Comments for Interview: Bar Council Chairman SNP Sinha at http://www.legallyindia.com , comment 1 to 33 out of 20 comments http://www.legallyindia.com Sun, 21 Mar 2010 10:30:24 +0100 FeedCreator 1.7.3 http://www.legallyindia.com/2009062872/Interviews/Interview-Bar-Council-Chairman-SNP-Sinha#comment-2803 I think Indian lawyers should not sit around bickering over nonsensical stuff and go back to their "protected from Globalisation" profession and get down to solving some cases which have been languishing almost for decades now! Being an NRI with a land dispute involving a forged sales contract ongoing since 2001, I speak from personal experience here. Sure wish you people would wise up and let in some decent foreign lawyers who want to get the job done. Gee Yes! Solicitor, Supreme Court of New South Wales Grad. Dip. in Legal Practice (College of Law, NSW) Grad. Dip. in Legal Studies (Uni. of New England, NSW) Grad. Dip. in Legal Practice (Uni. of Western Australia, WA) LL.B (Honours) (Uni. of London, UK) - Anonymous Sat, 20 Feb 2010 01:43:30 +0100 http://www.legallyindia.com/2009062872/Interviews/Interview-Bar-Council-Chairman-SNP-Sinha#comment-131 He clearly beongs to the old school of thought where law firms are a mere aberration and the real office of a lawyer is the courts only. With people like him around, I doubt if the big law firms opposing entry of foreign firms need to be worried. This guy is taking care of that for those big Indian firms without realising that foreign lawyers cannot litigate in Indian courts without being admitted to an Indian state bar. It is common knowledge that bar council/ association elections do not reward meritocracy [comment edited]. SNP Sinha is not language sensitive and perhaps even ill informed about the organisation and working of law firms in India. His answers are generic and show that the bar council has not given thought to some specific issues. I think it is imperative that Bar Council of India, like some other statutory bodies, issue press statements about important legal issues so that its members know what BCIs take on certain issues is and how well aligned is that view with the view of its members. Also minutes of their meetings should be made public so that we know exactly what all these guys discuss in BCI meetings before jumping to conclusions and how well informed they are. - Anon Fri, 03 Jul 2009 13:29:42 +0100 http://www.legallyindia.com/2009062872/Interviews/Interview-Bar-Council-Chairman-SNP-Sinha#comment-155 The most hilarious line (which no one else seems to have found hilarious) is Mr. SNP\'s view that the Bar Council\'s is \"a vast job\"!!!! [comment edited] Vast job indeed.....like .......signing bar registration certificates, collecting advocates\' welfare fund contributions (whatever its exact name is), issuing advocate ID cards.......all very VASTly important and very non-clerical and very visionary and very noble and.... You know what LI, you should send this interview along with all these comments to above the law, thelawyer.com, rollonfriday etc etc :-) - Thu, 02 Jul 2009 11:01:01 +0100 http://www.legallyindia.com/2009062872/Interviews/Interview-Bar-Council-Chairman-SNP-Sinha#comment-175 This is a response to a previous comment on this story, which alleged that Amarchand Mangaldas was involved in professional misconduct as originally published in the following article: http://tinyurl.com/nj45fc The firm has provided the following statement for publication and has asked us to remove the original comment for legal reasons. \"The anonymous source quoted on your site obviously has not read the retraction of the MINT, as written above and as enclosed. [http://tinyurl.com/nj45fc] After our assignments for the privatization of the New Delhi and Mumbai airports were over, the joint venture in which the AAI has 26% shareholding appointed us to advise the joint venture for third party contracts. We do not advise / have not advised any bidder vis-à-vis AAI for the privatization of Delhi / Mumbai airports and we have not taken up any adversarial position to AAI, which appointed us. The allegations of any professional mis-conduct is malicious and without any regard to the truth. The MINT which carried the original allegation on the 25th of October has withdrawn it on 2nd November, 2007 after reading the truth and facts.\" - Kian Ganz, editor Wed, 01 Jul 2009 19:45:53 +0100 http://www.legallyindia.com/2009062872/Interviews/Interview-Bar-Council-Chairman-SNP-Sinha#comment-164 I think what SNP meant was that all non-owner lawyers working in corporate department in law firms are \'clerks\' and all junior lawyers in the field of litigation are \'peons\'. He is right because corporate lawyers do research and documentation work for their maaliks\' and junior litigation lawyers do the work of porting files and books for their seniors. I dont think he is incorrect! Does anybody disagree? - A Clerk Wed, 01 Jul 2009 12:16:12 +0100 http://www.legallyindia.com/2009062872/Interviews/Interview-Bar-Council-Chairman-SNP-Sinha#comment-163 ...has anyone cared to check the BCI and BC of Delhi websites?....they have failed to put even a single correct photograph against the advocates.... can Mr. SNP show us a single instance where a correct photograph has been placed agains an advocate\'s name?.....he he hee......this shows the miserable state of our profession in this country - Anon Wed, 01 Jul 2009 12:10:25 +0100 http://www.legallyindia.com/2009062872/Interviews/Interview-Bar-Council-Chairman-SNP-Sinha#comment-160 Clerks! What can one say about such ignorance! How can one respond to such baseless and uninformed statements and decisions. I think this begs the question of whether India also have two separate regulators (one for the litigators and the other for the non-litigators). My fear is that the regulator in India is unaware at its best and incompetent at its worst to regulate corporate law firms (I use this phrase loosely). Junior lawyers and clients have no protection against the legal Goliaths in India. I don’t see basic rules such as conflicts, ethics for corporate lawyers etc. There are no rules which govern ethics of an in-house lawyer. These shortcomings will prove fatal to the Indian legal profession over a long period of time. I had once come across a situation where the two parties to an acquisition were represented by two separate offices of the same law firm – this is appalling to say the least. Such behaviour in any other jurisdiction would be shot down. A law firm can justify Chinese walls between two teams acting for two bidders bidding for the same asset, but not when you are representing different interests. I think we need a regulator which not only understands the current sophistication of the corporate legal market. - Lawyer outside India Wed, 01 Jul 2009 02:41:50 +0100 http://www.legallyindia.com/2009062872/Interviews/Interview-Bar-Council-Chairman-SNP-Sinha#comment-158 While his concerns for developing the litigous part of Indian legal services industry are understood, Mr. Sinha seems to be totally ignorant of the contributions being made by the tranactional practices. While the world has moved on to law firms being run like MNCs and in fact being listed on stock exchanges, it is frightening to see that the Chairman of BCI has a very myopic and tunnel view of the legal world. How can this body and its office bearers be entrusted with the future of the Indian legal services Industry and also be expected to negotiate with the US and the UK to agree a framework for liberalisation of the Indian legal market? Had it been a more mature market, Mr. Sinha would have been made to resign for this faux pas. On a separate note, the family run Indian law firms complain that they have not been given enough time and chance to grow strong to stand up to foreign competition; what have these Titans done so far to positively influence things in India? Set up SILF? wake up and smell the coffee. It is a very sorry state of affairs. - A Lawyer Wed, 01 Jul 2009 00:10:41 +0100 http://www.legallyindia.com/2009062872/Interviews/Interview-Bar-Council-Chairman-SNP-Sinha#comment-157 I am not his spokesperson but I feel there is some disconnect in how his interview is being perceived by a vocal minority. He had also voiced the same concerns, however badly articulated, during his meeting with Alison Hook of the English Law Society last year in London. His overriding concern is to improve the justice delivery mechanism by having better lawyers joining the bar and the bench. It is with this objective the National Law Schools were set up and now the lure of lucre has drained all talent from these institutions to the law firms. So, he wants to fix that problem first by ensuring life blood to the bar, on which hinges the justice delivery system. He feels allowing foreign law firms has no apparent benefit on this mission. - perspective Tue, 30 Jun 2009 22:06:33 +0100 http://www.legallyindia.com/2009062872/Interviews/Interview-Bar-Council-Chairman-SNP-Sinha#comment-154 LI: In India there is a growing market for legal process outsourcing (LPO). How do you view this market compared to the other lawyers in the country? How are you regulating this market at the moment? Sinha: It is a very important thing. We have not started anything as yet. But since it is an important matter, we will discuss it in our meeting and write to the concerned ministry after a consensus Note that ITES grew in India only because it was free from the license raj. Now mark my words BCI will favour some sort of control and licensing over LPO and cause the demise of this nascent industry. Hopefully GOI will look though theri self serving agenda and keep it free from their control. Why dont they work towards improving the justice delivery system so that poor citizens can realistically look at courts as efficient avenues of justice delivery mechanism. the current state of Indian judicial system is a shame on the democracy of this great country. - Tue, 30 Jun 2009 18:24:09 +0100 http://www.legallyindia.com/2009062872/Interviews/Interview-Bar-Council-Chairman-SNP-Sinha#comment-153 \"But it is also a cause of concern for us that these youngsters, instead of enriching the bar, choose to work like a clerk. And you also have to consider that they work for a hefty amount which is not the case in litigation.\" Since when did litigation beome cheap? Why don\'t you quote your own rates and the rates of all senior advocates and other advocates? Except corporates and high net worth individuals no one can afford them..law firms at least pay decently to the young guns..what about your \"profession\"? It is noble and all, how can one survive with a noble profession but with no pay to afford costly books and a decent lifestyle? The only lawyers who suffers in litigation are the junior lawyers, who are severely underpaid and take atleast 5-10 years to start earning something respectable to sustain themselves.i am sure you will think suffering is right and is a part of growing up..what is worse is someone suffering because the system has people who do not want change for good, do not want to pay their juniors but are always the first one to leap to make baseless comments - Tue, 30 Jun 2009 17:24:47 +0100 http://www.legallyindia.com/2009062872/Interviews/Interview-Bar-Council-Chairman-SNP-Sinha#comment-152 ....AAh....I am really aghast at the level of knowledge and the quality of thought process of the LEADERS of our profession in India !!!! His thoughts are really amazing ! Good luck to all lawyers, irrespective of whether they are in litigation or in transactions! Legally India - Can you please arrange to send a copy all posts here to Mr. SNP ? - Anon Tue, 30 Jun 2009 16:26:18 +0100 http://www.legallyindia.com/2009062872/Interviews/Interview-Bar-Council-Chairman-SNP-Sinha#comment-151 Self-righteous? Rubbish. Sure junior lawyers do some grunt work but so do junior people in almost any profession. It is the way people learn. If the \"clerk\" tag is justified as some people seem to suggest then most junior lawyers in litigation should perhaps be accurately described as \"serfs\". Not only do they carry files for seniors and do various other menial tasks but in a large number of situations they don\'t even get paid a decent wage for the pleasure. This must be justified by the inherent \"nobility\" of the profession I guess. All work is dignified, whether it is litigation, transactional work or cleaning toilets. What is not dignified is someone else characterising a type of work as lowly. - Anon Tue, 30 Jun 2009 16:14:30 +0100 http://www.legallyindia.com/2009062872/Interviews/Interview-Bar-Council-Chairman-SNP-Sinha#comment-128 clerks indeed! grapes are truly sour or ignorance is bliss! mr. sinha take your pick. also for your reference sir, we dont have an employee -employer relationships. most law firms are partnerships and lawyers are retained by the firm. please read the partnership act, the tax laws and then talk to the media. [ed: part of comment deleted] - law firm lawyer Tue, 30 Jun 2009 15:30:02 +0100 http://www.legallyindia.com/2009062872/Interviews/Interview-Bar-Council-Chairman-SNP-Sinha#comment-150 Let the man alone..at least he had the balls to admit we\'re dignified..can\'t really say the same about the Bar Council functionaries though..this dignified clerk still remembers his enrollment interview, where one of the non-clerks (per Mr. Sinha) who was unable to compose a single sentence in English (i doubt if he could do so in Hindi) sat at the High Chair. Kudos Mr. Sinha, you do us proud, for its you and your insecurities remind us dignified clerks of our true value and importance in the system. - anon Tue, 30 Jun 2009 13:22:03 +0100 http://www.legallyindia.com/2009062872/Interviews/Interview-Bar-Council-Chairman-SNP-Sinha#comment-149 Dear Mr. Sinha, I am a dignified clerk working in a law firm. I specialize in mergers and acquisitions and corporate law. Can you tell me how many who are according to you who are lawyers can handle such a work? How many of the lawyers specialising in litigation can handle this work of agreements involving thousands of crore ruprees? I am an advocate and will remain a one. Being into litigation is not the only criteria for this. I am happy with the work I do and the money I earn. And you have no right to refer to us as dignified clerks. - Dignified Clerk Tue, 30 Jun 2009 13:01:24 +0100 http://www.legallyindia.com/2009062872/Interviews/Interview-Bar-Council-Chairman-SNP-Sinha#comment-147 I cannot believe this is the person is the Bar Council’s Chairman. Bar Council, where all the clerk gets enrolled...wow. - One of the Clerks Tue, 30 Jun 2009 10:45:22 +0100 http://www.legallyindia.com/2009062872/Interviews/Interview-Bar-Council-Chairman-SNP-Sinha#comment-146 Obviously you have never worked in a corporate law firms at the \"national\" and \"foreign\" levels. Like Mr. Sinha you seem to have no CLUE as to what you are talking about. Its positively embarrising. - Very reasonable to reasonable Tue, 30 Jun 2009 10:06:36 +0100 http://www.legallyindia.com/2009062872/Interviews/Interview-Bar-Council-Chairman-SNP-Sinha#comment-143 law is a profession, agreed. it is also a service industry...even in this profession, what we as lawyers do, is provide service vis a vis upholding justice or at least trying to. nevertheless, I believe someone saying he represents lawyers at bar should not make such frivolous comments. Also, your points are well noted.cheers! - to resonable Tue, 30 Jun 2009 00:40:33 +0100 http://www.legallyindia.com/2009062872/Interviews/Interview-Bar-Council-Chairman-SNP-Sinha#comment-142 Even if Sinha is conservative and old fashioned and does not know law firms well, perhaps you should take on board some of his views rather than dismiss them out of hand. Maybe the choice of the word \"clerk\" is offensive and inaccurate when applied to you, but the point he is making is about the increasing corporatisation of law into just another service industry vis a vis law as a profession. - reasonable Tue, 30 Jun 2009 00:04:07 +0100