You just cannot stop the entry of foreign law firms

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: That law firms in India are totally against entry of foreign law firms, is understandable but not justifiable. However, why individual lawyers in India are against entry of foreign law firm is neither understandable nor justifiable. The bottom line is, not many amongst my fellow professional really gave a serious thought on this issue all these years. In most developed countries not more than 20% of the lawyers of that country work in court or litigation matter while in India it is the reverse situation. In fact, 90% of our lawyers in India are litigation lawyers.

With globalisation and development of new laws and statutes and with complex business structures, the importance of corporate law advice from lawyers have evolved into a much bigger practice than litigation practice and consequently the development of law firms. It is only in the last 15 years that one has seen the metamorphosis of large law firms in the developed countries.

It is, therefore, not very surprising why some law firms and lawyers here are so much against entry of foreign law firm. Opening the entry of foreign law firm in India will, no doubt, bring in competition and raise the standards of service in the legal sector, which most Indian law firms and lawyers are neither ready to face nor let go their monopoly. At the same breadth, they also profess for other clients to the government that monopoly in other sectors is not good for the economy.

In August 2005, Society of India Law Firm, organised a meeting of top law firms with the Prime Minister. During the meeting, it was conveyed to the Premier that foreign law firms should not be allowed to come because of the great disadvantage Indian law firms have, including having no rights to advertise, limit of 20 partners, financial strength, etc. It was further conveyed that under the commerce minister, a committee has been formed to consider the fall-out of opening of the service sector under India’s commitment to the WTO. The Prime Minister asked the delegates as to the competence of Indian lawyers and immediately he was told that Indian lawyers are very competent and are doing deals in various countries such as China and many African nations. The Prime Minister immediately retorted back saying that if the Indian lawyers are so competent, then why they are scared of competition.