Globalization of Legal Services and Regulatory Reforms by Chanda Rupa;Gupta Pralok;

Author:Chanda, Rupa;Gupta, Pralok;
Language: eng
Format: epub
Publisher: SAGE Publications India Pvt, Ltd.

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1 See http://outsourceportfolio.com/lpo-career-lawyers-law-graduates/ and http://www.barcouncilofindia.org/about/about-the-legal-profession/ (both accessed on January 1, 2015).

2 According to Section 4 of the Companies Act, 1956, the number of partners in a firm shall not exceed 20, and a partnership having more than 20 persons would be considered as illegal. The Companies Act, 2013 eliminated this restriction.

3 Based on information available at BCI web site http://www.barcouncilofindia.org/about/about-the-legal-profession/legal-education-in-the-united-kingdom/ (last accessed on January 1, 2015).

4 The term “resident in India” means a person who has stayed in India for a period of not less than 182 days during the immediately preceding one year.

5 Based on information available at the BCI web site http://www.barcouncilofindia.org/about/about-the-bar-council-of-india/ (last accessed on January 1, 2015).

6 Information in this section is based on the Advocates Act 1961, available at http://www.barcouncilofindia.org/wp-content/uploads/2010/05/Advocates-Act1961.pdf (last accessed on January 1, 2015).

7 Based on information available in the various Chapters of the BCI Rules, 1975, available at http://www.barcouncilofindia.org/about/professional-standards/rules-on-professional-standards/ (last accessed on January 1, 2015).

8 It is only recently in 2010 that an All India Bar Exam has been introduced to qualify for legal practice in India.

9 There is lot of confusion about the LLP format. It is possible that additional regulations may come into play which would allow FLFs to form an LLP with an Indian law firm subject to one of the partners must be a resident in India.

10 See the note on the Indian LLP law by Sachdeva and Sachdeva (2009), p. 6.

11 The primary survey carried out during this study revealed that on a continuum from the least to the most restrictive legal sector, India is the most restrictive. China and Brazil allow FLFs to establish an office but only to practice foreign law, while Russia is more liberal as one can practice both foreign and local law.

12 “Lawyers Collective” is a society registered under the Societies Registration Act and under the Bombay Public Trusts Act.

13 “Market access” refers to the extent to which foreign service providers are permitted entry into the market of the country scheduling the commitment. This could take the form of “none” meaning unrestricted access, “partial” meaning access which is partly restricted and subject to certain conditions, or “unbound” which means no commitment has been made. “National Treatment” refers to whether foreign service providers are treated at par with domestic service providers or whether there are any discriminatory provisions affecting their operations in the market of the country scheduling the commitment. This too can be unrestricted, partial, or uncommitted.

14 RTAs include both FTAs and preferential trade agreements (PTAs). However, many times, FTA and RTA terms are used interchangeably.

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