Impact of Globalization on Legal Profession

 

Author: Rahul Gour, BML MUNJAL UNIVERSITY, Gurugram

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INTRODUCTION 

Globalization is causing a fundamental transformation in the legal profession. Many countries are active in the legal profession, and there is also excess to the domestic economies as a result of globalisation. Globalization has wrought significant changes in the instruction of law students, the training of advocates, and the honing of advocates' professional abilities to address the problems posed by globalisation and the universalization of law. The legal industry's standard has risen, and lawyers must now be competent in addressing a wide range of cases.

Political globalisation, economic globalisation, and technological globalisation are the three main drivers of globalisation.

Globalization draws individuals from all over the world closer together, resulting in a new system of global governance as well as a global civil society. The legal profession has been affected by globalisation, which has increased the speed and complexity of the legal activity. Lawyers with appropriate legal skills and expertise have become more mobile as a result of globalisation. Lawyers work at offshore law companies in the world's major financial centres. Domestic lawyers can work in law firms in India, while litigation lawyers can operate in arbitration or non-litigation matters.

GLOBAL CHANGES IN THE LEGAL PROFESSION 

Clinging to the past isn't particularly reasonable. It is critical to increasing interest in the teaching of legal ethics in law schools. It is more than simply a few lectures at the end of the law school on professional statutes, etiquette, bookkeeping, and trust account regulations. It essentially infuses all law training by discussing ethical dilemmas that lawyers may face in the course of their professional lives. Students will receive advice on ethical problems and professional responsibilities as they enter the profession from law schools in this manner.

Teaching ethics cannot be avoided by law teachers simply by instructing them to incorporate lawyering and legal conduct into their classes. Teaching doctrine through instances and hypotheticals creates pictures of law and lawyering. Technical regulations can be left to the practical course, but all law professors must pay attention to the ethical foundations of legal practice. By resolving the concerns and introducing them to larger issues such as the unmet need for legal services, students might become more aware of the ethical issues that practitioners face.

The structure of one's country must be changed to accommodate internationally recognised legal practices. 

GLOBALIZATION UPON THE JUSTICE SYSTEM 

Globalization has had an impact on the delivery of justice in countries all over the world. It disseminates global legal advancements such as the evolution of laws, ideas related to human rights, intellectual property rights, competition laws, media laws, and so on. Globalization, which has no geographical or territorial boundaries, has linked the nation's economies.

India's economy was opened up during the Economic Liberalization process by reducing rules, exposing the Indian market to competitors from within and without outside of the country. As a result, strong law was needed to guarantee justice in economic disputes, leading to the creation of the Competition Act of 2002. The Competition Commission of India is a quasi-judicial body tasked with executing the provisions of the Competition Act.

 

CHALLENGES FACED 

The arrival of international corporations in India has made lawyers' jobs more technical and important. As many global firms have set up shop in India, experienced lawyers with the appropriate legal knowledge are required. As a result, workers must work in accordance with international standards and company demands, as the situation is precarious. Future attorneys must be prepared to tackle the increased challenges of working in the international knowledge economy through legal education. The law faculty must assist students in the subject in such a way that students in the new era have a thorough understanding of the subject and can adjust to the demanding situations that are presented to them.

Globalization of the legal profession has changed the way law is taught and practised in India. Based on the existing scenario, a number of adjustments are required. To maintain consistency in academic excellence across the country, all legal educational institutions must be assessed using an independent rating system based on some agreed-upon criteria. Law schools might be granted or denied recognition based on these evaluations. Law school rankings must be updated on a regular basis and made available to the public every year.

 

INDIAN PERSPECTIVE 

India only allowed foreigners to compete in Indian marketplaces after a long era of dominance by foreigners. There would have been a significant risk of colonisation if India had not limited foreigner admission at the time. The Indian government allowed international manufacturers and professionals into the country in 1991. Globalization slowly but steadily swept across the Indian markets, affecting all industries.

The recent decade might be called a "miniature revolution" for the Indian legal fraternity's corporate sector, as there has been a surge in the activity of attorneys in many domains such as finance, patent protection, corporate tax departments, and so on. Foreign corporations and innovators were able to sell their technology to India as a result of globalisation. In some situations, it allowed domestic law firms to collaborate with international ones. It allowed individual practitioners to collaborate with companies outside of India.

Lawyers' legal research skills must be such that they meet the Constitution of India's goals and objectives. In the legal business, lawyers also provide services to customers. If a client has a problem, the client can hold the lawyer responsible. The Madras High Court held in the Srinath V. Union of India case that the Consumer Redressal Forum will have jurisdiction to deal with claims of advocates under Section 3 of the Consumer Protection Act, 1986. Consumers should be given a lot of consideration when it comes to trade rules. 

 

CONSTITUTIONAL PERSPECTIVE 

The Bar Council of India has the ability under Section 7(1)(i) of the Advocates Act, 1961, to recognise law universities whose degree in law should be treated as a qualification for enrolment as an advocate, and they must inspect the university on a regular basis for this purpose.

The Advocates Act of 1961 and the BCI Regulation are both quite rigorous. Only those advocates who are recognised under the Act and who are qualified as advocates on the State roll are allowed to practise law, according to Section 247 of the Advocates Act of 1961. If the individual is an Indian citizen with a law decree from a BCI-accredited university.

 

 

CHALLENGES FACED IN THE LEGAL PROFESSION IN INDIA 

Though globalisation has brought about considerable developments in the legal profession, it has also brought about some issues in the Indian legal sector. Universities in India must organise programmes to strengthen their international contacts. Student exchange initiatives with other countries are required, and the education provided must fulfil the same standards as institutions in other countries. The period of legal education should be structured in such a way that a student who chooses to study abroad after completing their studies in India does not even have to worry about missing out on admission opportunities.

 

The infrastructure for the legal profession should be comparable to that of international law schools. A good infrastructure allows students to learn about the law without difficulty. A good library and teaching faculty are required for law students to obtain the necessary abilities. Law education should be ongoing, with practical skills and ongoing research projects.

 

CONCLUSION

The vast majority of people are ignorant of their country's legal system. They must seek the advice of a knowledgeable attorney with prior experience in the field. Our legal education must be multidisciplinary and versatile in order to address any challenge a person may face around the world. When a law student is working on a case, the legal education system must be constructed in such a way that he or she considers political, technological, and other elements. If we are to have a role in the global legal field, the attorneys that are generated must be honest, conscientious, skilled, and committed employees, as well as accommodate global developments. The quality of legal education has a direct impact on the prestige of the legal profession. The present needs of the legal profession must be the focus of legal education in law schools. 

To stay up with the changing times, defects must be identified and corrected. When legal education is considered an investment, the country will see more good consequences.

Many countries that operate globally must harmonise their legal systems in order to arrive at a legal structure that is acceptable to all parties concerned. As a result, the legal profession is constantly changing, affecting lawyers' daily life.

Because it has a direct impact on the world's political, social and business situations, the legal profession should continue to evolve. The law regulates and governs human behaviour, in general, to ensure that everyone is treated equally.