What Does A Law Firm Look Like?

After deciding to pursue a personal injury lawsuit, the very first visit to a law office can be a little intimidating. However, there are several common elements that most clients can expect from a law firm – regardless of size. These elements include the layout of the offices, the structure of the staff, and similar procedures. Just remember that an injury lawyer and his or her staff will always seek to make the client comfortable and to provide the best advice possible.

Layout of the Firm

While layouts for law firms will vary, there are some common elements. A smaller law firm will have a reception area where clients can relax until their appointed time. A larger law firm may a have a lobby where a receptionist might direct clients to the appropriate office. In general, an injury lawyer will have a private office as well as access to conference rooms. Styles will vary between firms, though most still prefer the more traditional, stately look.

General Staff Structure

Staffing for law offices also tends to be fairly standard. Most will use receptionist to greet and see to the comfort of clients. Legal secretaries and paralegals support the injury lawyer in conducting research and preparing documents. The lawyer is the only one who is authorized to provide legal advice, appear as counsel, sign pleadings, and determine legal fees. A partner is part owner in the law firm, while an associate is an employee.

Consultants

In some cases, a law firm will call in a consultant or an expert to assist with a personal injury lawsuit. Consultants aid the attorneys by filling in gaps in expertise or helping out when the work load is excessive. They may educate the attorney, provide background information, prepare written statements, clarify evidence, and provide expert testimony in court. Some consultants are lawyers who have developed expertise in trying specific cases.

Size of Law Firm

Keep in mind that the size of the law firm can have a huge impact on what clients’ should expect. Larger firms tend to have more support staff such as paralegals. In such a firm, the scope of the personal injury lawsuit will determine if the case is handled by an associate or a partner. Smaller firms have less support staff, but will generally still have a legal secretary and paralegals to assist with preparation of the case. Regardless of the size, clients should expect personal attention from all members of the law firm.

Upon Your Arrival

The first visit to a law firm can be a little scary, but it need not be. Upon arriving clients are asked to wait in either a reception area or are directed to the appropriate office where they will be made comfortable by a secretary. The meeting with the injury lawyer will take place in either a private office or conference room. After listening carefully to the facts of the case, he or she will either make a decision on whether to proceed or not, or may even request additional time to conduct some research.

While many clients may be nervous about a visit to an injury lawyer, it really is not necessary. A law office will do its best to make every client comfortable and to treat them with the utmost respect. Everyone in a law firm from the receptionist to the most senior partner wants clients to know that they care about their personal injury lawsuit and will make it a personal mission to help them.

Starting a Law Firm – Local Counsel Work

When considering starting your own law firm, one often overlooked source of business for your fledgling business is local counsel work.

When I began my career as an attorney at a medium sized firm, I had an idea of what I would be working on. For instance, areas such as corporate law, family law, criminal law, estate law, real estate law, are all examples of practices areas that I, like all lawyers, am familiar with because those courses are taught in probably every law school in the United States. So, if you join a law firm in the private practice arena, you will probably work as a lawyer in one or more of these areas.

For example, the typical way to practice law is to have a client ask you to help them with their legal problem. A person or entity will come to you and hire you to help them with their business, family, or personal legal dilemma. That is the most common way to work as a lawyer.

However, one surprise that many lawyers find when they start practicing out of law school is that other lawyers and firms often hire attorneys outside their firm to be their lawyer for a local hearing. This concept is called local counsel.

There are two standard forms of local counsel work:

(1) a firm in the jurisdiction you work in, but which is a long ways away (like in a different city) hires you; or

(2) a firm outside of your jurisdiction and typically in another state hires you.

In these two situations, attorneys and/or law firms will hire out a lawyer to handle hearings in the courthouse or county where the original firm has filed its case. Hiring and outside attorney enables the hiring law firm to have an attorney present in a court-house that is far-far away from the hiring firm’s office. It would be much too expensive to have a $300.00-an-hour attorney drive from a far away city to attend a minor foreclosure hearing. So, the law firm that originated the lawsuit will often hire an attorney at a lower dollar amount to handle a simple hearing.

Examples of legal areas in which local counsel work is needed are: foreclosures, bankruptcy, and debt collection. Often the hired attorney will appear at a minor hearing, such as a status conference, and file an attorney appearance with the court. The attorney will inform the court that he or she has been hired only for the purpose of the local counsel work. A judge will often understand that the law firm who hired the local attorney will handle the actual procedural filing. However, the local counsel attorney will handle the minor matter before him or her. One thing to keep in mind is that the hired lawyer still owes a duty to both the court and his client to be diligent and prepared when he or she accepts the case – no matter how minor it is.

Why is local counsel work important for starting your own firm? In the foremost, it is usually relatively simple and it is a very effective way to generate cash flow for your firm. Without cash flow, your law firm will die.

Another great thing about local counsel work is that it helps the courts function efficiently. If an attorney can show up at minor hearing and guide the legal process along, the court can worry more about other, more important, cases on its docket.

In sum, local counsel work is an often unknown and overlooked aspect of starting and building a law practice. Attorneys who have been practicing for any amount of time often know about local counsel work. However, a person coming out of law school likely has never heard of it. If a person decides to start their own firm out of law school, they will not want to miss this great source of revenue-generating work.

Furthermore, another reason to do local counsel work is that lawyers tend not to stiff other lawyers. In other words, when you are hired, you know you are going to get paid. That may sound simple, but when you are staring out and trying to survive, getting paid for the work you do is of the utmost importance. Heck, it may be the only important thing to know when you are starting your own firm.

When considering starting a law firm, and whether your niche area is family law, criminal law, corporate law, or some other area of law, you need to remember local counsel work and focus some of your firm marketing towards this area. It is not always the most lucrative work, but, if you can get it, it is steady, it generates immediate cash flow, and it get your new law firm humming.

Doing Well by Doing Good: Law Firm Social Responsibility

Corporations increasingly subscribe to the principle of corporate social responsibility. CSR is based on the belief that a demonstration of concern for the environment, human rights, community development and the welfare of their employees can make a corporation more profitable. And if not more profitable, at least a better place to work.

Law firms can learn from corporate experience to create their own social responsibility programs. Such programs can help law firms to do well by doing good. They can strengthen the firm’s reputation and market position. They can help the firm identify with the culture and CSR activities of clients and potential clients. They can help lawyers and staff find more meaning in their work and improve as human beings.

In the words of the social responsibility Karma Committee at Brownstein Hyatt Farber Schreck: Be kind. Be generous. Be concerned. Donate time. Donate effort. Donate money. Just find a cause and give. You’ll quickly discover giving is also receiving.

A panel discussion about how law firms can learn about CSR and introduce some of its elements into their own models was sponsored by the Rocky Mountain Chapter of the Legal Marketing Association. The program was held May 8 at Maggiano’s Little Italy in downtown Denver.

Panelists included Sarah Hogan, vice president of Barefoot PR; Bruce DeBoskey, lawyer and founder of The DeBoskey Group, which focuses on philanthropic advising; Joyce Witte, Community Investment Advisor and director of the Encana Cares Foundation, Encana Oil & Gas (USA); and Amy Venturi, director of community relations & karma at Brownstein. Moderator was Cori Plotkin, president of Barefoot PR.

At law firms, the product is the people – the lawyers and support staff who provide high quality legal services. It is an easy fit. There are many ways that this ‘product’ can contribute time, talent and treasure to socially responsible activities.

Social responsibility: Focus and strategy

Law firm social responsibility is all about making a difference within the community and the profession, and within a firm. Even the best efforts will make no impact if spread too thin. You cannot maximize the value of your contributions or tell your story if your efforts are too diluted. To decide how to most effectively invest its resources, a law firm needs a social responsibility focus and a strategy.

Social responsibility efforts must be authentic. Law firms and other entities should always avoid ‘green-washing’ – telling a story that is aspirational, but not really true. Know yourself. Let your firm’s unique culture and skills determine which efforts to pursue and which to avoid.

When examining your culture, don’t limit yourself to partner input. Law firms are small communities, almost like families. Any effort to define culture and social responsibility should represent not only the interests of lawyers, but the interests of all levels of support staff. Efforts must be meaningful throughout the firm. The benefits to employee recruitment, retention and satisfaction can be remarkable.

DeBoskey outlined three types of community involvement and stated his belief that a good social responsibility plan includes elements of all three.

In a traditional model, an organization ‘gives back’ randomly to the community when asked – as a good citizen, rather than for any strategic purposes. In a social responsibility model, these efforts align with the capabilities of the business – like the legal skills of lawyers. Every non-profit needs legal advice.

At it’s most sophisticated, a social responsibility program involves using your core product – legal services – as a tool for social change. Volunteer with organizations like the Institute for the Advancement of the American Legal System at the University of Denver, or the Rocky Mountain Children’s Law Center.

A strong focus makes it much easier to make decisions. Encana, for example, focuses its charitable giving strategy on issues surrounding its product — natural gas. Brownstein will donate money only if the request comes from a client, or if one of their attorneys is a member of the organization and on the board.

Law firms looking for additional advice can find valuable resources within the Corporate Community Investment Network. CCIN is an association for professionals whose primary responsibility is to manage community investment programs in a for-profit business setting.

Many corporations and a few law firms have actually created separate foundations to mange some of their giving. A foundation comes with more restrictions and different tax methods. As entities with a life of their own, however, foundations are more likely than one-off efforts to continue a useful existence.

Social responsibility: Good policies make good decisions

Strategy and focus provide the foundation for an effective social responsibility policy. Most law firms are inundated with requests from good causes asking for their support. A policy helps you know when to say “yes” to and when to say “no.”

In the law firm model, where all partners are owners with a sense of entitlement to resources, it can be very difficult to say no. A keenly focused policy makes it much easier to do so and keep the firm’s efforts on track.

Encana, for example, uses a five-step tool to determine the level of fit between a request and the company’s strategic goals in the field of natural gas – with level five being the largest commitment and level one the lowest.

Level five efforts integrate core product or service and often involve natural gas vehicles and energy efficiency initiatives using natural gas. These efforts contribute to best practices and leading trends in the industry, while enhancing the company’s reputation as a leader.

Level four efforts focus on strategic partnerships and often involve sustainable and long-term solutions like workforce development initiatives, signature programs (which can be repeated in other markets) and multi-year grants.

Level three efforts include strategic grants to assist with projects, programs or initiatives made to local non-profits aligned with natural gas.

Level two efforts include responsive giving, which is a one-time gift for a broad community effort that has local support. Participation of company representatives is required.

Level one efforts include the “t-shirt and banner” category, which contains one-day items like dinners, receptions, golf tournaments, events and races. These offer the least impact and awareness for the money, and therefore the least support.

At Brownstein, requests made to the firm are judged by two factors. The firm considers only requests made by clients and requests made by organizations where one of its attorneys participates at the board level.

Social responsibility: Engagement

Effective social responsibility programs involve not only checkbook involvement, but personal and professional involvement.

At Brownstein, the brand has always been about being out in the community. Six years ago, Venturi was asked to formalize this essential component of the firm’s culture into a social responsibility program that would further energize lawyers.

She started by spending 15 minutes with each of the attorneys, to discover their passions – which were used to identify a good non-profit match. After all, lawyers and staff will stay involved and do their best only when an organization is something that they care deeply about. If there is no engagement, the placement will backfire.

Finally, Venturi offers the lawyer’s services to the non-profit in some capacity – but it must be at the board level. Otherwise, she won’t make the match.

Project Karma is a Brownstein program dedicated to volunteer opportunities, and maintains a committee in each of the firm’s 12 offices. It sponsors informal lunch & learn presentations by local non-profits to encourage interest.

The message about active engagement by lawyers and staff must come from the top. Brownstein makes it very clear that the path to partnership for a new attorney is based not only on legal skills, but also on engagement and involvement with the community.

It is important to add a community involvement component to lawyer reviews, even if it is only one goal a year. That lets the lawyers know that you are serious. The Colorado Supreme Court asks every lawyer in to contribute 50 hours of pro bono work each year. Integrating these programs leads to win/win results for the firm.

Not every firm can match the efforts of a large company like Encana or a large law firm like Brownstein. However, there are good matches for firms of every size. Once again, it is all a matter of focus.

In fact, it is much easier to get five members of a small firm to focus on a strategic initiative than 500 lawyers in a huge firm. If a law firm has $10,000 to donate, that money goes a lot father and has a lot more impact to one organization than do $100 donations spread across 100 organizations.

Smaller law firms can also multiply its impact by partnering with others in an industry, like vendors or clients, to support a particular non-profit.

Social responsibility: Return on investment

Corporations measure the results of their social responsibility programs, and use these results to make decisions on efforts going forward. Law firms should do the same.

At the end of the year, Encana uses its five-level model (outline above) to analyze our charitable giving. How much was given at each level? Then the company sends a form to each non-profit, asking the recipient to evaluate outcomes (statistics for what was accomplished), process (did efforts meet the intended audience) and impact (what difference did it make).

Encana asks recipients to reply within 60 days, and uses this information to calculate return on investment. Those who do not report back are not eligible for further contributions. The non-profits might gripe at first, but they seem to change their minds once they’ve been through the process – finding that it has useful strategic value.

It is entirely appropriate to ask a non-profit to document the results they’ve achieved based on your contribution. It lets them know that you are truly invested in the organization. They will see you more as partners and engage you differently.

Most corporations have created and benefited from well-thought-through and strategic social responsibility programs. Law firms are starting to do the same. A program with tight focus and strict guidelines guarantees maximum impact and awareness in exchange for a law firm’s commitment of time, talent and treasure.

How to Become a Partner in a Law Firm

Becoming a partner in a law firm is an objective for most lawyers. Partnership entails successfully running the law firm and meeting the expectations of your partners and clients. Lawyers who want to make partnership have to dedicate several years to building good reputation inside and outside their law firms. This usually requires consistently performing good work, earning the respect and admiration of the junior lawyers, the partners and clients they work for. It also requires staying active in their local bar associations and publishing articles on related legal issues.

Lawyers frequently think that being a good lawyer will be sufficient to qualify them for partnership appointment. Being a good litigator is certainly a big part of the criteria for partnership in a law firm. However, there are usually numerous other factors that are taken into consideration for eligibility for legal partnership.

Why is it important to become a partner in a law firm?

As a beginner in the legal world, a lawyer needs to work as a trainee in a law firm for a few years. To succeed as a lawyer, you need to have a clear understanding of the law and get to know the inner workings to help you win cases. Once you have gained enough experience and earned a reputation for winning cases, your chances of becoming a partner is close to reality.

Being a partner has lots of benefits. One of these is become a part owner of the firm and acquiring a share of the profits. A law firm partner also has a right to vote on decisions made by the firm which will include voting on how profits are distributed, making decisions involving the appointment of future partners and deciding the types of clients to represent.

How can a lawyer work up to become a law firm partner?

Being a partner starts with having a common goal and a vision of how you are going to become a part of a law firm and reach the important milestones in your legal career.

Here are tips to successfully become a law firm partner;

Number One
Work the hours: More hours are better.

Number Two:
Bring in new clients: Working hard is a given but a lawyer must also bring new business to the law firm.

Number Three
Be proactive: Anticipate and plan for the future before it transpires. These efforts will please partners and clients.

Number Four
Be result-oriented: Strive to deliver results quickly.

Number Five
Be a team player: The best lawyers are team players who take a personal interest in the firm’s success.

Number Six
Respect firm employees: Treat every staff member the same way you treat your boss.

Number Seven
Practice consistency: Success results from exercising good habits every day. Do not delay and be prompt when responding to any legal concerns.

Number Eight
Accurate time sheet filling: Filling your time sheet truthfully and on-schedule is the best of establishing credibility.

Number Nine
Create work-life balance: The legal profession can be demanding. Therefore, it is very important that you ensure you maintain work-life balance focusing on your family and your health.

Living the life of a professional litigator is challenging. Therefore, having the drive to succeed is not enough. You must also be smart and to prepare yourself for partnership. Those actions will exemplify your true desire for success in the legal profession.

Advent of Foreign Law Firms in India

The opening of a legal firm by a Nigerian in Delhi has not only lawyers up in arms against the unauthorized practice but has also revived the decade-and-a-half-old debate over the more important question – should foreign lawyers be allowed entry into India?

It is often asserted that India has the potential to become one of the world’s great legal centers in the 21st century, alongside London and New York. It has innate advantages in its common law traditions and English language capability. But until very recently India had not recognized the role that advisory legal services have to play in attracting foreign investment and developing a broader-based services economy.

India being a signatory to the General Agreement on Trade in Services (GATS) which is an organ of the World Trade Organization (WTO) is under an obligation to open up the service sector to Member Nations.

“Services” would include any service in any sector except services supplied in the exercise of governmental authorities as defined in GATS. “A service supplied in the exercise of governmental authorities” is also defined to mean any service that is supplied neither on a commercial basis nor in competition with one or more service suppliers.

Legal profession is also taken to be one of the services which is included in GATS. With the liberalization and globalization policy followed in India, multinationals and foreign corporations are increasingly entering India. Foreign financial institutions and business concerns are also entering India in a fairly large number. Their business transactions in India are obviously governed by the Indian law and the foreign law firms (FLF’s) and foreign legal consultants (FLC’s) being not fully conversant with the Indian legislation require the assistance of lawyers enrolled and practicing in India. This has led to the idea of entry of foreign legal consultants and liberalization of legal practices in India in keeping with the guidelines evolved by the International Bar Association (IBA) and the GATS. If this idea is to be put into practice, the Advocates Act, 1961 which governs legal practice in India needs to be amended.

Legal “practice” is not defined in the Advocates Act but a reading of Sections 30 and 33 indicates that practice is limited to appearance before any court, tribunal or authority. It does not include legal advice, documentation, alternative methods of resolving disputes and such other services. Section 24 (i)(a) of the Act provides that a person shall be qualified to be admitted as an Advocate on the State Roll if he is a citizen of India provided that subject to this Act a national of any other country may be admitted as an Advocate on the State Roll if the citizens of India duly qualified are permitted to practice law in that other country.

Section 47 of the Act provides that where a country specified by the Central Govt. in this behalf by a notification in the Official Gazette prevents the citizens of India from practicing the profession of law subjects them to unfair discrimination in that country, no subject of any such country shall be entitled to practice that profession of law in India.

The basic principles set out by IBA on the question of validity of FLC’s are fairness, uniform and non-discriminatory treatment, clarity and transparency, professional responsibility, reality and flexibility. The guidelines laid down by the IBA are as follows:

“Legal consultant means a person qualified to practice law in a country (home country) and who desires to be licensed to practice law as a legal consultant without being examined by a body or an authority to regulate the legal profession in a country (host country) other than a home country, such a person has to apply to the host authority for a license by following the procedure for obtaining a license subject to the reasonable conditions imposed by the host authority on the issue of licenses. This license requires renewal. A legal consultant has to submit an undertaking alongwith his application not to accept, hold, transfer, deal with a client found or assigned unless the legal consultant does so in a manner authorized by the host authority to agree and abide by the code of ethics applicable to host jurisdiction besides to abide by all the rules and regulations of both the home and host jurisdiction.

It is open to the host authority to impose the requirement of reciprocity and to impose reasonable restrictions on the practice of FLC’s in the host country, that the FLC’s may not appear as an attorney or plead in any court or tribunal in the host country and the FLC’s may not prepare any documents or instruments whose preparation or performance of other services, is specifically reserved by the host authority for performance by its local members.

Many experts have given their views on entry of FLF’s and FLC’s in India pursuant to GATS. They are not opposed to the idea but it is suggested by them that some restrictions, adequate safeguards and qualifications should be provided for besides reciprocity.

The restrictions, if any, will have to be reasonable. Obtaining Indian law degree and practicing Indian law for a period to be stipulated for entry may be the only reasonable restrictions. Canadian model of University training, examination and articleship administered through a joint committee accreditation may be a viable solution. To follow the principle of non-discrimination, it may not be possible to impose any onerous restriction limiting the clientele, the nature of legal work, the fees to be marked, the form of fees (Rupees or foreign currency) etc. So far as reciprocity is concerned level playing field and uniform code of conduct will have to be worked out. Many western nations allow their lawyers to advertise whereas in India the lawyers are not allowed to do so. In California the FLF’s were only permitted to deal in laws not specific to California. Even in countries like Singapore, Hong-Kong and Japan the FLC’s are restricted to servicing only foreign firms. The treatment meted out to FLC’s and FLF’s in other countries and the rules, regulations made to govern their practice in the foreign country should be thoroughly scrutinized before allowing the entry in India.

Even if reciprocity were allowed, no Indian firm would go abroad to conduct legal business not because it has no talent, competency or efficiency but economically it would not be a viable proposition. The Indian lawyers have no resources to set up an establishment in a foreign country nor will the Indian Government render any assistance to them to promote their business in a foreign country. Even the large population of non-resident Indians would not desire to patronize the Indian lawyers even though they may be experts in their own field because the resident lawyers having full knowledge of the law of the country would be available to them at reasonable price because for the legal experts from India apart from the fees charged for the legal consultancy/service they may have to spend on their traveling expense also. The legal service by calling Indian experts would be very expensive for the non-resident Indians and they may not get full effective service since the Indian legal consultants may not be very conversant with the laws applicable there. It is only if any Indian party is concerned in a dispute and the question relates also to Indian law that Indian legal Consultant would be invited to a foreign country and not otherwise. Such occasions will be rare. The picture is different in case of foreign firms who do business across national borders, due to globalization. They demand foreign lawyers since they like to rely on the services of professionals in their own country who are already familiar with the firm’s business. If the foreign firms carrying on business in India require advice here on home country law, that can be made available to them by the Indian law firms or the Indian legal consultants. They can also prepare the legal documentation or provide the advisory service for corporate restructuring, mergers, acquisitions, intellectual property rights or financial instruments required by the foreign firms. These aspects will have to be seriously considered while considering the principle of reciprocity. Reciprocity should therefore be clearly defined and must be effective. It should be ensured that the rules and/or regulations laid down should be strictly complied with otherwise as is the experience, the rules remain on paper and what is practiced is totally different. The authorities either do not pay any heed to the violations or they overlook or ignore it as in the case of the Foreign law firms in India in the Enron deal, the permissions for such law firms to set up liaison offices came from the RBI which reports directly to the Finance Ministry. When these law firms violated the very conditions of being liaison offices the RBI overlooked or ignored it.

Some are of the view that instead of being perceived as a threat to lawyers, this should be seen as a move to raising standards within the profession but with reciprocal arrangements. The legal profession as it was practiced years before by the legal stalwarts did have a very high standard. However, today that standard of profession is nowhere to be seen or experienced. Legal profession has also become totally commercialized with no human or moral values. The standard has gone down considerably. However, the fees charged have tremendously increased, disproportionately to the service rendered to the clients. No effort is being made in any corner to set the wrong or malpractices which have crept in in the legal profession. On this background, what would be the “raised standards”? If at all the standards are raised, would the entire class of legal practitioners in India benefit or will it be only a small section of the legal practitioners who would be able to take advantage of the new situation? In that case, can this move be said to be in the interest of the legal practitioners? The situation so far as the FLC’s are concerned would be completely different since all the FLC’s who aspire to come to India will get equal treatment whereas the Indian legal practitioners would be deprived of equality in profession. Besides the FLC’s will have foreign clients and even though they are allowed to practice in India with a reasonable restriction of obtaining law degree in India, for some time definitely they will need Indian lawyers to get their work done. With the resources at their end and with the higher exchange rate in currency, they will be able to hire and retain young lawyers with substantial pay packages, though as compared to their fees in their country it would be much lower, with the result that good reputed Attorney’s/Solicitor’s Firms in India would lose their good hands and their work may suffer. Law Firms in U.S.A have funds equal to the annual budget of the State of Maharashtra. With such resources, in a short time, such FLF’s would do away with the existing law firms in India. On this background would our law firms withstand the competition and the quality of service, is an important question to be examined.

The U.S and some other advanced countries have large law firms operating on International scales which are primarily business organizations designed to promote commercial interest of their giant client corporations. The size, power, influence and economical standards of these large international law firms would definitely affect the legal system of our country adversely. We cannot match howsoever far we may stretch it, their size, power and most importantly economical standard. There is a limitation here on the number of partners in an Attorney’s/Solicitor’s firm. The number is restricted to 20 under the Partnership Act, which restriction is non-existent in a foreign law firm. To bring uniformity this limitation will have to be removed allowing for more partners, increasing of funding and manpower.

Moreover the FLF’s have “single window services” meaning services which not only include legal but also accountancy, management, financial and other advice to their clients. The multidisciplinary partnerships will cater to the needs of the clients in the above-mentioned different fields. Such partnerships may endanger the ethics of the legal profession as confidential information may be passed out within the partnership to the non-lawyer professionals. This would prejudicially affect not only the clients but also the lawyers since the independence of the lawyers would be compromised. Once the FLF’s and FLC’s are allowed entry into India the Bar Council of India will have to make rules and regulations also for such multidisciplinary partnerships or single window services. The multidisciplinary partnerships may look attractive but the crucial question is whether the quality of services and accountability of systems can be maintained? The code of ethics needs review to bring international legal practice under its purview.

The Foreign law firms may seek license for full and regular legal practice like that of Indian lawyers or they may come for a limited practice of consultancy for foreign partners on home country laws. Accordingly the rules and regulations will have to be framed to meet both these situations. The FLF’s who intend to come for regular legal practice may have to be subjected to immigration and citizenship laws. Those who seek limited practice may enter into partnerships with the home country law firms without any scrutiny from the organized legal profession. It is therefore necessary that a transparent, fair and accountable system be evolved to regulate and control the internationalization of legal practice.

With the globalization and liberalization policy not only foreign businessmen have come to India for investment but even the foreign goods and products such as agricultural products and other goods have entered the Indian market. The Indian goods and products have to face a tough competition with these foreign products which are cheaper though may not be better in quality. The result is that the Indian agriculturists and merchants are seriously prejudiced in their business. We also have the example of Enron which was in news where the Indian law was modified without probably realizing the adverse effect it would have on the electrical companies in the State. The agreements signed with Enron do not appear to be in the interest of the State or the Nation. However, such matters are thought of only later and not when the actual action is taken. With the present experience, it is felt that we should not be carried away with the idea of raising our standards or of being on par with the other developed countries where the guideline of reciprocity may be followed and the FLC’s and FLF’s would be allowed to enter the country. We have to be very alert and watchful and think well in advance to do away with any lacunas or loopholes in the rules and regulations that may be introduced to safeguard the interest of the lawyers in our country.
One more point which may need consideration is about the countries who would be interested in India. Would these countries be the members of the World Trade Organization or would even the non-member countries be allowed to enter India? If the entry is restricted to only the members of the WTO and if any non-member country desires to enter India, would the entry be denied merely on the ground that it is not the member of the WTO or whether the non-member would be allowed entry to show our fairness and equality of treatment? Thus many countries may be interested in coming to India due to the liberalization; globalization and privatization policy followed in India but the chances of the Indian firms going out of India to enter any foreign country would be remote. The principle of reciprocity may be introduced on paper but may not be effectively followed.

It may be mentioned here that the “Lawyer’s Collective” has filed a public interest litigation before the Mumbai High Court questioning the phrase “practice the profession of law” under section 29 of the Advocates Act. The respondents in their petition include some of the FLF’s which had set up their own liaison offices in India. It is needless to point out that all the above points may be discussed and examined in the above petition, the result of which is awaited.

The Indian legal profession has, in recent years, undergone a significant change, emerging as highly competitive and ready to move along with the ongoing wave of globalization. The interest of foreign law firms to open shop in India therefore is hardly surprising, since India offers a full range of legal services, of comparable quality, at literally a fraction of the price that would otherwise have to be paid. The rather conservative and if one may use the word, “protectionist” stand of the Bar Council of India on the matter has, however, prohibited foreign law firms from operating in India. A number of the more established ones, perhaps unable to resist the immense potential of the Indian legal markets, and in anticipation of the “globalization of legal services” under the aegis of the WTO, are slowly (and quite discreetly) establishing their presence in India, this in a considerable number of cases taking the form of their entering into associations with Indian firms, and in the process, literally operating in India indirectly, despite the prohibitions against the same. An issue that has therefore started to attract the attention of not simply Indian lawyers, but also law school grads, is the likely consequences of the entry of foreign firms in India. Shall this help an already growing Indian legal market, or shall it only mean a job loss for Indian law grads?

The fact remains that India is in the process of globalizing its economy. In the process, the legal market opening up to competition from the international legal market is rather inevitable. Instead of deliberating about the advantages and disadvantages of the legal markets being opened up to foreign firms, it is perhaps more sensible to accept that the entry of foreign firms in India is only a matter of time. However, this should not mean that their operations should nor be regulated, since otherwise they may just push out the Indian firms. For law school grads, their presence in India could well translate into an increasing range of job opportunities, apart from their presence in India significantly influencing the way in which the Indian legal market evolves in the 21st century.