LEGAL EDUCATION IN INDIA – CHALLENGES OF GLOBALIZATION Law Firm’s View

Introduction: Law Institutions - 20,000 law graduates every year After enactment of Advocate Act Law colleges mushroomed However, there were no control over the law courses and also admission process/criteria in the Law Colleges 1970s saw in totality – poor standard in legal education Presently Law Colleges – 2 Lakhs law graduates in a year establishment of National Law College of Indian University in Bangalore – commencement of new era in legal education. Today there are several law colleges having excellent standard in education - churning out really good quality of Law Graduates

Why are we discussing: Up until 1991 Indian economy was closed Then came WTO signing and thereafter GATS Circumstances - created – forced to accept that India need be part of the world and cannot live in isolation Globalization is for mutual benefit Though no absolute commitment under GATS given by India to open legal services. But today or tomorrow we have to or the entire process of India’s participation in globalization will be hindered To compete we need to be competitive. To be competitive we need to change our self and meet with the challenges. Others have gone through same cycle way back e.g. UK, Europe and now we have to Demand is to meet the challenges and deliver legal services of international standard. Hence Legal Education in sequence face the same. If we do not change the supply, then the demand will flow somewhere else

How others are doing: Law colleges in UK: 3 years’ undergraduate qualification Generally, choose in total 4 optional subjects in three years from a pool of 215 subjects If an optional subject is available in another law college, student can go and take that subject. Such understanding and cooperation are there within colleges Classes are held through seminars comprising of 15 – 20 students Subjects are taught through case laws and not textbooks Seminars are discussion amongst students under guidance of professor Entire process - emphasis - on fact analysis contained in reported judgments and interpretation of law thereto Entire process – backbone – clinical fact analysis which bridges the gap between practical and theoretical law

Practical cooperation between Law Colleges and Law Firms: Mutual understanding - law firms not solely guided by the object of marketing/recruitment Regular meetings – Law Firm representative (partners, seniors or joiners) with students Regular lectures held by Law Firm – not academic – but on practical issue of real legal world. Entire year’s program of lectures is pre-organized so that the gap between theory and practical law is bridged Internship program is pre-arranged e.g. what areas of law students will be introduced, stipend, reviews etc. Involvement of Law Firms – bona fide pro bono basis. No doubt at the end of the day - mutual benefit. Such benefits are not there in India. Indian Law firms still lack such vision and so does the law colleges

U.K. – Professional qualifications: 3 years’ undergraduate law degree – no license to practice Law graduate must choose a professional qualification - Solicitor/Barrister Barrister has full right of advocacy - no client relationship Solicitor has limited right of advocacy - client relationship Justifiable logic - bifurcation - professional qualification. Humanly - not possible for a person to be in Court from 9 am to 4 pm and then run a law firm

What we need to do: Need of the hour - Legal Education: Emphasis on problem solving Emphasis on negotiations Emphasis on transnational practice Introduce case and material – based legal education Clinical education - students to learn not only professional skills but acquire understanding and knowledge of law and the role of legal profession in the society Emphasis on new technology Emphasis on clinical legal education Reducing the gap between theory and practice of law To have more and practical cooperation and understanding with international legal institutions To have practical cooperation and understanding with law firms in India

Research: Needs to be more than just academic This can be done when law firms and law colleges work together Data is everything and data can only be made with research Law firms have a habit of not investing in research and very few have a dedicated research department Need to be updated of legal developments - judgments of UK, Australia etc. should be made part of the legal curriculum Sufficient time for research Sabbatical leaves to be granted for research Incentive for research

What globalization requires us to do? Modern legal thought e.g. treaties Concepts of legal modernity Diversity of legal orders or interpretations

Interdependence between nationalities– we require: Restructure and reorient Legal Education Restructure and reorient Legal Profession Give importance to Information Technology Give importance to Legal Practical Research Analytical writing skills to be introduced – drafting To change the mindset that legal education object is to have lawyers for Court only To recognize - lawyers required - for Trade, Commerce and Industry.

Hence Indian Legal Education should explore introduction – professional qualification - quality of service will increase What happens if we do not change? We surely - loose the chance to grow our legal fraternity E.g. arbitration – exit clauses are choosing institutional arbitration – London, Paris, Singapore etc. and not in India though one party is India or many a times both parties are Indian Because of restrictions we have, opting out SICA adjudicated the maximum disputes arising out of India. India has become the biggest customer of SICA Tragedy for legal fraternity until and unless we accept the global challenges - India cannot grow as an International Arbitration hub

Thank You…