An old Adage says, ‘The King Can Do No Wrong’. Entry of
Indian lawyers outside India looks difficult but the converse is not true.
BPO, FPO, KPO, LPO, PPO, RPO… this growing list of acronyms
has led to the stereo typical perception that businesses eager to ride the
outsourcing wave are constantly being set up to process just about everything
under the sun in this supposedly flat world. The application and integration
of state of the art technology gives lawyers an edge over their counterparts
in conventional legal practice. Traditional Geographic boundaries of client
service are now passé affording lawyers the enviable opportunity to
demonstrate their professional skills in a global context as never before.
Direct interaction with overseas clients on their laws lends a new dimension
to lawyers understanding of legal practice in other countries not to mention
an enhanced multicultural sensitivity and development of their communication
skills written and oral.
A systematic process driven approach to performing legal
services often requiring lawyers to work in teams with their peers, sharpens,
their people and time management skills.
Ensure Inclusive Growth: The concept of Equitable
distribution of briefs and social security amongst junior members of bar
merits consideration. Besides every judicial officer numbering around 15,000,
should be assisted by junior lawyer and expenses thereof must be defrayed by
the Government through budgetary allocations. It is pity that majority of
lawyers whose competence is unquestionable remain under utilised. Sections –
2(j) and 5 of FEMA, 1999 stipulates that remittance for a availing of legal
services falls within current account transaction and can be freely effected
in convertible foreign exchange. Today the issue of legal regulatory
compliances and avoiding litigation is a major concern for multinational
operating in India.
This all the more underscores the need to protect the
interest of our lawyers and law firms.
However lawyers in India must recognize that in an era of
globalization, opening up of the legal services is inevitable.
Before this happens India must ensure inclusive growth of
lawyers and insist on reciprocity and not yield tamely under international
pressure.
In this dynamic world REFINEMENT IS THE KEY WORD with this
changing scenario of technological development the role of lawyers has
undergone a ‘Sea change.’ Adoption of new avatar is vital. IN SHORT ‘SURVIVAL
OF FITTEST’. However, the Indian law practitioners are saddled with retrograde
laws that govern them in areas such as advertising promotion, marketing and
pricing. Antiquated British-era law prohibit Indian firms from having more
than 20 partners they are also forced to have unlimited liability. Having a
website listing of the lawyers in the firm and the work they do, is banned.
Yet there is already robust competition between Indian and Foreign law firms,
even in practice of Indian law. When Indian firms outperform the foreign firms
backed Indian outfits history does not validate it as an international
success, because there is no official clarity on what constitutes practice of
Indian law.
The extensive recruitment of practi-tioners exclusively
trained in Indian law set the standards and yet reflect an Asian discount.
Mediocrity in Indian legal talent has never had better. Competition should be
welcome with concomitant introduction of long-overdue reforms for the
practice. In relation to the practice of foreign law, it would equally have to
be precise about what constitutes the practice of foreign law. The irony lies
in no one expecting the law governing lawyers to contain precision any better
than Indian law.
Indian lawyers practising in U. K. has jumped into the
ongoing debate about opening up India’s legal services market to foreign
lawyers, objecting to any such move without ensuring reciprocal entry
clearance for Indian lawyers in U. K. They have intervened to have their say
in court as an interested and affected party. The root of objection is that a
move to open up the Indian market to UK lawyers will enable them to start
business in India, but Indian law firms and legal professional cannot do same
in UK without stumbling over entry qualification tests and work permit and
immigration restrictions. Liberalisation, they argue, should be a two-way
street and international law firms can give their Indian counterparts exposure
to international transactions. Indian law firms can participate in UK client’s
competition by providing similar quality services at a fraction of the price
charged by the big players. Any true market opening up should be ‘not just an
eastward movement of English enterprise’, as is being envisaged. Legal
services are an area where UK believes it has comparative advantage and the
focus on opening up the Indian market to foreign practitioners is high.
Last year an MOU was signed between the "All India Bar
Association and the Law Society of UK and Wales" where the ALL INDIA BAR
ASSOCIATION dropped its objection to the entry of foreign lawyers on the basis
of assurance that foreign lawyers would not look to practice litigation or
appear in courts. However, British Indian Lawyers point out that the Law
Society is a private body representing solicitors, who anyway do not appear in
UK courts, which only qualified barristers can do. It also points out that ALL
INDIA BAR ASSOCIATION is private body consisting largely of lawyers who do
appear in Indian courts and do not represent the legal community in India
which is the role of the Bar Council of India. Indian lawyers should have the
right to practice in England and Wales without having to pass ‘The Qualified
Lawyers Transfer Test’. The Indian Advocate Act does not contain a requirement
similar to ‘The Qualified Lawyers Transfer Test’. The Act provides that
foreigners may be admitted as an advocate if Indian nationals are permitted to
practice law in their country.
