Senior counsel Anil Divan wants practical position paper on liberalisation from government.
Recognising foreign law firms’ disinterest in working at the Indian bar, the association’s president Anil Divan wrote in a column in The Hindu:
Predominantly, foreign law firms want to practise as consultants (FLCs) and not in court. Government apathy, unthinking bureaucratic support to foreign law firms, total disconnect with the legal profession, absence of national policy objectives and dubious behaviour by foreign law firms in the past have clouded the whole issue.
Divan recited much of the history of the debate, including two court cases and a 1994 Delhi bar council challenge to an English Queen’s Counsel (QC), and concluded:
It is time a resolution to this contentious issue was arrived at. The ball lies in the government’s court. It must start a frank and meaningful dialogue by publishing a position paper containing the national objectives and a proposed mechanism.
In sum, reciprocity, transparency and accountability of foreign lawyers with strict court-monitored mechanism of disciplinary control (one cannot trust the executive in view of its consistent support to foreign law firms) and a level-playing field are essential to be put in place by law. Our law firms should not be eliminated in India as has happened in the accountancy sector but should grow nationally and internationally. A modus vivendi between the legal profession and the authorities is a precondition for fashioning a meaningful mechanism. Foreign Legal Consultants (FLCs) and foreign lawyers being permitted to enter the legal services sector in India without these safeguards would be unacceptable, inopportune and contrary to national interest.
Comments
In any case, would be interested in genuine engagement with this news item, which seems to signal a readiness to engage in proper dialogue on the issues and recognition of the commercial aims of foreign firms (I.e., not working at the bar), which hasn't really happened much to date as far as I can tell.
Any thoughts?
In a place like India and other "developing" jurisdictions, where there is negative (much less than zero) respect for commitment and rules, its no surprise lawyers are all useless-formality-cheap-labour who should be paid meagrely... and they should be continued to be paid meagrely. Even if you see Asian jurisdiction like Japan, they have highest lawyer earning to gdp ratio because of serious difference in the values and success of such nations.
What is this Bar Association of India ? Can some one share the website ?
Also do any of the comments made by Mr. Divan trigger any conversation at the places required ?
Fact is there is no prominent voice for liberalization, while Zia and the Shroffs, among others, are vociferous defenders of their monopoly. Anyone who thinks this will change when younger lawyers take over should ask how much the ascension of Rahul, and the young Scindia and Pilot have resulted in fresh thinking from Congress.
We should all relax and forget about liberalization for at least another 15 years, 'cause it ain't gonna happen anyway.
http://articles.economictimes.indiatimes.com/2013-03-20/news/37872367_1_legal-sector-foreign-lawyers-indian-lawyers
Please remember the Hindu is the unofficial spokesman of the Left and the editor has openly admitted to being a Marxist. You should also look at stories in other papers to give balonced coverage.
And I presume you are the unofficial spokesman of the "potty paper brigade"? (Read TOI)
Indeed, an interesting and fairly balanced read - something a mainstream newspaper might not have run a few years ago, so it is interesting to see that perhaps the discussion is moving on somewhat towards issue-led debate?
Though just as likely, it's a case of "all said, nothing done".
Is Mr Divan suggesting that Indian accountancy firms have been eliminated? Accuracy is clearly not required when dealing with this issue.
However, even if it were so, it is interesting how NONE of the arguments against liberalisation focus on either the impact on the economy or clients. There is an economic need for liberalisation, large Indian corporates (who would be the main Indian consumers of the services of foreign law firms) are in favour of opening up the market, and one would have thought that these are compelling arguments. Clearly not.
Finally, who will be doing the work and earning the profits if this sector were to be liberalised? The same lawyers who are currently working in Indian law firms. The only people who liberalisation would be bad for are the current owners of law firms, and it is sad to see how they have been able to block this over a long period.
TOI has dumbed you down, dear sir. I suggest you start reading. Maybe then you will stop spewing mindless opinions from your b-grade newspapers. :)
as you would have guessed, i do not read TOI or any other paid news paper. however your editor remains a US citizen. this fact is printed in your newspaper (as each newspaper is required to regarding their respective editors) and not in any other dumb news paper which you assume that mindless people like me read and become dumb!
oh how i miss the so called Indian intellectual liberals...
Rather than parroting opinions you read on a daily basis from wherever it is you do, try and form an independent and unbiased opinion, more importantly, something which is not riddled with numbing stereotypes. I am sure you dont have a clue what the naxalist movement is about but still know the brand of diapers which baby aaradhya wears.
#6 Really? Big 4 accounting and tax firms have wiped out business of Indian accounting firms. For a fact, no well to do company will have a non Big 4 as their auditor. For a fact, foreign accounting firms still cannot audit Indian companies but they have tie-ups with Indian firms who do the same on Big 4s behalf and under their brand.
However, whether allowing foreign law firm in the legal sector adversely impact the Indian firms? I hardly doubt. I have worked with a top tier law firm and I have witnessed their market penetration and goodwill. It will be very tough for an outsider to topple that kind of presence with the Indian clients. However, there should be competition in the legal market.
I presently work with a Big4 firm. If their is anything to be feared, it is their presence in over 160 countries across the world. The strong network presence pulls in tons of clients based on referrals. For lawyers who are guessing what this is? This is the kind of best friend relations that Indian law firms have with foreign firms. Sadly those relationships would end when foreign law firms do come in, unless the Indian firms are acquired by the foreign firms (that relationship will change a bit then).
Nalsardude: U must be more of dud than a dude! Talk sense and on the topic. Who cares about your devotion and love for The Hindu? Save your trash talk for a topic which discusses the best Indian newspaper or whatever you wish!
#10 Guest: Foreign law firms will be mostly be active in advisory practice in the lines of M&A, Tax, FEMA, Capital Markets, Funds, Outbound & Inbound Investments, PE, Project Finance, FIIs. They will pay you like crazy and make you burn quite the same for it! Not sure how much of a father they'll be that you are looking for. Furthermore, they will not be in court practice so people in that path will keep on getting exploited. Sorry to sound like this, but that's d truth.
#11 X: India lags behind China because they are more disciplined than India, not just because of restriction in FDI.
i am not against you, as i am in favor of opening of Indian legal market for forgien law firm........as about big four all the partner of big 4 accounting as big CA firms who already capture big market, but one thing is important even today their are lots of small ca firm and they have their own area of working which is entirely different from big 4...........look at today many big indian corporate are taking services of international law firm....than why we are hesitating in opening of our market at least after that i am sure it will increase the standers of indian firm also......why we are in fear we are also free to do business anywhere in world...........if we want to capture international business than why we are afraid of competition............today all the big law firm in india hire only from NLS then what about other law school which include law school like DU and other.......as i saw many of the talented student of these law school are exploited in the hands of lawyers(from lower to supreme court) and if these law firm will come to india, i am sure it will open gates for these bonded skilled law labour.
I am so glad I never had to take up a job with an Indian law firm...I might have had a heart attack at 28 like one of my classmates...