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Globalization must not be viewed from the restrictive sense as it connotes the process of making global, being present worldwide. It has brought to the force universalisation of diverse issue of commerce, production, consumption, trade and information technology. The increasing interdependence of the countries of world and integration of domestic economies with the world economy has its effect on each and every sector of the developed and developing countries alike.
can also be seen from different perspective as the growing
interdependence and intensively of interaction among nations and
about the Nation State coming under pressure, from transnational
phenomenon and so on .
The Present paper attempts to analyze the impact of globalization on legal profession in India.
Profession in India
of Globalized Legal Services
provided to the public in the exercise of governmental authorities
for trade in services through four different modes which are
defined in paragraph 2 of Article I.
The GATS schedules refer to each of these modes and all commitments are made accordingly.
classification & Legal Services
India has made only specific commitments in relating to engineering services.
India has made no commitments in the legal services sector at present. This may be contrasted with commitments mode by 44 countries in the legal service sector even same developing countries have made commitments. Such commitments are beneficial to all i.e. to countries and to consumers. As these commitments will bring Trade in the legal services which will play crucial role benefiting consumers countrywide.
Legal Services : Benefits to Consumers
services available to consumers of India are only domestic legal
service providers. Corporate legal activities are recent
phenomenon in India and solution of some complicated legal issues
can only be granted by professional International Law firms hence
allowing them shall be beneficial for satisfaction of consumers in
India Many countries across the globe resort to Legal Process
Outsourcing (LPO) and gain best of the legal services and
solutions at competitive prices. Existing regulations deprive
consumers to derive benefit, which ultimately effects development
1. In India there is an absolute bar on advocates advertising and soliciting for any purpose and indicating area of specialization . Restrictions on advertising by lawyers in India have resulted in a situation where consumers can not make an informed choice from the competitive market since the information relating to service is not available to them. Moreover restrictions on professional firms on the informing potential users on range of their services and potential causes further injury to the competition
2. The Bar
Council of India Rules, 1975 in chapter III Rule I, prohibits
advocates from entering into partnership or any other arrangement
for sharing remuneration with any person or legal practitioner who
is not an advocate. Lawyers cannot enter in co-operation with
non-lawyers. Prima facie there seems to be no pro competitive
justification for such a regulation. Such a measure as hampered
the delivery of services to the consumer and anticompetitive . The
absolute bar has been lifted to some extent with the institute of
Chartered Accountants permitting tie-ups between lawyers and
5. The Requirement that Advocates enter into partnerships only with other Advocates has the effect of prohibiting partnerships with foreign firms. The effect to the provision is that partnerships can not be entered into between Indian Lawyers and those of other countries. These restrictions on incorporation and size of partnerships, prohibition on entering into partnership with foreign firm and lawyers; has limited the size and growth of the profession as well as professionals and prevent them from being globally competitive.
6. The Lack of restrictions on partnerships across the world has given rise to firms with a member of partners. Big law firms having wide controlling, regulating and functioning power nationally and internationally. In sharp construct Indian firms are small and incapable of associating with legal experts firms other countries. This way Indian law firms are at disadvantage to law firms to U.S. and E. U .
professional regulations are in all likely hood protecting the
weak producers of professional services at the cost of information
being made available to consumers opening up to legal service
sector to foreign law firms and its interaction with growing arena
of international trade shall be beneficial for development of the
sector. The existing state of decay that the justice delivery
system of country finds itself in is to a certain extent
attributable to the overprotected legal regime that they have been
provided with and some of the members have adopted a “Casual
approach” to the practice of law .
The Raghavan Committee has summed up the effect of the existing regulatory system in professional services. The legislative restrictions in terms of law and self regulation have the combined effect of denying opportunities and growth of professional firms, restricting their desire and ability to compete globally, Preventing the country from obtaining advantage of India’s considerable expertise and precluding consumers from opportunity on free and informed choice.
today or tomorrow we have to open up out legal service, but if
should not seen as a threat but an opportunity to complete in more
& more countries. As soon as Indian perspective in concerned,
already Indian legal service section is hugely crowded, will
opening up of legal service in India will only overhead if it’s
bring word class service job all needs to be
The author can be reached at: firstname.lastname@example.org /
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ISBN No: 978-81-928510-0-6