Stuart Popham's passage to India: 'cooperation, deals to be done'

Clifford Chance

Clifford-Chance-Stuart_Popham
Clifford-Chance-Stuart_Popham
senior partner Stuart Popham recounts his UK ministerial visit to India last month, which included Ambani, best friends and mile-high parties, as first published by the UK’s The Lawyer magazine.

Clifford-Chance-Stuart_Popham
Clifford-Chance-Stuart_Popham

Clifford Chance senior partner Stuart Popham (pictured left) recounts his UK ministerial visit to India last month, which included Ambani, best friends and mile-high parties, as first published by the UK’s The Lawyer magazine.

As the only practising lawyer on the PM’s ’team’ I had to wear several hats, representing Clifford Chance (as always) the legal profession and the wider City in my role as chairman of TheCityUK.

Briefed in the garden of 10 Downing Street, the preferred location as long as the summer holds out, it was decided that the delegation would be split into two groups. One heading to Bangalore and another, which I joined, accompanying George Osborne to Mumbai to discuss financial services. There with the CEOs of Barclays, Standard Chartered, Deutsche Bank, the London Stock Exchange and Aviva Insurance, plus the chair of Standard Life. We attended meetings at The Bombay Stock Exchange (ringing the bell to start trading) with business leaders, including our own ’best friend’ Zia Mody of AZB & Partners. We discussed cooperation, deals to be done.

From there, we five plus the chancellor had an hour with Mukesh Ambani, chairman of Reliance Industries, to discuss the world of business before meeting the entire board of India’s central bank. This was followed by a working lunch, allowing the chancellor to make his keynote address and we, the business folk, to network. Collectively, the day gave a real insight into the inner workings of the Indian economy and underlined that this really was a working visit rather than a backdrop for political photo opportunities.

We dashed to the airport just as the monsoons of Mumbai had reduced traffic to a standstill. However, travelling with the diplomatic seal of approval does help and we were waved through security to board the plane to join the PM’s delegation for a dazzling reception that evening.

Day Two: Ministerial meetings aplenty…

Unusual though it might be for them, the various banking CEOs found themselves in a minibus being driven to meetings with ministers around Delhi. Chancellor Osborne and his team managed a Range Rover. We met the three senior civil servants in the Commerce Ministry who are responsible for negotiating the free trade agreement between India and the EU, and who will do the same with the US FTA next year. I am hoping that this will be the basis on which professional service firms (including lawyers) are able to establish in India. Then on from there to see the minister of finance for another positive discussion. I had a one-to-one with the law minister as a courtesy call.

At this stage I should tell you that the humidity in Delhi must have been over 100 per cent in that it would not have been any wetter had it been raining.

Finally, we have a police-assisted dash to the airport, making great time, to find ourselves on the chartered British Airways 747. You’d think that we’d have been ready to collapse by this point, after 48 hours with little sleep, but after running entirely on adrenalin for two days it’s surprisingly difficult to turn it off. Accordingly, the 50 business, academic, sporting and other ’mission members’ spent the next five hours standing to mix with the 50 press corps, reliving the last two days, putting the world to rights and generally networking.

Eventually, the cabin crew gave up any chance of pushing trolleys and packets of nuts were passed through a human chain from one end of the plane to the other. The last hour and a half before landing actually saw most people grabbing some sleep before we arrived precisely at the time the day’s agenda showed (4am), proving that it really is possible for airlines to run exactly to schedule (providing you have the relevant authority!).

Stuart Popham is senior partner at Clifford Chance and chairman of TheCityUK.

This article was first published by the UK’s The Lawyer magazine.

Comments

Anonymous guest 16 Aug 2010, 23:07
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Friends please unite and fight the foreign law firm. They are imperialist forces like east India Co who wants to loot our country. They will totally ruin the Indian culture where law is noble profession and not cheap money-making business. I am pleased to say that in few months petition will be circulated to oppose the foreign law firm. It is hoped to get 5000 signature of learned counsels + 1 lakh signature of other common man. Support of many honourable MLA and MP is also being sought. We are also planning to oppose foreign colleges in legal education sector also.

Friends if you want to give suggestion for arguments in petition you can send email to . Many valuable argument has already been given.
Anonymous guest 16 Aug 2010, 23:28
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kindly substantiate your "PLAN" with substance...coz even if you pull ur stunt off..it wld speak volumes (in the negative) abt indian legal service providers internationally.
Anonymous guest 17 Aug 2010, 00:01
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Before you start a signature campaign, please consider the demands of foreign firms. They are not asking for the right to practice Indian law and nor do they want the right to appear before courts in India. Most firms would want the right to practice the law of their home country in India, in the non-litigation corporate transactional space. I fail to see why these demands are going to impact the common man in any way or for that matter lawyers who are practicing before courts in India. I am happy to give you valuable suggestions for not wasting your time on a signature campaign that has little relevance to the matters it purports to oppose. Instead you should channel your energies towards giving better legal services to the common citizen's of the country because each day they are cheated by their own lawyers, who claim to be practicing a noble profession.
Anonymous guest 17 Aug 2010, 00:04
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#1 do you have the courage to get the views of corporate lawyers - who alone will get affected if the foreign law firms are allowed to enter (since they themselves are not keen to litigate in our courts) and maybe amongst the legal divisions of top 200 Indian companies, banks and intermediaries?

Do you really have the courage to do this? If not, then you are simply the face of all that is wrong with India and all that has made the lives of its citizens misreable.

Nuff said..
Anonymous guest 17 Aug 2010, 00:31
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Thanks for giving your email address:
I will make sure every spammer in the world get to know you better for your signature campaign. Hell you might get so many volunteers for signatures, you may even think of abandoning this pseudo email.

[...]

My message to you: If you really want to do something (even for a signature campaign) in order to protect your country from this so called 'fight', describe your real self and your agenda. Do not hide behind the emails..

Anonymous guest 17 Aug 2010, 00:45
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Dear No.1, I will join forces with you and will definitely sign up to your petition. I will also procure support of MPs and MLAs and common people for you.
But I would appreciate if you could kindly throw some light on the contents of the petition. Particularly, could you let me know how these foreign firms are like East India Company who will loot the country and ruin our Indian culture (preferably with some facts or substance to back these claims)?
As soon as you can provide me with this info, I promise you my undying support for this cause. I will even blacken the faces of foreign lawyers and burn their effigies on the streets. I will also hurl a shoe on a foreign firm partner. Anything for you and your cause !!!
Anonymous guest 17 Aug 2010, 01:33
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the likes of 1 are dime a dozen. common. they will never achieve anything major in life and will try to give meaning to their hollow lives by trying to garner support to stop 'imperialist' foreign law firms. never endowed with sufficient caliber or talent to even get into a decent Indian law firm forget about a foreign law firm they will either remain tools in the hands of others or try to incite others to 'action'

i hope you are a flame 1, coz if you are not I wonder how your clients stick with you.
"They are imperialist forces like east India Co who wants" ---> forces and wants cannot appear together in an English sentence. Forces like east India co "want". Please send your petition to a foreign law firm to get it proof-read.
Anonymous guest 17 Aug 2010, 02:55
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Some of the above comments are most unfortunate and uninformed. The proposed petition is not "stunt" but it is idea of few public-minded lawyers to air grievance of national interest. Right now it is in planning stage only and will take 9-10 months for drafting and circulation. Do not commit premature mudslinging. I would like to remind my friends that not only practicing advocate but many Indian corporate law firms are also opposed to entry of foreign law firms. I do not know how you can make statement that Indian corporate lawyers ia not against foreign law firms! Western culture is materialist and focus is on making money but in Indian culture knowledge given by a senior to a junior is regarded as remuneration. We have culture of working 7 days a week because work is sacred. If foreign law firms start paying fat salaries to young lawyers then how our Indian law firms will compete?

I think it is only some people from so-called elite national law colleges who is supporting foreign law firms. They want to be the ghulam of foreign law firms and want Indian law firms to close.
Anonymous guest 17 Aug 2010, 03:48
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No 6 FTW!!!

I thought 1 was good, but 6, you made my day.
Needed a laugh after a long day at an IMPERIALISTIC INDIAN LAW FIRM!!
Anonymous guest 17 Aug 2010, 04:17
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I agree that not all sections of the corporate law community support liberalisation. For example the chairman of SILF has said:

"Legal profession is too sacrosanct to be polluted by deep pockets of foreign governments or foreign lawyers"

http://www.legallyindia.com/201007301152/Law-firms/clifford-chance-to-have-india-office-by-2012-vows-popham

Let's accept it guys: It is mainly young lawyers in the 25-45 age group who would be happy if foreign law firms open offices. Most senior advocates and owners of family-run corporate law firms are against it.
Anonymous guest 17 Aug 2010, 06:30
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Yes, the carpetbaggers are licking their lips and sharpening their knives. So many deals to be cut...and so little time. *sigh*

Reminds one of the firman inveigled from the Mughal emperor Jahangir. "Oh, we have only come to trade". Yes, soon the trade was protected by the sword. And the flag followed the trade.

The home of cotton was inundated with cotton - cheap textiles from Manchester, depriving millions of their livelihood. "The bones of the cotton-weavers are bleaching the plains of India". That was the refrain then, and only time will tell how Lord Popham and his cohorts take over and subvert the delivery and administration of justice - a clever inocuous ploy in usurping the republic again.

No maharajahs this time round. Only "nabobs of law". History has an uncanny knack of repeating itself. The first time it is tragedy. The second time it is going to be a farce.
Anonymous guest 17 Aug 2010, 18:50
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@ # 11 where were you when foreign banks and big four statred entering India and compete with local family run businesses ? Dont just stop foreign law firms, also bar the big fours and the international banks
Anonymous guest 17 Aug 2010, 20:19
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good to see that many people are opposing the foreign law firms. these days the young boys and girls think that big salary is their birth right. youth of today have lost values. for them money is everything even if it means takeover of the country by imperialist forces. Shri Lalit Bhasin has written a great article on this website on why foreign firms should not be allowed. I urge people to read the article. Shri Bhasin has correctly pointed out that Indian lawyers has never worked for profit but inspired by pure noble ideals. Shri Gopal Subramaniam has also said that foreign law firms should not be allowed as law is a noble profession in India and not a business.
Anonymous guest 17 Aug 2010, 22:03
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Many know the real truth behind the controversy and the main people who are opposing liberalisation. Unfortunately the truth cannot be disclosed publicly because of defamation law :-)
Anonymous guest 18 Aug 2010, 00:32
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@ Shri 13: Please!!!
Anonymous guest 18 Aug 2010, 00:49
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mr 13 - just by throwing names so and so wrote this 'great' article - read it - they 'know' better... will not cut it... pls present 'substantive' arguments not rhetoric. World over, you have professional services being offered in a competitive framework. surely there can be a way we can create an open market through slow liberalization in a phased manner...

these same 'great' people are running law firms which stand to lose if there is competition --- these are not unbiased views

i work at one such 'foreign' law firm and I have worked in an Indian firm as well. There are significant differences in approach to work and work ethic. And no, in my view, as a lawyer and as an individual, Mr. Bhasin is not correct and just by pointing to his article you don't score any brownie points. Anyway, I am confident that in my lifetime things will change. And for the better, in my book.
Anonymous guest 18 Aug 2010, 04:18
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"Patriotism is the last refuge of a scoundrel" -- Samuel Johnson
Anonymous guest 19 Aug 2010, 19:04
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For those of you who want a "noble" profession, more power to you. Go ahead and charge nothing for your services and you will be applauded, including by me. I'm sure you will include within your ranks those senior counsel, including our respected Bar Council Chairman, who nobly think nothing of charging lakhs and lakhs for appearances.

Please however allow the rest of us, who also do a hard day's work and apply our brains to solving our clients' problems and helping the economy grow, to charge a decent fee for our services.

The hypocricy and childishness of the East India Company argument/imperialist is beyond belief, in a day and age when Indian groups are acquiring companies and businesses overseas, multinationals are prospering in India and even Communist China has opened up to foreign law firms.