Jamia Hamdard

SUBJECT – CLINICAL LEGAL COURSE-I

“GLOBALIZATION AND ITS EFFECTS ON LEGAL PROFESSION”

ABSTRACT
A new, reasonable lawyer is necessary because of globalisation. The modern lawyer should
be a business expert or a legal authority since specialised fields like project finance, M&As,
and arbitrations are more industry-specific and less concerned with local laws. This is true
whether they are a corporate professional or a criminal defence lawyer. Trade experts are
increasingly in charge of transactions, relegating local, non-specialist attorneys to supporting
and consoling duties. The interface lawyers that were once found in overseas desks of
juridical corporations have become a thing of the past, therefore the legal professionals who
work for global clients should be able to conduct themselves in a foreign language and be
familiar with international standards and usages.
The dynamics of the law business are dynamic due to globalisation. A decade ago,
international legal firms setting up shop in a new area would only oppose the global work of
local businesses. However, due to the inability of local companies to compete on an equal
footing, a similar global firm is now a competitor with domestic law firms for local work. As a
result, local legal firms are gradually falling behind their international competitors.
 
INTRODUCTION:Due to increased country participation and involvement in globalisation
and more access to domestic economies, the legal profession has undergone a significant
upheaval. Since it has changed how law students are taught and how advocates are trained
to polish their professional skills to face the problems posed by globalisation and the
universalization of law, globalisation shouldn't be viewed in a constrictive way. Lawyers
must be competent to handle high-profile matters, such as merger and acquisition, project
finance, securities, and initial public offerings, which are typically required by both domestic
and international businesses setting up shop in India.
 
 

Legal profession in India

 
 India has been working to keep its legal services up to date so that foreign attorneys and law
firms can set up shop there. Few Indian businesses have opened branches in other nations,
such as the US and UK. This is advantageous since it would allow lawyers to practise abroad
and give them a greater range of experience in the legal field. In order to handle the
difficulties in a way that is relevant to the nation's aspirations and the goals of the
constitution, lawyers must also possess creative and cutting-edge legal research skills. India,
a developing nation, and attorneys will be essential in these circumstances.
Over the years, consumers have come to expect lawyers to deliver services in the legal
industry and hold them responsible for any problems that arise. The Madras High Court
upheld Section 3 of the Consumer Protection Act of 1986 in the case of Srinath V. Union of
India (AIR 1996 MAD 427). The Consumer Redress Forum was found to
have jurisdiction over the claims of advocates. The Compensation Act of 2002's Section 2(U)
explains service in accordance with the Consumer Protection Act of 1986. The conclusion
that follows is that consumerism and market forces should be given considerable
consideration when it comes to trade-related laws.
 
Changing nature of legal profession
 
International trade has undergone a significant transformation as a result of increasing
engagement, participation, and access to domestic services from many nations. The legal
services industry in India has undergone significant upheaval, and much has altered. In the
1990s, there was essentially noknowledge of corporate law operations in the areas of
project financing, intellectual property protection, competition law, etc. There weren't many
lawyers practising in this area back then. However, a change has come about as a result
of globalisation, and there is now a greater demand for experts in the aforementioned
subject.
Although lawyers today make more money than they did in the past, their workload is
nevertheless very heavy. Law students today get training and instruction that prepares them
to succeed in this fast-paced environment, where efficiency and expertise in one's
profession are the very minimum required.
 

Difficulty faced by Indian legal education system due to Globalization

 
• Inadequate Infrastructure: A student's legal education must be framed within the framework
of a solid, well-structured infrastructure. India's universities lag behind other international
law institutes by a wide margin. A student's overall life can be shaped by their environment,
which also helps them have a complete understanding of legal education. The development
of talents is greatly influenced by the availability of sufficient resources to both the
instructors and the students. The legal education system has been held to a high standard
by lawyers and legal professionals worldwide. In order to catch up to the aforementioned
worldwide lawyers who have been working and studying under the tutelage of
knowledgeable legal experts and well-equipped universities, India still falls short in terms
 of providing adequate resources. Due to a lack of funding, many law schools in India are
unable to provide the essential faculty and infrastructure.

• Foreign direct investments in educational systems: The globalisation of society, politics, and
professionalism has brought about a great deal of revolution, ushering in the age of
transition. Due to the globalisation of trade and business, legal education in India has seen a
significant transformation during the past 30 years. The Indian legal framework
automatically permits foreign direct investment at a rate of 100%. The Indian legal system
now has a competitive advantage thanks to FDI, which also adds a challenge-
giving component. Developing countries like India have focused more on creating a global
curriculum and standardising legal education in order to stay up with the leading
globalisation. This has led to the provision of high-quality legal education. The institution
now feels fierce competition as a result of FDI. As a result, Indian law schools are
concentrating not just on teaching and researching foreign laws, but also on studies of
Indian laws. National and international moot courts, seminars, and webinars all feature
participation from law students. Additionally, teachers are obliged to provide knowledge
that will broaden students' perspectives on the law.
 
Global initiatives and global experiences: Indian colleges must engage in forging stronger
international ties by establishing initiatives like student exchange programmes abroad and by
providing education that can compete with the standards and expectations of other
institutions throughout the world.

• Research-based education and a constant legal approach: Theoretical knowledge is

something that every institution can offer, but in a law school, having merely theoretical
knowledge is insufficient. Outstanding research abilities are a requirement for being able to
have an advantage over other students. The industry's need for continuing legal education
(CLE) is essential for professional growth, the quality of legal services provided, and it also
serves as a gauge of the profession's accountability. The Indian legal education system does
not encourage observation or active engagement in law students.
 

Major issues unnerving the legal service sector

 
Regarding the legal sector services in India, the approach taken by the lawmaker and the Bar
Council of India is unclear. Due to their superior infrastructure, knowledge,
and established legal drafting and communication skills, overseas law firms are in intense
competition with local companies. India is still not ready to participate in the further rounds
of negotiations that the WTO (World trade organisation) rules require. Section 24 of the
Advocates Act of 1961 is a burden, and the BCI regulations' provisions are also overly strict.
According to the section, a person can only be licenced to practise law in India if they
completed their legal education at a BCI-recognized law school and met the requirements of
the Advocates Act of 1961.

A foreign national citizen can only be allowed to practise law, subject to the Act's
restrictions, if they are duly qualified to do so in their home country. A person may not
practise law on or after the designated day unless he has registered as an advocate under
the aforementioned Act, according to Section 33 of the aforementioned Act, unless
otherwise provided by the Act or any other law now in effect.
The government has outlined its guidelines for the development of the legal industry in
India, as well as their position on the admission of foreign attorneys who meet the
requirements of the Advocates Act to practise law and found businesses there.
The Supreme Court of India recently placed restrictions on the operation of law firms and
the practise of law in India, but authorised foreign attorneys to come to India to consult with
clients on a fly-in, fly-out basis.
Flying in and out is not really practise, and this is not really a practical way to handle the
situation. Large and knowledgeable investors would anticipate a strong legal services sector,
which this decision may dissuade from investing in India.
 Measures taken to meet the Global challenges/opportunity by the Indian legal system. India
has a lot to catch up with other countries in order to compete on an equal footing with
other developed nations given the rise of multinational corporations there more than
anywhere else. The time is opportune for competent attorneys who have received the
proper legal education. The Indian legal system should function in accordance with
international standards because it has a strong infrastructure and includes amenities like
research-based learning, updated curricula, conferences, webinars, moot courts, as well as
national and international training programmes. As a result, our legal system can meet the
challenges posed by globalisation. The legal profession can benefit from specialisation, but it
also requires that students be taught by qualified professors.
 

Conclusion
 There are numerous laws in society that call for expert counsel and legal expertise, and
these needs can only be met when there is a lawyer available who is qualified to handle the
task at hand. Not only do we require lawyers, judges, and jurists, but we also want them to
be well-versed in their fields to help with the globalisation movement. Only if our legal
education institution chooses to take a multipurpose and multidisciplinary approach will the
issues brought on by globalisation be overcome. A good attorney investigates the case from
every political, social, and technological angle. Producing diligent, committed, skilled, and
reform-adept legal professionals is the only way to improve our position in this rapidly
evolving global legal environment.
 
BIBLIOGRAPHY
“Google” (Google) <https://www.google.com> accessed November 11, 2022

SUBMITTING TO:
PROFESSOR ADVOCATE MOHD YASIN
NAME – siddhant sharma
SECTION – B
ENROLLMENT NO. - 2019-342-104