Centre planning limited India entry for foreign law firms: Unnamed gov't source

An unnamed “government official” told the Hindu Businessline that the commerce ministry was putting “finishing touches” to a proposal to liberalise transactional legal services and international arbitration.

“The idea was discussed in detail at the 12 November National Services Conclave,” said the official, with the Hindu Businessline reporting that the commerce ministry would discuss the plans with the law ministry, hold inter ministerial discussions and then begin work on a cabinet note.

The proposal, which the official said would be supported by finance minister Arun Jaitley, could lead to the phased entry of foreign law firms into India if implemented, though traditionally some members of bar councils and bar associations, as well as the law firm lobby group Society of Indian Law Firms (SILF), have opposed any reform.

Legally India had reported in October that BJP spokesperson Meenakshi Lekhi had said that she wanted to extend the protections for domestic lawyers, while national party spokesperson Nalin Kohli said that the issue had not yet come up for discussion in the new government.

The liberalisation debate in India has been raging for years and includes a writ petition against foreign law firms that is currently in service limbo in the Supreme Court.

Comments

Guest 4 Dec 2014, 04:24
+21 -9
Interesting that this happens at a time when...

1. The biggest opponents of liberalisation (X Parivar) are imploding, and one of the members of the Parivar might do a volte-face and support liberalisation to compete with his rival
2. A senior Congress minister, the hatchet man of the X Parivar, is a non-entity.
3. The CPIM (which was also tapped by the X Parivar) is on the verge of extinction.
4. GDP is slowing, Modi has not enacted enough reforms and attracted FDI, and is feeling the heat.
5. India is becoming an international outcaste on the issue. India wants to be in G20 and behave like a modern country, but has a jugadu, North-Korea style policy on legal services
6. Too many NLUs, too few jobs for the young law graduates
Anon 5 Dec 2014, 05:27
+3 -4
[quote name="Guest"]Interesting that this happens at a time when...

1. The biggest opponents of liberalisation (X Parivar) are imploding, and one of the members of the Parivar might do a volte-face and support liberalisation to compete with his rival

???????????

2. A senior Congress minister, the hatchet man of the X Parivar, is a non-entity.

?????????????????????

Names please!
VIVEK VINOD DEO 9 Dec 2014, 12:01
+3 -3
Agree the legal field needs such kind of reforms to add a boost to it.
PSK 4 Dec 2014, 04:59
+13 -4
Opening up the Indian legal market will help it to mature. One of the principal benefits of liberalisation of the Indian legal market is the possible employment opportunities foriegn law firms will bring to the table. It would lead to strategic alliances with the international law firms which would lead to growth and expansion. Finally I can see some more career opportunities for Indian lawyers.
FYI 4 Dec 2014, 07:19
+5 -1
Achche din aane wale hai?
Elaichi 4 Dec 2014, 11:47
+2 -10
I hope Indian lawyers do not lose their jobs to the foreign lawyers?
Zor ka jhatka 4 Dec 2014, 12:05
+0 -0
Yawn
ABC 4 Dec 2014, 13:25
+8 -0
This is the most that the Indian government has done towards opening up the sector. previously no official action had been initiated. keeping my fingers crossed this time. let the fun begin..
HELP ME 4 Dec 2014, 15:31
+9 -4
[b]WHAT WILL HAPPEN TO A LAWYER LIKE ME?:-[/b]

[b]MY BACKGROUND:[/b] I AM AN UNEMPLOYABLE LAWYER FROM A TIER 1 LAW SCHOOL LIVING ON PITY-CRUMBS (ASSIGNMENTS WHICH HARDLY PAY AND SOMETIMES NEVER PAY) THAT DO NOT COME BY OFTEN ENOUGH. I GOT SACKED BY A TIER 1 LAW FIRM. WHILE I KEEP GETTING SHORTLISTED IN EVERY JOB-INTERVIEW, WHICH (STRANGELY) ALWAYS ENDS ON A PROMISING NOTE, I NEVER END UP GETTING HIRED! I AM BEGINNING TO DOUBT THAT PROMISE MY FORMER EMPLOYER GAVE TO ME OF A GOOD-RECOMMENDATION. MIND YOU: I WASN'T SACKED FOR INEPTITUE, I WAS SHOWN THE DOOR FOR SPEAKING OUT OF PLACE IN AN OFFICE THAT MISLEADS ITS PEOPLE ABOUT IT NOT BEING LIKE THE REST, THE KIND THAT ENCOURAGES FRANK COMMUNICATION.

[b]MY QUESTION: [/b]IF THE FOREGN LAW FIRMS ARRIVE AND MY FORMER COLLEAGUES AND THEIR BOSSES (SUPPOSEDLY) GET DISPLACED BY FOREIGN LAWYERS, ONLY TO MOVE ON TO THIS LOUSY SPACE THAT I AM IN LIFE (LIVING ON PITY ASSIGNMENTS), WHERE WILL I GO? WHAT SHOULD I DO?

THE THOUGHT OF QUITTING LAW IS SCARY. I HAVE INVESTED OVER 10 YEARS IN THE STUDY AND PRACTICE OF THE LAW! I HAVE BEEN JOBLESS FOR WELL OVER A YEAR. NO TIER ONE FOREIGN LAW FIRM WOULD PROBABLY HIRE ME. MY CREDENTIALS SEEM IMPRESSIVE TO MANY (READ PROSPECTIVE EMPLOYERS WHO DITCHED). PLEASE HELP. IS THERE ANY WAY I CAN CATCH MY EX-BOSS IN THE ACT? I AM 99.99% SURE THAT MY EX-BOSS IS THE ROOT CAUSE FOR MY PRESENT MESS.

I AM HOWEVER DOING MY BIT. THIS TIME OUT HAS GIVEN ME TIME TO INTROSPECT, READ AND TALK TO PEOPLE. UNDERSTAND MY ISSUSES AS A PERSON. I STAY UPTO DATE ON ALL RELEVANT LEGAL-DEVELOPMENTS. I CANNOT AFFORD AN LL.M. DOING EVERY THING ELSE I CAN DO AND CAN AFFORD.
Señor Pepe 4 Dec 2014, 16:10
+24 -0
Name the firm and shame the ex-boss?
Padora-ban 4 Dec 2014, 16:47
+2 -1
Wouldn't that open a pandoras-box Señor Pepe? A good idea would probably be to do a sting operation of some kind. Yes, sting operations are the thing nowadays! Get someone to impersonate a Khaitan-HR executive on a reference-check. Oh, wait, your ex-boss would probably give a glowing-recco if that call comes from Khaitan. Presuming that your bosses vindictiveness is the root cause behind your troubles ;) The sting should be from some other firm that people actually aspire to join...

[quote name="Señor Pepe"]Name the firm and shame the ex-boss?[/quote]
Guest 4 Dec 2014, 18:43
+15 -0
Seems some partners in these self proclaimed Tire 1 law firms have no work but to keep posting comments on LI.
Haha 4 Dec 2014, 19:10
+17 -1
Good one! ... If your ex boss gives you a good recommendation for khaitan then you will have proof that he / she is really out to get you...
Señor Pepe 5 Dec 2014, 07:22
+0 -1
Why is everyone hating on Khaitan? I blame Trilegal!
Probably because.. 9 Dec 2014, 07:23
+1 -2
Probably because they have developed a really big chip on their shoulder because they work in AMSS and are getting really insecure due to recent developments and cant bear that any other place should be able to grow, develop and rise.
Wow 9 Dec 2014, 07:24
+1 -1
You are really obsessed with Khaitan ! Did you get kicked out from there ?
Tip 4 Dec 2014, 18:19
+3 -1
For starters, stop using CAPS!
Ahem 5 Dec 2014, 03:31
+1 -1
That comment cannot be reedited like a Facebook post Mr/Ms/Mrs/Dr Tip. I suppose that commenter would have to make do without your wisdom!
one suggestion 5 Dec 2014, 05:04
+6 -0
do an one year mba from IIM.

the course is expensive yes, but totally funded by State bank via edu loan without collateral.

min qualification graduation + about 7 years work ex. + really, really good gmat (mostly 10th level maths + english)

job prospects ? : yes. will it be a tier 1 law firm ? probably not.(dont think law firms hire from IIMs) but your future team would definitely be one of two things

1. people management : at least a team of 30 or more.

2. team work : where you would be a part of small team where everyone else is either an IIT or an IIM.

My source: know a guy, who has done this.

what about law ? : the work that you would get would be a combination of law + management.
Señor Pepe 5 Dec 2014, 07:21
+0 -0
This is a very good and interesting suggestion.
AnonY 6 Dec 2014, 14:17
+2 -3
if you know a firm that would interest such a person for firm mgmt/ business side of law( in addition to law)

Let me know señor.
Guest 8 Dec 2014, 04:18
+0 -0
Since when did people enter IIM through GMAT, isn't their qualification exam the CAT?
one suggestion 8 Dec 2014, 11:38
+0 -0
that's what I thought.

GMAT is also an option like CAT.

GMAT guys must have work ex + insanely high GMAT.
Advocate 4 Dec 2014, 15:47
+0 -34
Govt should oppose foreign law firm as they will give high salary to youngsters and spoil them. These days youngsters are becoming very demanding. They are not happy even with a salary of Rs 8,000 to 10,000 per month, which is adequate for a fresh graduate. They do not understand that knowledge itself is a reward. If foreign law firms come it will be difficult for us to retain these youngsters who will run after money. However, we will support it if there is a law saying that foreign law firms cannot pay more than Rs 15,000 per month. Also, any graduate who joins a foreign law firm will have to refund fee for law school, as it is heavily subsidised. This will make a level playing field. We will make these suggestions to the Hon'ble Minister.
Señor Pepe 4 Dec 2014, 17:01
+10 -2
Moron
hubba 5 Dec 2014, 07:12
+7 -1
Why moron?

He is very funny.
bk 4 Dec 2014, 17:53
+4 -0
do you like in chigmaglur? where is Rs 8000 sufficient to live on in india? Even clerks earn Rs 8,000 + get medical insurance from the government. And whose knowledge are you talking about ? Those who come out of bhatinda law school without attending classes and take bribes for practicing in district courts? It is because of people like you that only people who have a cushion of money from their parents can have the luxury of taking up litigation. Rs 15,000 by the way is the amount amss pays for internships to unqualified lawyers in its law firm. IF you are so angry about salary why don't you ask the honourable minister to break up amss also. moron.
hubba 5 Dec 2014, 07:14
+6 -1
This is hilarous. Why so serious?
DBS 5 Dec 2014, 07:16
+8 -0
forget a Clerk, even my Driver takes home 12k per month in a city like Mumbai !!
Cravath 4 Dec 2014, 18:36
+15 -1
It seems knowledge is a reward that you are yet to get.
PSK 5 Dec 2014, 06:02
+3 -0
Mr. Advocate: I am sorry to say that the views expressed by you are pessimistic, untenable and lack valid reasons.

You say that the “foreign law firms will give high salaries to youngsters and spoil them.”

So where is the problem? We should believe in “Grow and let others grow”. I think if foreign law firms offer higher packages to fresh law graduates, this will force the Indian law firms to offer the same package, hence ensuring level playing field. How does more money spoil people? Even poor people commit crimes to earn money. What do you have to say about that? The top tier firms in India are offering close to Rs 14 lacs per annum to freshers. They have been selected because of their hard work and determination. Do you think the large chunk of money will spoil them? And they have hardly got time to get spoiled. They are already working for 13-14 hours each day.

You say: “They are not happy even with a salary of Rs 8,000 to 10,000 per month, which is adequate for a fresh graduate.”

People are coming from different parts of India to practice law and earn reasonable good amount to satisfy their basic economical needs. Rs 8000 to Rs 10,000 package will lead them no where. Check out the rates of PG’s in Delhi. It’s Rs 10,000 per month for a decent room. At the end of the day, we work to earn and SAVE for our future.

You say: “However, we will support it if there is a law saying that foreign law firms cannot pay more than Rs 15,000 per month. Also, any graduate who joins a foreign law firm will have to refund fee for law school, as it is heavily subsidised.”

I mean seriously. You really want a law on foreign law firms not paying more than Rs 15,000 per month. What about the big companies offering Rs 1 crore package to recent IIT graduates? Check out Oracle’s and Facebook’s package to recent engineering graduates. What kind of refund fee are you talking about? If tomorrow I go (and I wish) to Harvard or Oxford for LLM, whom should I refund my college fees to? You, may be!
Samajwadi Vakeel 5 Dec 2014, 07:25
+0 -5
I fully endorse your exalted views and would also like to advise HELP ME chap at 7 above that since he is not capable of employing himself in any meaningful job, he should continue loitering in and around courts and keep on electing such great personalities as leaders of our profession! In this way, the profession in India will remain in safe hands and the senior people like us will also be spared to concentrate on our 'practice' and 'politics'!
Sadhvi Jyoti 6 Dec 2014, 01:38
+4 -0
[quote name="Advocate"]Govt should oppose foreign law firm as they will give high salary to youngsters and spoil them. These days youngsters are becoming very demanding. They are not happy even with a salary of Rs 8,000 to 10,000 per month, which is adequate for a fresh graduate. They do not understand that knowledge itself is a reward. If foreign law firms come it will be difficult for us to retain these youngsters who will run after money. However, we will support it if there is a law saying that foreign law firms cannot pay more than Rs 15,000 per month. Also, any graduate who joins a foreign law firm will have to refund fee for law school, as it is heavily subsidised. This will make a level playing field. We will make these suggestions to the Hon'ble Minister.[/quote]

Haramzaada kahin ka!
Opposed to foreign law firms 5 Dec 2014, 05:14
+2 -10
I agree with the comments opposing foreign law firms. They will pay high salaries to young graduates and lure them away. We will have a lot of difficulty finding good talent. And to those criticising so-called low salaries, please remember that even eminent Senior Advocates pay Rs 15K a month to their juniors. That is because the culture in India is to treat juniors as a shishya rather than an employee. For example, when I go abroad for vacations my junior looks after my pet dogs and regularly visits my parents and keeps them company.

Also, please remember that although the starting salary might be Rs 10,000, it can become as much as Rs 3 lakhs a month after 20 years.

We will oppose foreign law firms tooth and nail.
Elaichi 5 Dec 2014, 09:36
+4 -0
Are you serious dude? **3lakhs** after 20 years? I and the many likes of me are making 3 lakhs with about 5-7 years of work exp.
Dazed and Confused 5 Dec 2014, 06:46
+0 -0
See law.com's article on downward price pressure in South Korea since they allowed foreign firms.

This is an awful idea at the moment.

Perhaps pressure is coming because nominee US ambassador is an NRI government lawyer associated with the US-India Business Coucil and Steptoe Jihsnon from DC. So the ministry wants the throw the diaspora a bone (a samosa) after they filled Madison Aquare Garden for the big guy b
Vakeel 8 Dec 2014, 13:27
+0 -0
This guy is fake 'Dazed and Confused'. Iski baaton pe mat jaao.
Señor Pepe 5 Dec 2014, 08:13
+0 -0
Funny moron then?
Lunes 5 Dec 2014, 09:53
+0 -0
All kinds of lunatics are right there wherever there's any talk of foreign firms entry into India. How long will anybody sustain paying higher wages to professional dummies, that is, lawyers who know so little of the law as applied in the courts? Foreign law firms will go bankrupt sooner or later if they do the thing that is feared here by some.
NLU 5 Dec 2014, 15:52
+0 -0
Sorry but what does this mean for a student in one of the top NLUs in first year?
How does this impact me ?
ABC 5 Dec 2014, 21:21
+0 -0
well if it does open up, your lives wont be the same as your seniors..
Clifford Chance 5 Dec 2014, 23:37
+1 -0
I'm coming to get you ;)
Canary Wharf 6 Dec 2014, 06:29
+0 -0
Training Contract, which is good since your knowledge of law practice is negligible.
Samajwadi Janta Dal 6 Dec 2014, 01:32
+4 -1
Would there be reservation for OBCs, SCs, STs and Dalits for positions with foreign law firms?
VIVEK VINOD DEO 9 Dec 2014, 11:59
+3 -0
The entry of foreign law firms in total or in phased manner any which ways augurs well for the legal fraternity as a whole. It will create employment opportunities for Indian Law Graduates in India. People will get employment. Overall taking an economic angle also it is good decision as Multinational and foreign companies are not comfortable with local counsel. Hence, allowing foreign law firms to set up shop in India will gradually lead to economic progress and growth. Considering that India is fast emerging as one of the fastest growing economies in the world currently it needs to allow global level Law Firms to set up shop in India.
G Real Estate 10 Dec 2014, 09:12
+0 -0
Those who are opposing are only those who passed law "just because nothing else to do/could do" and have no idea of legal work and sits outside court for gas agency affidavits and rent agreements with taking juniors just for standing with them with no clients...

Though some exceptions are there but exceptions cant be example!!
G Real Estate 10 Dec 2014, 09:36
+0 -0
And yes, not to forget some big law firms "Some Tier 1" who doesnt want!!
Guest 21 Dec 2014, 19:55
+0 -0
It's really really high time that foreign law firms are allowed in India. If professionals fathom all other subjects are allowed to practice in India, why bar only law firms? Till how long can we let the Zia Mody's and Shroff's decide the future of 1200 law graduates every year?