The law ministry is considering setting up a law firm regulator with a code of conduct to govern law firms in order to end the “free environment without any regulations”, reported the Hindustan Times.
The law ministry has asked the Bar Council of India (BCI) to draw up a code of conduct for law firms, as well as to crack down on non law firm entities such as accountants and management consultancy firms employing lawyers and giving legal advice.
The paper reported that the law ministry wrote in an internal document: “The BCI regulates only advocates who are enrolled with it. Law firms as such are not required to register themselves before any statutory authority or require permission to engage in non-litigation practice.
“Exploiting loopholes, many accountancy and management firms are employing law graduates who are rendering legal services, in violation of the provisions of Advocates Act, 1961.”
A BCI official told the Hindustan Times: “We want all the law firms operating in India to provide details of their employees, annual returns and the nature of business they are indulging in.” In addition, a code of conduct and conflict rules would be drawn up.
According to the national daily the ministry also said that foreign firms should be permitted to take part in India-based arbitrations.
The BCI is the only body that is currently responsible for regulating lawyers in India.
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Your point on insurance cover is quite valid and I know that some big Indian firms do take insurance covers. However, it should be made mandatory for all firms.
Not to say the senior counsel do not require any regulation. The Senior Advocate club is most hypocritical and self-serving. Its all one big racket. The fees they extort while mouthing homilies on 'noble' profession is too much.
Now retired judges turning arbitrators are new members of this discredited club - lucrative fees and obstruction of justice comes naturally to them. No wonder arbitration is a farce in India - so no succour for poor litigants.
Lastly, law firms are sorely in need of regulation. ABC & co ...Where does the "Co" part come in considering most are partnerships?
The great unholy nexus between judges, senior counsel, and law firms have to be exposed and crushed.
Anyone wanting to take on the role of super-regulator - cleanse the augean stables of filth.
1) Allow foreign law firms
2) Allow foreign law schools
3) Focus on regulating practising court advocates who exploit juniors
4) Clamp down on corruption and punish people like RK Anand
5) Wind up like the MCI
@ 7 - Indian law firms don't give insurance cover but foreign law firms do. You seem to be one of those law firm partners who doesn't mind buying high-end cars but has limited reserves in the firm's bank account and hence don't pay your associates well. You are also scared of being responsible to your client.
Legal professionals who are not necessarily practising should also be brought under the same fold as legal practitioners and their experience be equally counted and valued. Court Management should be introduced to avoid some of the Senior lawyer wasting Court time on unnecessary delivery of speeches and same for the Judges wasting the precious time in asking unnecessary questions.
It should be made mandatory for the legal professionals to update themselves on various topics of law either by way of attending lectures or taking up any course or writing articles or doing pro-bonon work and doing research.
are you ashamed of law schools/firms in india or do you doubt their capabilities?
International firms and law schools are expected to offer a better version of services being rendered by their domestic counterparts and competition will help in imporvement of overall levels of lawyering here. If you have lived abroad you will notice the acute difference in the levels of technology and innovation in the weestrern world and the levels in India.
Now please dont tell me how India is a land of ancient law code drafters like Manu, so an India in 21st century does not need foreign colonisers etc.
But then also some sort of transparency is required for the accounting purpose. I support this cause of the B.C.I.
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