties acquired by the children themselves, they
shall not be entitled to receive any share of the movable or immovable properties of the
main house or of the movable properties acquired by them jointly with their parents.

8) Section GA 4-7

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 At the time of partitioning the inheritance a person except for taking his or her share of
the movable or immovable properties as given by the parents of the main house without
any objections, that person, inheriting such share, shall be debarred from raising any
disputes to claim further shares in addition to the given in the inheritance.
Case No. 3

In The Honorable District Court at Phuentsholing

Chhukha, Bhutan.

Tashi Dorji Vs. Karma Wangdi

Stage: Judgement

Introduction

This case is regarding an encroachment on private land and trespass. Mr. Tashi Dorji i.e., the owner of
the land filed a case before the honorable district court at Phuentsholing.

Fact of The Case

Mr. Karma Wangdi had a land surrounded by other adjoining land on the four sides belonging to
different owners. The only way for the passage to the public road was through Mr. Tashi Dorjis
land.

Mr. Karma Wangdi has been using Mr. Tashi Dorjis land as a passage for a very long period of
time and Mr. Tashi Dorji never objected it. But after a fight between them, Mr. Tashi Dorji gave
a notice to Mr. Karma Wangdi stating that Mr. Karma Wangdi can no longer use his land as a
passage and also threatened him to kill him if Mr. Karma Wangdi uses his land any further.

Facts In Issue

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 Whether Mr. Tashi Dorjis land is the only way for the passage or not?
Whether Mr. Tashi Dorjis land was used for a very longer period of time or not?
Whether Mr. Karma Wangdi was threatened to be killed or not?

Judgement
The court observed that Mr. Karma Wangdi had no option other than to use Mr. Tashi Dorjis
land as passage and held that Mr. Tashi Dorji cannot restrict Mr. Karma Wangdi from using his
land as the land had been used for a very longer period of time and it is an easementory right.

Drugs Case

In The Honorable District Court at Phuentsholing

Chhukha, Bhutan.

Dorji Wangdi Vs. OAG

Stage: Evidence Presentation

Note:

OAGstands for the Office of Attorney General. These are the panel of lawyers working directly under the
Government of Bhutan. They are most commonly called as public prosecutors.

xxxvii
Introduction

This case is regarding a possession of narcotic substances which is prohibited under Narcotic Drugs,
Psychotropic Substances andSubstance Abuse Act of Bhutan, 2015.This case was filed against Mr. Dorji
Wangdi before the honorable district court at Phuentsholing.

Fact Of The Case

On 23rd May 2017, during a routine check at Rinchending Check Post (5 kms away from Phuentsholing
town), the Royal Bhutan Police caught Mr. Dorji Wangdi in his possession 160 capsules of
Spasmoproxyvon, 110 tablets of Nitrosun, 300 pieces of Rellipin, 557 pieces of cigarettes (55 packets
and 7 pieces) . Mr. Dorji Wangdi claimed that the drugs were for self consumption but it was believed
that he was smuggling drugs into Bhutan from Jaigaon (Bhutan and India Border).

Facts In Issue

Whether the drugs were for self consumption or not?

Whether Mr. Dorji Wangdi is a repeated offender or not?
Whether Mr. Dorji Wangdi was smuggling drugs or not?

Evidence

An advocate from the Office of Attorney General presented the following evidence before the
Honorable Judge Mr. Sonam Phuntsho (Bench one) at Phuentsholing District Court:

a) Pictures captured during his arrest

b) Medical test report after his arrest

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 c) 557 pieces of cigarettes
d) 160 pieces of Spasmoproxyvon
e) 110 pieces of Nitrosun
f) 300 pieces of Rellipin

My Findings

In Bhutan the punishment for an offence of smuggling drugs in contravention with the
provisions of Narcotic Drugs, Psychotropic Substances and Substance Abuse Act of
Bhutan, 2015 is greater than the offence of consumption of drugs.

In Bhutan an individual can keep in his possession 200 pieces of cigarettes for self
consumption provided that he has to pay 100% tax to the Regional Revenue and Custom
Office located at the nearest station and he is not allowed to smoke in public areas.

In case of repeated offence, an offender is convicted with twice the punishment

prescribed for the said offence.

LIMITATIONS

Though I got a lot to learn during these two months of Legal Internship Program in GPY Legal Firm at
Phuentsholing, at some point of time I felt that I could not do well due to some certain limitations and
problems that I encountered during my internship which hampered better learning.

Some of the limitations are:

Limited Time
No basic knowledge of Bhutanese legal terms

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 Less availability of reference Materials
Guide with limited knowledge of Dzongkha (Bhutanese Language)

Let us see these limitations in details.

1) Limited Time
The duration of the Legal Internship Program provided by the university has been always
a major problem to the students undergoing it. The two months of time period provided
for the Legal Internship Program is very limited to acquire proper quantum of practical
knowledge of any law.

Law being a vast subject to be studied requires an adequate time period, where as the 2
months of time is insufficient.

Even though I was not able to acquire all the practical knowledge during these 2 months
of internship, I was able to grab some basic practical principles of how to file and
represent a clients case before the court of law. But, at some point of time I felt that I
could have done better if more time were allotted to us.

2) No basic knowledge of Bhutanese legal terms

For an easy understanding of any topic a person should always have a basic knowledge
regarding that particular topic. Whereas, I, with no basic knowledge regarding the legal
terms of Bhutanese Laws, I had a very tough time to practice & learn especially drafting
of legal documents which is required to be drafted in Dzongkha (Bhutanese Language).

While undergoing the Legal Internship Program, I felt that having a theoretical
knowledge is very essential before practicing in any Court or legal firm.

xl
3) Less availability of reference materials
The another limitation that I encountered during my two months of Legal Internship
Program is less availability of reference materials related to Bhutanese law in the GPY
Legal Firm.

Only limited books were available for reference so most of the time I had to refer from an
internet during the weekends while doing my research & finding answers to my queries
which cost me for the internet services.

4) Guide with limited knowledge of Dzongkha (Bhutanese Language)

No doubt, my legal guide Mrs. Manjita Lama was an experienced lawyer having handled
many cases and had positive results for her client, she had problem in drafting because of
her limited knowledge in Dzongkha (Bhutanese Language). So, for the elimination of
above mentioned limitations additional bench clerks are employed for the purpose of
drafting.

ADVANTAGE

xli
Though these two months of Legal Internship Program was very limited, I could grab some valuable
knowledge which was advantageous to me.

Some of The Advantages of Doing LIP

Practical knowledge
Research Technique
Communication skill
Evaluation of my strength and weakness

1) Practical Knowledge
One of the most advantageous of doing my Legal Internship Program in GPY Legal Firm
at Phuentsholing was that, I acquired a practical knowledge regarding the implementation
of laws and procedure for representation of case before the Court of Law.

While working in the GPY Legal Office, I understood that there is always a difference
between theoretical and practical implication. What I studied initially form the books
during my 1st week of my internship were totally different from what I learnt in my later
weeks by practically working and dealing with the cases and clients.

2) Research Techniques
A well researched and prepared argument for representing cases on behalf of a client by
any legal firm is very much necessary. For that purpose a law professional should have a
good research skills and techniques.

During these two months of my Legal Internship Program, I used various kinds of
research techniques like, going through different law books, enquiring the knowledgeable
lawyers, through internets, newspapers, articles, etc.

xlii
3) Communication Skill
Practically working along with the experienced lawyers of GPY Legal Firm and dealing
with the clients has helped me improve my communication skills. One of the reasons for
the improvement of my communication skill is talking to the clients and dealing with
them.

4) Evaluation of My Strength and Weakness

After working in GPY Legal Firm, I could evaluate the strength and weakness in myself.
I was able to discover the fact that, whether I am competent enough to become a
corporate lawyer or not.

Understanding ones strength is very essential for ones improvement. The weakness that I
discovered in myself was that, I was weak in Dzongkha (National Language) and legal
terms of Bhutanese laws, but after understanding my strengths and weakness, I was able
to work forward in overcoming my weakness and utilizing my strengths at its maximum
use.

xliii
 METHODOLOGY

The methodologies used for achieving my targeted objectives while doing my Legal Internship Program
were as follows:

Books reading
Browsing Internet
Discussion with the legal guide

1) Books Reading
After joining my Legal Internship Program on 3rd May 2016, I initially started with
understanding about the theoretical aspect of Bhutanese Law by reading various law
books. The books that I read were viz. Land Act of Bhutan, 2007, Bhutan Penal Code,
2011, Civil and Criminal Procedure Code of Bhutan, 2004.

2) Browsing Internet
Internet is the most frequently used methodology for the reference of different Acts of
Bhutan and for the completion of my final Legal Internship Report. Since no law books

xliv
 are available in the book stores in Bhutan, the only source to acquire information and
knowledge about the Acts of Bhutan is through the use of internet.

3) Discussion With The Guide

This method was the most effective method from other two methods as mentioned above
which helped me a lot in attaining my targeted objectives. Before joining the GPY Legal
Firm I had no knowledge regarding the practical implementation of laws of Bhutan and
the workings of legal firms in Bhutan but with the continuous flow of information from
my legal guide, constant instructions, explanations and proper guidance provided by her,
I could actually learn a lot, especiallythe practical aspect of workings in the legal firms.

CONCLUSION

Serving as an intern in the GPY Legal Firm has been of a great help to me and I got to learn so many
things. A GPY Legal Firm is a private legal firm having a valid license to practice law and registered under
the government of Bhutan. It was established on June 2014 at Phuentsholing, Bhutan with an aim to
help the layman to fight for their rights and to defend them from false allegation of crime.

During my internship at GPY Legal Firm I was able to collect information regarding the laws of Bhutan
which I could not have done just by going through the books. In GPY Legal Firm I got to deal with so
many different cases and while dealing with these cases I acquired a lot of knowledge relating to
different laws of Bhutan.

After completing my Legal Internship Program in GPY Legal Firm at Phuentsholing, I noticed that most of
the crime committed in Bhutan is not so grave and big as compared to that in India. The cases that came
to the GPY Legal Firm were mostly related to monetary cases, family dispute, contract dispute, etc, but
few cases relating to drugs and sexual offence were also brought upon.

xlv
I trust that the information contained in this booklet will serve the purpose of informing as well
as inspiring our scholars about the practical applications of laws of Bhutan and the working of
the legal firm in Bhutan.

BIBLIOGRAPHY

SL NO. REFERENCE
01 BOOKS:
Civil and Criminal Procedural Code 2004
Land Act of Bhutan 2007 - Second Edition
Penal Code of Bhutan 2004
02 INTERNET:
https://en.wikipedia.org/wiki/Bhutan (visited on 15/5/17 at BST 10:51 AM)

http://oag.gov.bt/wp-content/uploads/2010/05/Land-Act-of-Bhutan-
2007_English.pdf(visited on 16/5/17 at BST 3:32 PM )

xlvi
 http://oag.gov.bt/wp-content/uploads/2010/05/Penal-Code-Amendment-Act-
of-Bhutan-2011.pdf (visited on 20/5/17 at BST 4:05 PM)

http://oag.gov.bt/wpcontent/uploads/2010/05/Contract%20Act%20of%20Bh
utan%202013.pdf (visited on 20/5/17 at BST 4:15 PM)

http://oag.gov.bt/wp-content/uploads/2010/05/Narcotic-DrugsPsychotropic-
Substance-Substance-Abuse-Act-of-BhutanDE.pdf (visited on 23/5/17 at
BST 10:35 AM)

http://oag.gov.bt/wp-content/uploads/2010/05/Marriage-Act-of-Bhutan-
1980English-version.pdf (visited on 24/5/17 at BST 12:26 PM)

http://oag.gov.bt/wpcontent/uploads/2010/05/Inheritance%20Act%20of%20
Bhutan%201980%20(English).pdf (visited on 28/5/17 at BST 10:42 AM)

GLOSSARY

1) NYEN-THAM means certificate granted by the Government to a man and a woman

recognising them as amarried couple.

2) ONGCHA-PHOKPmeans a blood relations; a person of close consanguity and affinity,

who are restricted from marrying one another.

3) GAWOmeans a Compensation payable by an offender when eloping or committing

adultery with another's wife.

xlvii
4) KIDUmeans a benefit granted by the Government to any Bhutanese citizen.

5) ARO-GAROmeans a Mistress; any woman kept by a man but without marrying her.

6) BAmeans a condition laid down in an agreement; bond.

7) THROMDE means an area under the jurisdiction of a Municipal authority.

8) REG THOG MIT meansimpartial, unrelated witnesses.

9) JABMI means a Bhutanese legal counsel who has been licensed to practice.

10) THRIMZHUNG CHHENMOmeans The Supreme Law of 1959.

11) TSA-WA-SUM means His Majesty the King, Country and People of Bhutan.

12) DRANGPON means Justice or Judge or Presiding Judicial Officer of a Court.

13) National Judicial Commission means commission appointed under this Code for the
purposes of appointment and removal of Drangpons.

14) Druk Gyalpomeans His Majesty the King of Bhutan.

15) Dungkhag Courtmeans Court at sub-divisional level.

16) Dzongkhag Courtmeans district court.

xlviii
17) Pelden Drukpa meansGlorious Bhutan or an illustrious Bhutanese person.

18) Dratshang Lhentshog meansthe Commission for the Monastic Affairs.

19) Gyenja means anagreement.

xlix