Category Archives: Lawyer India

New York State’s new In-House Counsel Rule

The New York Court of Appeals has new rule allowing out-of-state attorneys to serve as in house counsel to corporations and various other entities located in the State of New York.  Newly added Part 522 of the Rules of the Court of Appeals allows attorneys who are admitted to practice in other states to serve as in-house counsel to businesses, not-for-profit organizations and other entities in the State of New York without passing the New York bar exam.

The new rule will make it easier for in-house attorneys and their employers to relocate to New York, enhancing the state’s position as the business and non-profit capital of the world. This is a good measure for economic development in New York.  Chief Judge Jonathan Lippman also lauded the rule: “The new registration rules give New York a competitive edge in attracting corporations and other entities that in the past may have been reticent to locate here because of concerns over the unauthorized practice of law. Furthermore, the new rules will aid New York-admitted lawyers seeking similar admission in other states that require reciprocity.”

In house counsel admitted under this new rule, however, will be limited to advising their employer on business-related legal issues. Like other attorneys in New York, they will be required to register with the Appellate Division and will be subject to New York’s professional conduct and disciplinary rules.

Legal Service Law India

Legal Practitioners (Regulation and Maintenance of Standards in Profession, Protecting the Interest of Clients and Promoting the Rule of Law) Bill, 2010.

A Bill for the establishment of the Legal Services Board and in respect of its functions; to make provision for, and in connection with, the regulation of persons who carry out the activities of legal practitioners; to make provisions for the establishment of an ombudsman for complaints against the professionals  and for a scheme to consider and determine complaints against the legal practitioners; to make provision in respect of providing legal services free of charge and for connected purposes.

please read the complete Act at Http://trustman.org/india/legal_service.htm

Law Firm Marketing

Referrals are critical component for generating the work for the law firms. It reminded of the importance of networking, and those who build strong referral partners are often very successful.  Word of mouth and referrals continue to be cited by consumers as the primary way, but the Internet has recently changed the referral process. Clients  view the Internet as a valuable information resource, and in virtually all cases, the Internet will be used to provide additional perspective and details which will affect decisions.

After receiving a referral the Client decides to research the provider being referred before contacting him/her.  Even when a Client receives a strong referral, often they will still “Google” the lawyer or law firm and look for their website. What they find may help or hurt their’s chances. A referral in itself helps Client to make the decision but Client will make evaluations based on the information collected from internet and other resources, all before they contact him/her. The Client is also likely to research topics or issues pertaining to their situation. Therefore, clients are fairly well-informed (or they believe they are) when and if they call the provider.  When someone asks for a recommended provider, they typically receive several responses. This creates a lot of options, and possible work for the client, and many are willing to do it to make their decision.

As a professional who seeks to build a strong network of referral partners, there are a few things you can do to help yourself:

  1. Deliver a great service that is worth talking about by others. If you do something that others do not, and delight your clients, it will give both you and them something to talk about with others. You will stand out from the crowd.
  2. Your referral partners should know who your ideal client is and how you can help them. Law firm or lawyers should explain their services in detail to their referral partners as as clients.  The lawyer will get the right kind of clients this way.  The happy clients refer a lot of business and create an image for the lawyer.
  3. Make sure you help yourself with your online presence and image. Make sure it reinforces your brand and credibility.
  4. Use marketing and advertising to supplement your referrals so you have both referral business and newly generated business for your firm. This blend will keep you busy and well-fed.

Future Trends in Practice of Law

Looking 5 to 10 years on the road, it is predicted to be in the first pass review of documents is no longer seen as the practice of law, and subject to the same ethical standards and legal advice. This will be possible not only thanks to technological advances, but also the likelihood that the courts determine that the costs be too high, unless restrictions on what can be done by nonattorneys are relaxed. Once these activities are not profit centers for law firms, law schools are unwilling to fight this change, the reasons Ross.

In fact, this reasoning could reasonably lead to a copy of the continued expansion of the number of mega-companies. The global legal market could be at least four super-mega companies (consulting firms like Big 4), with a drastic downsizing of the other large law firms.

The leveraging of the profit centers such as changing the traditional pyramid model law firm for a diamond shape. Under this model, there would be fewer associates without experience at the bottom, a greater number of senior associates and partners non equity experienced in the middle, and a small number of equity partners at the top. In short: Why not emulate the mid-level companies for years have avoided the cost of training above all lateral hiring of experienced partner?

This new paradigm raises the question: Who will hire most of the initial graduates? Possibly, a system of exploitation of smaller companies and agencies will arise to develop promising talent. One can assume that these companies pay considerably less than the wages from large law firms.

Young Lawyers and Legal Education
Since companies pressure customers to reassign the tasks that could be said that can be done by nonattorneys, while requiring the most sophisticated work to do for senior partners, demand for recent graduates without experience will be severely restricted. Tighten to provide more value at lower cost, law firms cut wherever possible, including associated training costs. These factors will likely result in lower starting salaries to help defray the costs, while many graduates have educational debt monumental.

Graduates without practical skills necessary to deliver value to customers in the first day of practice will be at a severe disadvantage. This requires a rethinking of how long-delayed law students are educated and trained.

For too long, the curriculum of the U.S. legal insisted on the theory of practice. No wonder that graduates of law school often must take during your first week to see where the courthouse. A number of resources for it. Infusion ranging from first-year classes with practical research and writing rather than relying strictly on Socrates and the conference finals, the addition of a year requires a quarter of the school to focus exclusively on the skills clinics. Law professors need to understand the urgent need for change, and accreditation decisions should rest largely on the extent to which institutions are addressing this issue in a meaningful way.

Business of Law or Practice of law

For  years, some members of the bar have fought a pitched battle to preserve the practice of law as a profession than a business like any other. Often, this was done with the best of intentions: after all, lawyers are assigned a public trust when licensed. Officers of the court ought to be expected to see the greater lovely. Sometimes, though, the motives were less pure: a thinly guised try to protect cherished revenue streams.
Either way, at this point the battle is largely a rear-guard action. Legal practice is changing, not because lawyers need it to but because clients are changing it for them – increasingly insisting that attorneys utilize the discipline driven by the same market forces to which every other business is subject.
Clients are imposing more sophisticated & varied cost controls on legal expenditures. The increasing need for both predictability & cost containment makes the business case for legal outsourcing as part of the solution more compelling to clients on a regular basis. If legal sourcing vendors offer quality work product, they can expect that, as in IT & back office outsourcing, they will gradually but steadily move up the worth chain.
The expertise of the senior partner, whether through local knowledge of judges & juries or ability to offer high-end strategic advice, will likely never be outsourced. Still, lawyers must understand that, as never before, their work will need the same relentless drive to accomplish more with less that their clients have been dealing with for years. The days of unquestioned year-on-year fee hikes, independent of increased value-adds, are coming to an finish. Adjust your business model accordingly because trying to hold on to sure profit centers in the short term may cost you clients in the long term.
For young lawyers, recognition of the competition that they face from abroad is critical. Clients will become increasingly less tolerant of having to pay premium rates to train them how to do basic tasks. Lifelong additions to their skill sets to provide something uniquely valuable to the client will be a must if wage levels are to be maintained in this surroundings. The responsibility for seeing to it that such opportunities are made obtainable falls to legal educators. Practical training beyond basic writing & research & elective courses in trial & appellate advocacy must be instituted now.