Article on "Globalization Of Legal Profession" by Shubhangi Singh

Together - We Can. We Will !!!!! June 25, 2021




SHUBHANGI SINGH

1ST YEAR LAW STUDENT

BENNETT UNIVERSITY, GREATER NOIDA


CHANGES IN THE SCOPE OF THE LEGAL PROFESSION

The term 'globalization' refers to the process of connecting the globe through interactions among humans, because of their movements around the world, which are supported by technological advancements. With the increasing world population, the increase in ease of moving from one place to another and the desire to survive their new lifestyles, the people were inspired to make more money by indulging in industrialization in the 18th, 19th and 20th centuries. Economic activities have long served as a bridging factor for people all across the world. Therefore, it can be said that, Globalisation have been a true global phenomenon, since the technological advancements of the Industrial Revolutions.

The increasing economic competition as well as the conflicting interests of different nations had been the cause of egregious health of the world in terms of security and peace since these industrial revolutions. To protect this peace and security, various international treaties had to be signed, bringing certain rule and regulations together to resolve the disputes among different countries. However, anytime there has been an increase in authority with the introduction of rules and regulations, there has also been a need to ensure that justice is served to all. The legal services authorities, through their legal professionals, are the ones who provide this justice at different legal platforms.

"Legal Service" as defined under section 2(1)(c) of Legal Services Authorities Act, "includes the rendering of any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and the giving of advice on any legal matter." Legal professions can also provide this vast range of services, from counselling in legal matters to pleading before courts or tribunals, by representing clients on international platforms. The demand for this representation has mostly been coming from the corporate world that is involved in international transactions. The increase in international corporate transactions has raised the demand for legal professionals, particularly in the fields of competition law, intellectual property rights, and foreign legal consultants, all of which are actively required for a successful international transaction. The majority of the services they provide in these fields are consultancy-based because many countries like India, do not allow foreign firm/foreign lawyers to practice law in their countries. Foreign lawyers, on the other hand, might provide legal services through Business Process Outsourcing firms. Some countries, such as India, do not accept these companies' services as legal practice, and they are still in the process of being recognized. Nevertheless, the legal profession have been successful in connecting the world through its services. 

POSITION OF INDIA ON FOREIGN LAW FIRMS OR LAWYERS PRACTICING IN INDIA

As per Section 29 of Advocates Act, 1961, only advocates can practice law in India and as per Section 24 of the same Act, among the advocates only those who are citizens of India can practice law in India. However, Section 24 provides an exception where a lawyer of other nation can also practice in India provided that, that nation also allow Indian advocate to practice law at their country. But, are foreign lawyers permitted to come to India and practice their law in the form of providing legal advice to their clients in India?, was the pertinent legal issue which was solved in the case, Bar Council of India v. A.K. Balaji and ors.[1]  In the judgement of this case, the scope of practice of law was widened by justifying the inclusion of non-litigation practices, which also included advising or counselling the clients on particular legal matters. It also clarified that a foreign lawyer who comes to India on a temporary basis can advise his or her client on foreign law but cannot practice the Indian law. The participation of these lawyers in the international commercial arbitrations was also justified by this judgment. Allowing the temporary arrival of these lawyers also put restriction on establishment of foreign law firms in India. This was done to prevent legal services in India from becoming a business rather than a social service, as the ultimate purpose of these foreign law firms would be to widen their scope of profit by providing legal services for expensive rates.

INTELLECTUAL PROPERTY RIGHTS CONNECTING THE WORLD

Granting intellectual property rights is not a new concept; rather, it is a long-standing concept of intellectual property protection. During the Renaissance, an individualistic view of creatorship arose, rather than a traditional religious view. The first patent right was awarded to architect and engineer, Filippo Brunelleschi, in 1421, as a result, of this rising appreciation for scientific and technological breakthroughs. As technology progressed, the legal profession was called upon to resolve the contradictory claims of ownership of a creation.

Intellectual property rights (IPRs) in the form of patents, copyrights, trademarks, Geographical Indications etc. helps an inventor to protect his or her creation from being claimed as the property of another person or business. The IPRs are regulated differently in different countries, so if, for instance, a patent obtained from the Office of the Controller General of Patents, Designs and Trade Marks, will provide protection only within the Indian Territory. The inventor or business, in that case, have to apply for patents separately in different foreign countries. To fight for their claim the inventors have to pass through certain procedures established by the law of that particular country where they are applying for these rights.  At this point, the legal professionals enter the picture and offer the benefit of navigating the procedures with less friction. A local patent attorney, for example, can represent a foreigner or a foreign corporation get patent rights, extending the legal profession's purview from the domestic to the international level and making it a source that connects the world.

INTERNATIONAL LAWYERS DIVERSIFYING THE LEGAL PROFESSION

It was due to globalization that international trade picked up the pace. However, penetrating another legal system, whether for trade or for any other reason, has also resulted in international disputes and diplomacy. International Organizations were formed to put an end to these conflicts and promote constructive international relations and trades. These organizations, like any other, have its own system of regulations to ensure proper operation. To interpret these regulations, lawyers that are knowledgeable with these organizations and international laws are needed. International organizations such as the World Bank, the International Monetary Fund, Amnesty International, and the International Criminal Court demands international law experts to ensure that they operate legally. From solving foreign investment disputes to drafting legal instrument for foreign investors, an international lawyer serves as a link between different international traders. Lawyers specializing in private international law, represent private organizations whereas those specializing in public international law represent government and inter-government organizations. With changing trading standards at international level, demand for international lawyers seems to be growing continuously. This requirement at international organizations for legal expertise has generated a market for lawyers who have a Master's degree in International law. This demonstrates that the legal profession has grown significantly in terms of services provided at an international level and globalization of legal profession could be observed.

CONCLUSION

Every time a new law comes up, the legal profession is called upon to ensure that the law is implemented justly. Globalization through international trading have made the movements of different businesses possible but not every nation welcomes the foreign investments with equal warmth and enthusiasm. So, the penetration in other legal system is restricted by the rules and regulations of that country. The continual progress in the field of law have resulted in the formation of its new subsidiaries. The scope of these subsidiaries, such as intellectual property rights, competition law, and Foreign Direct Investment regulations, has been extended to the global scale, significantly broadening the reach of the legal profession as well. One of the barriers in providing legal services in a foreign is difference in the ethics of the legal profession. Different countries have different ideas as to what practice of law means. Many countries, such as India, do not allow foreign lawyers to practice the domestic law of their countries unless they have a license to do so, because they think that legal services are a social service that should not be marketed for profit. Legal Consultancy has become major part of legal services across the globe and it has enhances the approach of legal profession to global platforms. Another effect of globalization is that the establishment of international organizations has broadened the scope of law by embracing international law as one of its subsidiaries. This effect has led to the increase in demand for international lawyers and increased requirements of international law related specialization courses. Legal professionals now require knowledge of foreign legal systems as to provide their services in form of drafting legal instruments, legal counselling, settlements of disputes through international arbitration and many more of such services, in international business transactions of the participating countries. As a result, we are moving toward a more globalized future for the legal profession.


[1] Bar Council of India v. A.K. Balaji and ors., AIR 2018 SC 1382

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