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Trending: Call for Papers Volume 3 | Issue 2: International Journal of Advanced Legal Research [ISSN: 2582-7340]

Globalisation and the Legal Profession

  

INTRODUCTION

Globalization, whether technical, political, or economic, has ushered in a new era in international commerce, with countries participating more actively and having better access to domestic economies. The previous ten years have seen a mini revolution in the legal services industry, with the most significant legal influence on the corporate legal arena. Before the 1990s, project finance, intellectual property protection, environmental protection, competition law, corporate taxation, infrastructure contracts, corporate governance, and investment law were all but unknown. There were also a restricted number of law firms capable of handling such job.

Even while globalisation is not new, it is gaining traction in the legal services sector as a result of the Internet’s growth, the automation of legal processes, advances in data security, and emerging technology solutions. It is apparent that the legal services industry has a huge demand for professional services.[1]

India has been working to liberalise its legal services market, allowing foreign law firms and lawyers to do business in the country. India’s portion of the global services trade would benefit from more global integration in the legal profession.

A few Indian companies have established subsidiaries in other countries, such as the United Kingdom and the United States. Similarly, after liberalisation, international firms and attorneys would be able to open branches in India, hire Indian lawyers, form partnerships with Indian firms, and provide legal advice on foreign law, among other things.

WHAT IS GLOBALISATION?

The term “Globalisation” refers to the rising interdependence of the world’s economies, cultures, and populations, as a result of cross-border trade in commodities and services, technology, and investment, people, and information flows. Over many years, countries have formed economic alliances to enable these flows. Globalization’s far-reaching consequences are complicated and politically fraught. Globalization, like other great technological developments, benefits society as a whole while damaging specific sections. Understanding the relative costs and benefits can pave the road for problems to be solved while the larger payoffs are maintained.[2]

It entails the emergence of networks and hobbies that reconfigure social, financial, and geographical constraints. Globalization tries to build links in such a way that activities in India can be determined by looking at activities that are taking place far away.

Globalization has led to the acceleration of actions and exchanges (of people, products, and services, capital, technology, and cultural practises) throughout the globe. One of the consequences of globalisation is that it encourages and will continue to encourage contacts between diverse locations and populations around the world.[3]

CHANGING NATURE OF LEGAL PROFESSION

Globalization has resulted in a significant shift in international trade, with an increase in the number of interactions and involvement from other countries, as well as more access to domestic services. The legal sector in India has altered dramatically, and a lot has changed. In the 1990s, corporate legal operations in project financing, intellectual property protection, competition law, and other areas were almost unknown. The number of lawyers practising in this subject was small at the time. However, as a result of globalisation, a revolution has occurred, and the demand for specialists in the aforementioned industry has risen.[4]

Globalization has a wide range of effects on the legal profession. It promotes international trade and commerce by making it easier to move capital, labour, goods, and services across national borders, thereby accelerating the economic process, and they are looking for qualified legal experts.

Lawyers today earn significantly more money than in the past, but they also have a massive workload. Today’s law students are educated and equipped to meet the demands of this fast-paced world, in which efficient work and mastery in one’s profession are the most important prerequisites.

EFFECT OF GLOBALISATION ON THE LEGAL INDUSTRY

A decade ago, international legal corporations springing up in a new space would simply compete with native companies’ international activities. However, because local law firms are unable to compete on an equal footing, a similar worldwide business is now competing with domestic law firms for local work. As a result, local legal firms are gradually losing ground to their international competitors. Technology has had a significant impact on the legal profession. Social media is altering client connections, while data management solutions are increasing customer engagement and lowering expenses. The balance of power is shifting in favour of buyers as a result of these advancements. The adoption of global norms in professional liability, ethics, and equality policies has come from the economic process. To meet the needs of global clients and stay relevant in the global marketplace, legal firms are becoming increasingly attuned to global practises.[5]

Legal firms are embracing globalisation by combining with larger competitors, making acquisitions, and forming strategic partnerships. The web explosion, legal process automation, and new technology tools are all driving this economic uptick. As law firms seek to grow their presence globally, the economic process has the potential to transform the legal industry’s landscape in the coming years.

The government of India has issued guidelines for the formation of legal services in the country, as well as its position on foreign lawyers practising in India and forming law firms if they are qualified under the Advocates Act.

The Supreme Court of India recently imposed restrictions on the operation of law firms and practises in India but allowed international lawyers to visit India on a fly-in, fly-out basis to assist clients.[6]

In a nutshell, a visit by a foreign lawyer on a fly-in, fly-out basis may be considered legal practise if it occurs on a regular basis. The term ‘practise’ may not cover a casual visit for the purpose of delivering advise. Whether a visit is casual or often enough to be considered practise is a reality that must be decided from circumstance to situation. In this regard, the Bar Council of India or the Union of India are free to make appropriate rules. The Hon’ble Apex Court, on the other hand, allowed foreign lawyers to conduct arbitration proceedings in international commercial arbitration disputes if they followed the Indian legal profession’s code of conduct.[7]

Many countries, such as Singapore and China, have liberalised their legal services industries. As a result, fly in/fly out isn’t a comprehensive answer. The Supreme Court, in my opinion, might have adopted a more pragmatic approach to the situation. Several observers believe that the Supreme Court’s ruling may hurt India’s chances of attracting foreign investment, because wealthy and sophisticated investors want high-quality legal services. While the judgement does not permit legal sector globalisation for the time being, it does place the onus on the government to do so.

Virtual law companies are becoming more common. Legal professionals can now work remotely from home or a virtual law office thanks to mobile devices and internet technology. Virtual law offices allow for more flexible working hours and a better work-life balance for legal professionals. Furthermore, because of the virtual world’s convenience, buyers can obtain expert legal services from anywhere in the world.[8]

Within the legal arena, the Legal Method Outsourcing sector (LPO) is another embodiment of economic process. In the 1990s, business process Outsourcing (BPO) grew in popularity, with organisations outsourcing facility accounting and IT tasks to BPO firms. LPO stands for “business technique outsourcing,” in which large legal firms create offshore operations in more cost-effective places in order to save expenses, increase flexibility, and expand capabilities.[9]

CONCLUSION

Globalization has changed the rules of the game, making it necessary for the legal profession to reflect on where it is today and where it is headed as it prepares for a more interconnected world. To bring about the necessary institutional reforms and evolution of laws, legal systems in various countries have to learn from one another.

There are numerous laws in society that require expert guidance and legal knowledge, which can only be filled when a lawyer with the necessary expertise is available. We don’t only need lawyers, judges, or jurists; we want them to be well-versed in the knowledge and expertise that will aid the globalisation revolution. The issues posed by globalisation can only be overcome if our legal education system adopts a multipurpose, multidisciplinary approach. A smart lawyer considers all of the case’s political, societal, and technological components.Only by producing hardworking, dedicated, passionate, skilled law professionals who are adaptable to reformations will we be able to improve our position in this changing global legal world.

Globalization brought about a revolution in global exchange, with increased participation and involvement of countries and more access to domestic economies. The equal at the felony provider quarter had both quantitative and qualitative implications. In the past decade, there has been a mini revolution in the felony provider sector, with the most felony impact on the business felony arena. Prior to the 1990s, activities in project finance, intellectual property protection, environmental protection, opposition regulation, corporate taxation, infrastructure contracts, corporate governance, and funding regulation were almost unknown. The number of law firms capable of dealing with such works of art has dwindled.Globalization has as a result improved the inner and outside call for felony services. Today in felony services, is on inevitable fact. At the equal time good sized for innovative improvement of felony career in India within side the generation of Globalization.

(The blog is authored by Arya Panda, Student of ICFAI University, Dehradun)

 

BIBLIOGRAPHY

·         Websites:

1.       https://www.mondaq.com/india/management/696680/globalisation-of-legal-services-and-indian-perspective (Last visited on 26.09.2021)

2.       https://www.piie.com/microsites/globalization/what-is-globalization (Last visited on 26.09.2021)

3.       https://www.legalserviceindia.com/legal/article-4503-effects-of-globalization-on-legal-profession-in-india.html (Last visited on 27.09.2021)

4.       https://blog.ipleaders.in/globalization-effects-legal-profession/ (Last visited on 28.09.2021)

5.       https://www.ijcrt.org/papers/IJCRT2010110.pdf (Last visited on 28.09.2021)

6.       https://thepractice.law.harvard.edu/article/indian-legal-profession-age-globalization/ (Last visited on 28.09.2021)

7.       https://clp.law.harvard.edu/assets/Shroff_Blue_Paper.pdf (Last visited on 28.09.2021)

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