Opening up of Legal services in India

AS India slowly but surely opens up every possible sector to the foreign market, how can the legal services be left behind. For this an interactive session was called by the Ministry of Law on 17 September 2007, to which I also went the session lasted about two hours, in the end three groups emerged

1. Those in against

2. Those in favour
3. Undecided

Group 1 comprises of big law firms who hold substantial market share, and are not willing to give up .
Group 2 as imagine comprises of those firms who already are in MoU with foreign firms and are trying to strengthen their position.
And finally the Group 3 who comprises of those people who were undecided, really don’t care , there for free snacks.

After the session was conclude, all the view points were noted by the ministry, and they would come up with a draft within few months.

I guess as the world economies open up, and the competition comes to domestic market. Talking of legal services in particular one metaphor come to mind " Never to put horse behind the cart " Opening up of legal services should been taken in steps, so when the competition comes we will be ready to face them. At present lot of handicaps crumble the legal services. Let us take a look

Firstly, under the Advocates Act,1961 foreign firms and lawyers are not allowed to practice in India, It is a common misconception the foreign firms and lawyers will come and take over the litigation practice from Indian lawyers which as anyone who can read can see this is not the case as being made out.

Indian Partnership Act, 1932 bars law firms from having more than 20 lawyers, this limits a law firm to grow in size.

Limited Liability Partnership Bill, 2006 is still sitting to be passed in the Parliament, this act will provide a law firm to expand and compete globally.

A set of guidelines which will govern the activities of foreign firms and lawyers. For example in Singapore, foreign firms can only practice in banking and corporate areas of Singapore law.

Given above reasons it is now for the government to act upon them and show us the door and we will walk through it whatever the outcome.

Due process of law on Thin Ice

Pick out any newspaper publish in India and you will find instances of vigilante justice being handed out by people. This new type of behaviour has risen to such an extent that even the Chief Justice of India has remarked that peoples faith in the Indian courts has gone down due to SLOW PROCESS OF LAW

People on the street have taken on themselves to be the new Robinhoods of society. This has already and will eventualy if not stop now led to Rule of the MAN rather than LAW.

Recent cases will come to light the tv sting (Teacher involved in Human Trafficking ) in Delhi wich led to riot, etc.

Crimes commited by sane people, do have their side of the story, a person my be guilty of crime but what drive him to do such a thing greed,necessity, etc. The reasons can be many that is why in the light of Natural Justice his story is to be heard by the Judge.

Many people involved in handing out vigilante justice are making mockery of the Due process of law.

The foreseeable solution is the Pyramid Effect, to start at the top and the rest will follow, frist ones are Politicians, Senior Police officials who do not take action, Judges who for no reason dely the hearing.

One can see the writing on the wall, where it takes more than 10 years for (Uphaar film hall) case to move into Frist appeal from trial court, and other countless trials which are still pending. one doesent need to be Einstine to fig it out that criminal punishment is insufficient or nonexistent to the crime commited.