Solicitor General and unelected member becomes BCI chairman

Monday, 12 April 2010 By Neha Chauhan Bar, Bench & Litigation

Solicitor general of India and ex-officio Bar Council of India (BCI) member Gopal Subramanium was unanimously elected to serve as the BCI chairman for two years, following Suraj Narain Prasad Sinha in the position.

The vote was held during a meeting yesterday (11 April) attended by a majority of members.

Tamil Nadu Bar Council representative R Dhanapal Raj was also elected vice-chairman. Members Milan Kumar Dey and Brij Mohan Vinayak have been elected chairman and vice chairman of the executive committee of the BCI respectively.

Each of the terms in the positions run for two years.

It is understood that for the first time a solicitor general has been elected to the chair of BCI.

Gopal Subramanium was appointed solicitor general by the Union Government on 15 June 2009.

The Bar Council of India is a statutory body that regulates all Indian practising lawyers, as well as legal education of 740 law colleges and various national law universities.

It was conceived to formulate rules of conduct and professional standards for advocates emanating from the Advocates Act, 1961.

Bar Council of India (BCI)Gopal Subramanium solicitor general

Comments

Anonymous guest 12 Apr 2010, 23:51

+0 -0

[Comment moderated after request as being off topic and personal.]

Anonymous guest 13 Apr 2010, 00:23

Mr. Subramanium as BCI Chairman is a welcome move. Many congratulations. We can hope some progressive steps during his tenure.

Anonymous guest 13 Apr 2010, 00:48

At last, a learned lawyer is going to hold the position of Chairman of the BCI [...]. Congratulations to all the members of the legal fraternity.

KoolKat 13 Apr 2010, 01:07

Gopaaaal will let foreign firms come to India!
Yaaaaay.

Anonymous guest 13 Apr 2010, 02:55

Anonymous guest 13 Apr 2010, 03:57

Gopal Subramanium is an intelligent, urbane lawyer. Hopefully, he shall allow foreign law firms, in tune with the aspirations of the forward-thinking, english-speaking upper middle class.

It's only the mediocre lawyers who don't want foreign law firms. I will be very disappointed if an intelligent lawyer like Mr Subramaniam takes their side.

Anonymous guest 13 Apr 2010, 04:11

Contrary to the perceived belief, Gopal S did not get elected to the post of Chairman BCI to change the status quo. Rather, he got elected on the promise of blocking entry of foreign firms and educational institutions and keeping the BCI's educational regulatory role with BCI. The BCI wanted to shed its image of being a bunch of neanderthals, so it got someone with a brain and a voice to head it.

Expect BCI opposition to the foriegn law firms increase...

Anonymous guest 13 Apr 2010, 04:43

sad if the comments of #7 are true. Anywyas hopefully, BCI will atleast make rules specific to law firms. The current situation is ridiculous where a law firm is not recognised to render legal services through its advocate employees. Most law firms have to therefore engage lawyers as consultants and other cute structuring. Hopefully, we will see rules on conflict of interest and specific rules to protect clients of law firms in transaction advisory.

While I want both foreign firms and foreign educational institutions to come in, I can probably live without the foreign firms in India for some time, but preventing entry of foreign educational institutions is a very horrible thing to do, and that too for something as petty as BCI protecting its own turf (as against who? HRD ministry?). This would be unjust to future generations of India who have to go thourhg hell to get admissions in the very few proper colleges.

Anonymous guest 13 Apr 2010, 18:00

Anonymous guest 13 Apr 2010, 19:19

#7 - is this really true? Is there any news article on this or something? As in the GS promising blocking entry of foreign firms part.

[Comment moderated after request as being off topic and personal.]

Anonymous guest 13 Apr 2010, 19:49

Anonymous guest 13 Apr 2010, 20:46

Anonymous guest 13 Apr 2010, 22:41

Anonymous guest 14 Apr 2010, 00:15

the SG, GS, is a little too smart to allow things like that to come in the media. However, this much I know for a fact because:
1. GS gave an opinion stating that the Govt. shouldn't file an appeal against the Bombay HIgh Court judgment in the foreign law firms case. Later, RBI filed appeal on its own.

2. During a discussion organized by the law Min (which I attended as well) GS backed the BCI in its stand against taking away its powers of regulation of legal education and entry of foreign law firms.

Can't reveal too many other instances without revealing my identity obviously, but let's just say that the BCI stand is not going to change any time soon.

Anonymous guest 14 Apr 2010, 05:23

#14: VERY VERY VERY dissappointing revelations :sad: :sad: :sad:
looks like foreign law firms won't come in my lifetime

we live in a sham free market economy. india is a ****ing oligarchy. it's best to emigrate abroad. let's face it, all the best students (whether in law or other professions) have done so. it is only the lawyers who were not hard working enough or bright enough to get a good GPA who have stayed back (truth hurts).

give up the pipe dream. foreign law firms will never come here. work hard and try to leave the country...or marry an NRI :-)

Anonymous guest 14 Apr 2010, 06:29

I think its time we learnt to emulate the west, rather than work under them
for a pittance and be treated like second rate citizens.
No 14 is absolutely incorrect on his/her submission that only mediocre
lawyers stay back in india. In fact, some of the finest legal minds (rank holders from ivy league colleges)
come back to india to make a mark (most of them return with quality work exposure/experience).

Remember- the foreign law firms are only here because we (INDIA INC) are doing well. Yes their methods/approach/practices are far ahead/evolved.
But we are educated & smart enough as well.
All this profession (especially litigation practice) really needs is an attitude change.
Also, gone are days when only family run practices flourished.
Today's market is far more receptive/open to effective alternatives.
Moral of the story - inspire change and change shall come sooner !

Anonymous guest 14 Apr 2010, 18:31

@15 you are so absolutely incorrect. What is so great about working abroad i fail to understand. I know of many top ranked students who chose to stay back/return to India and now many of them are partners in top law firms and making, perhaps, more money than their peers abroad (or atleast better lifestyle, what with cooks, servants, gardeners, drivers, et al) and wider range of work. 15 fails to realize that senior partners in good law firms in India make more money than partners in foreign law firms

Anonymous guest 14 Apr 2010, 19:15

#15 are you from Afghanistan? My country India is a great place to work and live.

Anonymous guest 14 Apr 2010, 19:56

or atleast better lifestyle, what with cooks, servants, gardeners, drivers, et al)

read cook = unhealthy food consumed while staying late every day (yippy Domionos!)
servants = look after your children/elderly parents while you are away most of the time
gardeners = ?? someone has a garden in a Mumbai flat that costs more than property in London/Manhattan
drivers = no reliable public transport and getting stuck in your own vehicles while you take conference calls in the middle of a traffic jam!

but offcourse Money, Money, Money... that is all there...

Anonymous guest 14 Apr 2010, 20:23

GS is a standing example of how one can take the best from the western world and survive litigation practice in india. (Product of Delhi Univ. Faculty of Law + hard work all the way). He did not have to work for a fancy UK/US based law firm or do a masters degree from some ivy league college to be where he is or better said - "be himself"!

Anonymous guest 14 Apr 2010, 21:00

The learned Solicitor/ now Chairman BCI could seriously consider allowing lawyers from other countries to practice in india as independent consultants , subject to the limits and duration prescribed in what could be a 'foreign national license'. To secure the interests of indian professionals further- such licenses must be issued strictly on a referral and per transaction/ matter basis. Filing and appearances can be left to indian lawyers.

Healthy professional-cross pollination should not be discouraged .

This in my opinion is one way we can help enhance the prevailing standard of the legal profession in India yet without destroying our firms.

There are a lot us who are practising law in western countries as well.

A blindly restrictive approach by the BCI is wrong and could prove fatal to the interests of indian professionals practising abroad.

Anonymous guest 14 Apr 2010, 21:37

Legally India must consider having a page dedicated to good ideas for change wherein lawyers can share experiences good or bad , make suggestions which the law ministry/bci cld consider while defining national policy. All of this must ofcourse be legal reform oriented ofcourse !

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