A PROJECT REPORT ON LAW JUSTICE AND GLOBALIZING WORLD

Globalization and Legal Profession

UNIVERSITY INSTITUTE OF LEGAL STUDIES,

CHANDIGARH

SUBMITTED TO : MR. NITIN SANSANWAL

SUBMITTED BY : KEVIN GAUTAM

L.L.M (1 YEAR)

ROLL NO. : 23022

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ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher Mr. Nitin

Sansanwal, who gave me the golden opportunity to do this wonderful project of Law
Justice and Globalizing World on "Globalizing and Legal Profession", who also
helped me in completing my project. I came to know about so many new things. I am
really thankful to them.

I would also like to thank all my seniors and staff members of University Institute of
Legal Studies, Panjab University, Chandigarh for their kind cooperation and
encouragement which helped me in completion of this project.

Last, but not the least, I would also like to thank my parents and friends who helped
me a lot in finalising this project within the limited time frame.

Kevin Gautam
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Table of Contents

TOPIC Page No.

1 Introduction 3

2 What is Globalization? 4

3 Globalization on the Justice System 4

4 Global changes in the legal profession 5

5 Legal profession in India 5

6 Changing nature of legal profession 6

7 Difficulty faced by Indian legal education system due to 6-7

Globalization

8 Major issues unnerving the legal service sector 8-9

9 Measures taken to meet the Global challenges/opportunity by 9-10

the Indian legal system

10 Impact of Globalization on Indian Lawyers 10

11 Conclusion 11

12 References 12-13
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Introduction

The Legal profession has been going through a profound revolution due to
globalisation with increasing participation and involvement of countries and more
access to domestic economies. Globalisation should not be looked upon in a
restrictive sense as it has brought a change in the teaching of law students, training
of advocates to hone professional skills to meet the challenges put down by the
globalisation and universalization of law. The increase in the high standards norms of
the firms or legal industry requires lawyers capable of handling high profile cases
which normally includes merger & acquisition, project finance, securities, and initial
public offering that are demanded by the foreign and domestic firms establishing in
India.

A new age in international business has begun as a result of technological, political,

and economic globalization, since countries are now more actively involved and
have better access to their own domestic economies. Legal services have
undergone a mini-revolution over the last decade, with corporate legal exerting the
most substantial effect. It was all but unheard of in the 1980s and 1990s to talk about
things like project financing or intellectual property or environmental protection or
competition or corporate taxes or infrastructure contracts or corporate governance or
investment legislation. Additionally, there were just a handful of law firms that could
do the task. While the concept of globalization is not a new one, the Internet's rapid
expansion, legal process automation, data security advancements, and new
technological solutions are giving it new life in the legal services industry. In the legal
services market, it is clear that there is a high need for expert services.

Political globalization, economic globalization, and technical globalization are the

three main drivers of globalization. A new system of global governance and a new
global civil society have been created as a result of globalization. It has become
increasingly difficult and time-consuming to practice law as a result of globalization.
Lawyers with the necessary legal training and expertise may now move throughout
the world more easily because to globalization. Offshore legal firms are becoming
more common in major financial centers throughout the world. Legal professionals in
India can practice in their own country's law firms, as well as in arbitration or
non-litigation work. When it comes to employment opportunities, young attorneys
may take advantage of joint law ventures and law alliances, which allow them to get
access to a wide range of advantages from both on- and offshore legal practices.
They're swarming to these businesses. Because of advances in technology and
innovative methods of office administration, legal firms now operate considerably
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more efficiently. India is working to open up its legal services market, which would
have a good effect on the country's judiciary.

What Is Globalization?

International commerce in goods and services as well as cross-border investment in

technology, people and information movements are all examples of "globalization,"
which refers to the increasing interconnectedness of global economies and cultures.
In order to facilitate these exchanges, governments have built economic alliances
over an extensive period of time. The far-reaching effects of globalization are
complex and politically problematic.. Many technical advances, such as the rise of
globalization, have both positive and negative effects on society. Solving challenges
while maintaining higher payoffs can be made possible by an understanding of the
relative costs and benefits, it involves the formation of new social, financial, and
geographic networks and interests. The goal of globalization is to develop
connections so that the actions in India may be inferred from the activities in other
countries.

Globalization on the Justice System

As a result of globalization, the distribution of justice has been impacted. Information

on global legal changes, such as the evolution of legislation or concepts related to
human rights or intellectual property or competition or media, is disseminated.
Through globalization, the economy of nations is intertwined without regard to
physical or jurisdictional boundaries. As a result of the Economic Liberalization,
India's market is now open to competition from both within and beyond the nation. As
a result, robust law was required to ensure that business disputes could be resolved
fairly, leading to the passage of the Competition Act, 2002. Established to enforce
the requirements of India's competition law, the Competition Commission of India
functions as a quasi-judicial authority
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Global Changes in the Legal Profession

Clinging to the past does not make sense. The teaching of legal ethics must be given
more attention in law schools. It's not just a few lectures at the conclusion of a law
course that teach you about professional statutes, etiquette, bookkeeping, and trust
account regulations. When it comes to teaching the law, it's important to think about
ethical dilemmas that may arise in the course of a legal career. Ethical dilemmas and
professional responsibilities confronting students when they enter the legal
profession will be addressed in this manner by law schools. Even though law
professors are taught to include layering and the behavior of the legal profession,
they cannot avoid teaching ethics. Through the use of instances and hypotheticals,
students learn about legal concepts. To paraphrase Professor Ross Cranston, it is
the obligation of all law professors to educate the ethical foundations of legal
practice, not only the technical regulations. Ethical concerns that practitioners
encounter must be resolved and students exposed to larger issues like the unmet
need for legal services in order to educate them.

Legal profession in India

India has been putting efforts in maintaining the legal sector services in India, to
allow foreign lawyers and firms to locate in India. Few Indian firms have been
locating their firms’ branches in other countries like the US and UK. This is beneficial
as the lawyers will have a wider scope and coverage to the different aspects of the
law arena and would be able to practice outside the country. Further, the lawyers
need to have original and path-breaking legal research skills to accommodate the
need of meeting the challenges in a manner responsive to the country’s goals and
aims of the constitution. India as a country striving for development and lawyers will
play a vital role in these situations.

Over the years lawyers are expected to provide services to the consumers in the
legal sector and hold that lawyers are accountable for the issues caused to the
consumers. In the case of Srinath V. Union of India (AIR 1996 MAD 427), the Madras
high court held in the views regarding Section 3 of the Consumer Protection Act,
1986. It was held that the Consumer redressal forum will have jurisdiction to deal
with claims of advocates. Section 2(U) of the Compensation Act, 2002 explains
service along with the lines of the Consumer Protection Act, 1986. Therefore it can
be concluded that the trade-related laws are the matter of the subject where
consumerism and market forces should be given enough concern.
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Changing nature of legal profession

Globalization has brought a huge change in international trade with an increased

number of engagements from different countries and their participation and more
access to domestic services. India has seen a drastic change in the legal sector
services and a lot has changed. The corporate law arena activities in project
financing, intellectual property protection, competition law, etc., were almost
unknown in the 90s. Back then the number of lawyers working in such a field was
limited. But due to globalization, a revolution has emerged and the need for
professionals in the aforesaid field has increased.

The money earned by lawyers today is effectively more than before but the workload
is also huge. Today’s law students are trained and taught in a way to meet the
requirements of this fast-paced environment, where effective work and proficiency in
one’s field is given utmost importance, which is the basic requirements.

Difficulty faced by Indian legal education system due to

Globalization

● Inadequate Infrastructure: Having a strong well-structured infrastructure plays

a requisite role in framing the legal education of a student. In comparison with
international law universities, India’s universities are far behind. Good
infrastructure helps in shaping the overall life of a student and providing
thorough knowledge into the insights of legal education. Ample resources to
the faculty as well as to the students play a crucial role in moulding the
development of skills. The global legal practitioners and lawyers have put up a
high standard in the legal education system. India is still lacking behind in
providing enough resources to broaden the scope of the law and
accommodate with the ability to level with the aforesaid global lawyers who
have been working and studying under the umbrella of learned law experts
and well-infrastructured universities. In India, many law universities are unable
to fulfil the minimum required infra and specialised law faculty because of
insufficient funds.

● Foreign direct investments in education systems: Globalization has brought a

whole lot of revolution in society, polity, and professionalism which leads to the
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era of transformation. Legal education in India has taken a dramatic turn in
the last 30 years due to the globalization of trade and business. FDI is
enabled in the Indian law education system at the rate of 100% by the
automatic route. FDI has provided an edge to the Indian legal system to rise
above their standards as well as a challenge giving element. To keep up with
the leading globalization, developing nations like India, have concentrated
more on establishing a global curriculum and standardised legal education for
qualitative legal education. FDI has created a sense of cut-throat competition
among the institution. Therefore, Indian law schools are not only centralizing
in the studies on Indian laws but majorly in teaching and research in
international laws. Law students are taking an active part in
national-international moot courts, conferences, and webinars. The faculty are
also expected to impart knowledge that can expand the legal minds of
students.

● Global programs and international experiences: Indian universities need to get

indulge in broadening their international connections by instituting programs
like student exchange programs in foreign countries as well as offer education
that can stand equivalent to the standards and norms of international
universities.

● Continuous legal approach and research-based education: Theoretical

knowledge is something which any school can provide but be in a law school,
having only theoretical knowledge is not enough. To be able to have an edge
over other students can only happen if one is having top-notch research skills.
Continuing legal education (CLE) plays a vital element in the industry for
professional development, good delivery of legal services and is also a
measure of the accountability of the profession. Observation and active
participation are something that dearth in the law students under the Indian
legal education system. If we observe the most common skill that the
top-most faculty possess is the ability to do better research and publication
among academics whereas in India not much emphasis is given on research
skills of a student or a faculty.
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Major issues unnerving the legal service sector

The approach of the legislator and Bar Council of India is not clear regarding the
legal sector services in India. The foreign law firms because of their better
infrastructure, better knowledge, and developed skills of legal drafting and
communication build up a huge competition against the local firms. Therefore, India
is still behind to enter the successive rounds of negotiation mandated by the WTO
(World trade organization) rules. The provisions of the Advocates Act 1961, and BCI
regulations are too rigid and section 24 of the former being an encumbrance. The
section states that a person can only be allowed to practice in India if the person has
studied law from a BCI recognized Law college and qualified under the Advocates
Act, 1961.

Subject to the provisions of the Act, a national citizen of a foreign country can only
be permitted to practice law if that person is duly qualified, to practice law in their
country. According to Section 33 of the aforesaid Act, advocates are entitled to
practice law, except as otherwise as per the Act or any other law for the time being in
force, no person shall, on or after the appointed day, be entitled to practice law
unless he is enrolled as an Advocate under the Act.

Foreign law firms have been the object of the controversy since 1955. When the
Arshurt of UK and White and Case and Chadbourne and Parke of the US, set up
their liaison offices in India and were granted to start liaison activities only and not to
practice law under the Foreign Exchange Regulation Act, 1973. In the year 1955, a
lawyer collective, public interest trust set up by the lawyers for the free legal aid
services challenges in the Bombay High court the right of foreign law to practice in
India. The main motive of moving to the court is to express that appearing before the
court is not only a job but legal drafting and advising clients is. Whereas, on the other
hand, the Central Government expressed that the Advocates Act prevented the
foreign lawyers from giving advice to the client and from practising in the court.

The government has given its protocol in India for the establishment of legal sector
service and also their contention for the foreign lawyers to practice in India and
establish law firms if they are qualified under the Advocates Act.

Recently, the Supreme court of India restricted the running of law firms and practice
in India but allowed the foreign lawyers to visit India to advise clients on a fly-in and
fly-out basis.
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Fly in and fly out does not really amount to practise and this is not really a pragmatic
approach to deal with it. This decision may deter India’s prospects towards foreign
investments and a good legal service sector is what large and sophisticated
investors would expect.

Measures taken to meet the Global challenges/opportunity by the

Indian legal system

With the emergence of multinationals in India as compared to anywhere else, India

has a lot to catch up with other countries in order to level up with other trained
lawyers. Competent lawyers are needed for the hour who would be trained in the
right legal education system. The Indian legal system should work according to
global needs as having good infrastructure and consists of various facilities such as
research-based study, revised curriculum, conferences, webinars, moot court, as
well as National/ International training programs thus our legal system faces the
challenges put up by the globalisation. Majoring in a particular subject can broaden
the legal minds yet they require to be trained by competent faculty.

This revolution by globalization needs a committed and ardent faculty who can coach
the legal minds in a way to create hardworking and skilful students in the form of
lawyers, judges, and jurists. The centre of focus should be relevantly on the
reformation of the curriculum so that it can justify the need of the legal profession.

The Supreme court of India in the case of Mahipal singh rana vs State of Uttar
Pradesh, noted the need for legal reformation and reviewed the Advocates Act
dealing with regulatory mechanisms for the legal profession. The three benched
judges had asked the Law Commission and Government of India to take appropriate
steps in this regard. Here are some proposals instated:
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● CLAT (Commission Law Admission Test): A proposal was established to
conduct an all India common entrance examination in order to give admission
to the students in the university all over India.

● Enrolment Qualifications: Under this jurisdiction, those advocates who are

disqualified on the basis of moral misconduct or corruption would not be
re-enrolled in any way to the Bar Council of India. In order to enroll in the
Supreme Court, the law entrants need to complete the following requirements:
a. Pass the All India Bar Examinations (AIBE).
b. The entrant has to complete a three-month training course from a state
bar council-affiliated training centre.
c. Have been Practiced, for at least two years, before a district or session
Judge and other subordinate courts of original jurisdiction.
d. Have been Practiced, for at least three years, before a high court and
other appellate forums.

● Law firms and foreign lawyers: The proposal was instituted to include
partnerships, limited liability partnerships (LLP), private or public limited
companies, and any other partnerships which are not actually registered but
are for practising law. The foreign lawyers should be allowed to practice on
some reciprocality.

● Examining strikes and boycotts: To keep an eye on the strikes or boycotts

done by the Advocates from Courts and proposed amendments to include a
six-year disqualification from contesting elections of any Bar Association and
Bar Council.

Impact of Globalization on Indian Lawyers

One of the greatest benefits of globalization has been the opening up of the Indian market to
cutting-edge technology from around the world. When countries throughout the world were
able to speak with one other quickly, it allowed our legal experts to interact with those in
other countries. Our renowned specialists used to interact with professionals outside India
using telephones, telegraphs, fax, pagers, etc., but today they communicate over the internet.
With this arrangement, Indian legal firms were able to collaborate with international firms on
specific instances and solo practitioners were able link and work outside of India. In addition,
young law graduates profited from this, since they were able to learn how to work on both
onshore and offshore projects with clients from all over the world from the outset of their
careers. In light of the widespread, if mistaken, belief that a career in the corporate sector
offers more room for professional advancement than a career in litigation, changes brought
about by globalization gradually altered the demographics of graduates seeking employment
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in the latter rather than the former. Because Indian courts and lawmakers are still preventing
foreign litigators from working in Indian courts in full capacity, litigation is falling behind in
the race.

Conclusion

There are so many laws that need expert advice and demand legal knowledge in the
society which can only be filled when there is a lawyer who has the proficiency to do
the required. We not only need lawyers, judges, or jurists, we want them to be
enriched with good knowledge and expertise that serves the revolution by
Globalization.

The challenges created through Globalization can only be resolved if our legal
education system chooses to have a multi-purposive and multidisciplinary approach.

A good lawyer studies the case through all the political, societal, technological
aspects.

The only way to fix our position in this changing global legal world is to produce
hard-working, devoted, committed, skilled law professionals who are adaptive to
reformations.
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Threats." Paper presented to the 24th International Trade Law Conference,
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https://www.mondaq.com/india/management/696680/globalisation-of-legal-services-and-indi
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