Saturday, October 29, 2016

Why are Indian lawyers more businessmen than professionals

Recently, I had read books on the medical profession such as  and  _encoding=UTF8&psc=1&refRID=1CTG40KCX9RYQRE0FVWW
This got me thinking about other professions including law, and therefore this law. The reason I write about law is the importance of it in the growing litigious environment amidst the legal shambles. No other profession gets such negative coverage, be it the advocates agitation/strikes, 'tareek pe tareek'..While reading about this topic, I saw that the list of misconducts cited in the below article is mind boggling

Without much ado, I proceed to my grouses
  1. ·         Advocates strikes/hartals/bandhs-even at the cost of their clients 
  2.  ·         The culture of adjournments
  3.  ·         ‘Eternal’ arbitrations
  4.  ·         Probono very care, legal services cell hardly in vogue
  5.  ·         Preferential treatment to Senior Counsel-unjustified that their reputation is formalized and fee earning capacity enhanced, by the result of a opaque process without any continuing obligation
  6.  ·         Too much separation of work-Advocate, Solicitor, Counsel-many folks to pay fees
  7.  ·         Limited effort to insert ‘Plain English’ in drafting
  8.  ·         No scale of fees/standard rate chart-

  1. ·         Startups to assess win/loss odds like in UK basis type of matter, number and outcome of hearings, case status(upheld/overturned)-This is a formal assessment of succcess rate and efficiency which could help for mass litigation matters
  2.  ·         Automate ‘routine’ stuff like legal contracts-This while reducing bread/butter business, would help lawyers do more value adding work
  3.  ·         ADR allowing for other professionals such as CA/CS/CWA, who are regulated more strictly
  4.       Simplication of laws, procedures and court/police procedures, so that the common man can represent himself/herself in court and largely via written submissions 
  5.      Restriction on # of matters a lawyer can take at a time(~ceiling on tax audits of CA) so that the culture of adjourments reduces
  6.      Court Management Introduction to address delays in proceedings     

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