A Cultural Insight into Moonlighting in Indian Law Firms
During my five years in Gujarat, I gained an understanding of the business world that reshaped my perspective. In this vibrant region, the concept of ‘latent income’ is deeply embedded in the culture. It’s common to have a primary job complemented by a side income, both coexisting harmoniously. The side hustle never undermines the main job; rather, it operates independently, often supported by family or conducted outside regular working hours. This cultural nuance was illustrated to me by a Dabeliwala in Sector 24, Gandhinagar, who was a government employee by day and a street vendor by night, embodying the spirit of entrepreneurship.
This spirit is prevalent across Gujarat, where individuals from various professions engage in side activities. This begs the question of whether moonlighting can be eliminated in the legal profession. The drive behind moonlighting is not always dishonest; it often stems from human necessity. While total eradication may be improbable, detection and addressing it remain viable solutions. Understanding the underlying reasons is crucial before formulating responses to moonlighting.
The Economic and Cultural Drivers of Moonlighting
India’s inflation rates are unprecedented, escalating the conflict between employer expectations and employee needs. Common concerns include skill gaps, knowledge gaps, and expectation gaps, which are prevalent across sectors. The country is evolving, with consumerism becoming a mainstream force. A generation has emerged with clear lifestyle aspirations and responsibilities, including caring for aging parents and supporting families. These economic realities compel individuals to seek additional income as a rational response.
In my experience, my generation lived within means, while today’s youth embrace life more fully, perceiving limitations as constraints on their freedom. This understanding complicates the management of a law firm.
The Structural Impact on Moonlighting in Law Firms
The rise of startups and freelance platforms has facilitated moonlighting in law. Many small businesses view legal expenses as burdensome, seeking to minimize costs. Freelance platforms connect these clients with lawyers willing to work beyond regular hours. This match appears logical, but it poses challenges.
The legal landscape is shifting, with a growing middle tier of niche practices offering quality exposure. Young lawyers aspire to build similar practices, but they often misconceive freelance work as establishing their firm. Such clients often cease using freelance services after securing institutional funding, leaving lawyers without steady income or essential relationships.
Ethical Considerations and the Realities of Building a Legal Practice
Successful legal practice development requires trust, built over time through consistent engagement and value delivery. Technology cannot replace the time-tested foundation of trust. At my firm, we emphasize selling time and knowledge, our true currency as advocates.
Moonlighting’s ethics warrant honest examination. When a firm commits time to a retainer client, diverting that time elsewhere is a breach of contract. Similarly, when an employer hires an advocate, they expect dedicated hours. Directing that time to side activities is akin to breaching a contract.
Not all moonlighting is detrimental. A side income managed outside primary job hours is acceptable. Problems arise when side work impacts primary commitments, using firm resources for personal gain, or when professionals redirect clients for personal benefit, breaching fiduciary duties.
To young professionals, I offer no easy solutions. The legal profession is more challenging now, with higher costs and aspiration-income gaps. The best investment is in the integrity of time and knowledge usage, an investment that yields long-term rewards beyond freelance platforms or undisclosed commissions.
About the author: Anuroop Omkar is the Managing Partner at AK & Partners.
Note from AK & Partners: As we celebrate a decade, we launch a thought leadership series offering fresh perspectives on the legal profession, navigating changing expectations, work cultures, and modern practice realities. AK & Partners holds ISO 27001 and ISO 42001 certifications.
Disclaimer: The opinions in this article are those of the author(s) and do not necessarily reflect the views of Bar & Bench. For publication inquiries, please use the form here.
