Globalisation Of Legal Industry
Globalization:
There is no specific term as to the meaning of Globalization (G11N ). Different dictionaries give different meaning of the word 'globalization'. However the term globalization is used in many contexts referring to particular industry. In the business and financial context it would mean that the increase of trade around the world, especially by large companies producing and trading goods in many different countries or a Tendency toward a worldwide investment environment, and the integration of national capital markets .
IMF defines globalization as 'the process 00004000 through which an increasingly free flow of ideas, people, goods, services, and capital leads to the integration of economies and societies. Major factors in the spread of globalization have been increased trade liberalization and advances in communication technology' .
Globalization (globalisation) describes an ongoing process by which regional economies, societies, and cultures have become integrated through a globe-spanning network of communication and execution.
In general globalization is the a governmental policy favoring free trade, open borders, the free movement of capital and goods (but not always of people), elimination of tariffs and price controls (including artificial control of currency values), and the privatization of publicly-owned or controlled enterprises
Factors that have contributed to globalization include increasingly sophisticated communications and transportation technologies and services, mass migration and the movement of peoples, a level of economic activity that has outgrown national markets through industrial combinations and commercial groupings that cross national frontiers and international agreements that reduce the cost of doing business in foreign countries. Globalization offers huge potential profits to companies and nations but has been complicated by widely differing expectations, standards of living, cultures and values, and legal systems as well as unexpected global cause-and-effect linkages. See also free trade .
Today, it has become possible that setting up of manufacturing units in the country where the labor is cheap and selling the goods all over the world. There also a growth in the services sector.
Although world globalization is popularly used today , elements of globalization can be found when the companies started to operate in many countries- elements dates back to 17th century where the companies like British East India company (founded in 1600) and Dutch East India company started to operate.
Dutch East India Company (Vereenigde Oostindische Compagnie or VOC in Dutch, literally "United East Indies Company") which was founded in 1602 was the World's First Multinational Corporation to be owned by investors through the issuance of stock equity It was also the first MNC to start a stock exchange in Amsterdam in 1602 .
However modern globalization began when great depression in the international trade took place in 1930s and various countries imposed import restrictions for safeguarding their economies. The USA made many proposals for extending international trade & employment. In 1947, 23 countries signed an agreement (GATT- general agreement on tariffs & trade) related to tariffs imposed on trade.
On 1st January 1995, the WTO replaced GATT, which had been in existence since 1947, as the organization overseeing the multilateral trading system. Upon signing the new WTO Agreements, members of GATT became the WTO members.
The World Trade Organization (WTO) which consists of 153 member nations deals with the rules of trade between nations at a global or near-global level. WTO is an organization for liberalizing trade, a forum for governments to negotiate trade agreements, and a place for WTO members to settle trade disputes.
Today's Globalization is the result of WTO, fair treatment and the non discrimination is the main principals of WTO.
Globalization of Legal Industry:
Globalisation of legal Industry refers to the opening of legal market/industry in the country to the other nations so that they can set up law firm and offer consultancy services, practice law.etc
Globalization of Law:
Todays modern law passed by the countries in relation with the business, Intellectual properties, corporate law, banking, Internet law reflects the laws of many nations. Amendement to the these laws are carried out to accommodate such changes.
Legal education today is shifting from traditional methods of teaching to more innovative approaches. As we see in many country law schools the law subjects are similar to the other countries as to the basics of law, jurisprudence.
There is also an International law which governs the International Treaties, agreements. Intrnational law today is weak in context of enforcement,compared to the domestic law. As the nations are members of United Nations, sanctioning countries in violition with the International Law lies with the Security council.
Globalization of Legal Profession:
The history of legal profession dates back to the ancient Greece and Rome. Earlier the individuals were supposed to plead their own cases, which was soon bypassed by the increasing tendency of individuals to ask a "friend" for assistance. However, around the middle of the fourth century, the Athenians disposed of the perfunctory request for a friend.
In 204 BC , a law enacted by Romans, barred the advocates from taking fees.Later it was abolished by Emperor Claudius, who legalized advocacy as a profession and allowed the Roman advocates to practice openly
Today one needs to complete the law education approved by the Bar council and has to pass the bar exams of particular state and enroll before the sate to practice in the state.
However, the liberalization in the legal profession has made an individual/lawyer to practice law in other country.
1.England and Wales:
There are about 10,000 Barristers and 60,000 of solicitors in England and Wales today. The General Council of the Bar (known as the Bar Council) and other laws govern the barristers in UK and the Law Society of UK governs the Solicitors in UK. Only the Solicitors and Barristers are allowed to practice in the UK.
Practice of law by foreign lawyer:
Even the Foreign Lawyers eligible to be enrolled as the Solicitor of in England and Wales if he get through in the qualified lawyers of transfer Test(QLTT)
The Qualified Lawyers' Transfer Test (QLTT), England 's official transfer exam for foreign attorneys. It is a test in which candidates are expected to demonstrate a basic familiarity with English statutes, cases, practice rules and the principles of common law. QLTT Exams are conducted in many countries annually. The test covers four heads (subject areas): Head 1 - Property, Head 2 - Litigation, Head 3 - Professional conduct and accounts, Head 4 - Principles of common law. There are exemptions to certain countries on this. Generally lawyers from common law countries who have studied their law in English medium needs to sit for professional conduct and accounts ( head 4 ) exam only. However most of the US attorneys need to get through in head 1, 2, and 3 also.
2.Singapore:
As on 2006,there were about 3,476 advocates and solicitors in Singapore. The Law Society of Singapore governs the represents solicitors and maintains and improves standards of conduct and training.
The Legal Profession Act (1967) governs the legal profession in Singapore.
Foreign lawyers are regulated by the Attorney General's Chambers . The AG's chamber registers and regulates foreign lawyers. It also formulates laws, rules, guidelines and policies relating to joint law ventures, formal law alliances, representative offices, foreign law firms and foreign lawyers practicing in Singapore and advises on the practical application of the laws governing the legal profession.
Foreign lawyers are required to register individually with the Attorney General's Chambers in Singapore. Foreign lawyers cannot be sole practitioners and must work as employees, partners or directors in one of the following practice vehicles: As a foreign law firm, A Joint Law Venture ("JLV"),A Formal Law Alliance ("FLA"), As a foreign lawyer in a Singapore law firm.
3. South Africa
There are approximately 13 000 practising attorneys . Law Society of South Africa and regional law societies regulates advocates (barristers) and attorneys (solicitors).
According to section 15(1)(b)(iii) of the Attorneys Act, only the south African LLb holder is allowed to practice in the country. The Act also makes permanent residency or citizenship prerequisite as well as the passing of the South African Attorney's Admission Examination prerequisite to the admission as attorney in South Africa.
There are certain exceptions to this rule. The Attorneys Act itself relaxes admission requirements with regard to candidates hailing from certain designated countries do not have to serve as candidate attorneys and can be exempted from the need to obtain a South African LLB degree as well as from the need to sit for the South African Attorneys admission examination
Foreign lawyers may establish under home title (e.g. as a Solicitor of England & Wales or as Attorney in USA) and are permitted to practice home and international law. In addition, they can also practice: international finance, project management, and arbitration.
Certain work relating to litigation, appearance in court and conveyancing can only be conducted by South African attorneys. Foreign firms are not permitted to practise local law or to enter into partnerships or fee-sharing arrangements with South African firms. Foreign law firms today have hired.
To practise local law, a foreign lawyer must requalify as a South African attorney. In order to be admitted as an attorney, an individual must have: an LLB degree from a South African university, two years' service under articles of clerkship with a South African firm of attorneys, successful completion of the attorneys admission exam, South African citizenship or a permit for permanent residence in South Africa, Foreign lawyers must, in addition, attend a training course recognised by the provincial law society and then apply for admission as an attorney .
Changes to the regulation of the legal professions, including the recognition of foreign legal qualifications, are planned. It is likely that a panel will be established to evaluate foreign qualifications under the long-awaited Legal Practice Bill which is released for comment and a draft in progress.
4.UAE
In UAE, Foreign lawyers can practice local law, but only a Dubai national can appear in court in Dubai.
A lawyer who is a national of one of the other Arab Gulf Cooperation Council countries can in certain circumstances obtain a licence to practise and to appear in the Dubai and UAE courts. Practising lawyers have to be licensed to practice law in the Federal courts by the Ministry of Justice and by the Emiri Diwan in the other Emirates. Lawyers must be graduates of a recognised law/Shariah college. The UAE is a member state of the WTO and has scheduled commitments to liberalise its legal services sector under the General Agreement on Trade in Services (GATS).
There are many foreign law firms in UAE today recruits the lawyers from UAE for their practice in UAE courts .
5.Oman
Royal Decree 108 of 1996 regulates the legal profession in Oman. There is no independent bar association or law society. The ministry of Justice maintains a committee to regulate the activities of domestic and international lawyers.
Foreign lawyers are overseen by and required to be registered with the Ministry of Justice in accordance with Royal Decree No. 108/96 regulating the conduct of the legal profession in Oman. Foreign lawyers are required to be licensed to practice in Oman by the Ministry of Justice. At present foreign lawyers can advise on Omani law and if they speak Arabic they can appear before the Omani Courts. Foreign law firms were previously, pursuant to Royal Decree No. 108/96, required to introduce Omani partners into their practices by 31 December 1999. However with the introduction of Royal Decree No. 16/2000, the foreign law firms who had been granted licenses prior to the date of introduction of this law have been given a further extension of 3 years whereafter they will be required to form partnerships with local lawyers in order to establish or have an office in Oman.
6. Abu Dhabi
International law firms can apply for a license directly from the Executive Council in Abu Dhabi. Firms established outside of the UAE will be able to set-up branches in Abu Dhabi provided they satisfy certain conditions. Such as:
1. To have practiced law outside of the UAE for at least 15 years;
2. To have, in aggregate, at least 50 partners;
3. To obtain the consent of the Executive Council of the Government of Abu Dhabi (the "Executive Council"); and
4. To register the branch with the Abu Dhabi Department of Planning and Economy.
The application to the Executive Council must be accompanied by the following documents:
1. A "statement of capabilities" or a "CV" of the firm, containing the type of activities carried out by the main branch, the areas of specialisation and past experience
2. A certificate from the official body under whose supervision the main branch works (such as the "Law Society" or "Bar Association").
3. A Resolution by the firm's management to open a branch in Abu Dhabi, specifying the name of the resident partner(s) who will manage the branch;
4. A certificate issued by a bank indicating the financial status of the main branch,
5. The CVs, academic qualifications and professional licenses issued to the legal consultants selected to reside in Abu Dhabi, who may not be less than five, including one or more partner;
6. A draft plan for training and qualifying UAE law school graduates to carry out legal consultancy work, including training them at the main office, and
7. An undertaking from the managers of the main branch that the Abu Dhabi branch will carry out its activities according to the highest professional standards. .
7. California
There are over 160,000 active lawyers in the State of California. Only the lawyers who have passed the bar exams and enrolled before the California bar council are allowed to practice in California. Lawyers from the other states of California can take up the Bar exam and enroll before the bar council of California to practice in California.
Solicitors qualified in England and Wales can sit for bar examination on the basis of the solicitor qualification (Rule 4.30 of the Rules of the State Bar.)
An alternative route for foreign lawyers to practice in California is available via a Foreign Legal Consultant license which permits foreign lawyers restricted legal practice within the State on the basis of their home country qualifications and experience. A Foreign Legal Consultant in California may provide legal services relating to the law of the country in which they are licensed to practice law. They must file an annual report with the State Bar of California and an annual renewal fee. Foreign Legal Consultants are subject to certain restrictions: they cannot provide legal advice on the law of the State of California nor on the laws of the USA; they cannot appear in court as an attorney for anyone other than himself or herself;
There are also restrictions on the type of work a Foreign Legal Consultant may do, mainly relating to property, probate and family law.
The State Bar of California may issue a license to practice as an Foreign Legal Consultant to lawyers who: are a member in good standing of a recognised legal profession in a foreign country; who are admitted to practice as an attorney or equivalent and subject to effective regulation and discipline by a duly constituted professional body or public authority; who have been engaged in the practice of law for at least four of the six years immediately preceding the application.
Applicants must supply proof of admission to practice in their home country and evidence of educational and professional qualifications. The 2003 California Rules of Court set out the rules for Foreign Legal Consultants under Rule 988.
8. New York
There are over 147,000 resident and active lawyers in the State of New York. It is re 00003AE3 quired to pass the Multistate Professional Responsibility Examination (MPRE), and a character and fitness investigation to qualify as an attorney in New York. The New York State Board of Law Examiners administers the bar exam. It is open to graduates of US and foreign law schools, although rules vary depending on whether the law school is an ABA-approved US law school, a non-ABA approved US law school or a foreign law school (see below for special provisions relating to graduates of foreign law schools).
Section 520 of the Rules of Courts of Appeals outlines the eligibility rules for candidates to sit the New York State bar examination.
Lawyers with foreign law degrees may qualify to take the bar examination under the rules outlined in section 520.6 of the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law.
New York requires that candidates who have received their legal education outside of the USA demonstrate that their legal education is the qualitative and quantative equivalent of the legal education requirements to those who have received their legal education in the USA.
If a candidate has qualified as a lawyer in an English common law jurisdiction the programme of study must be the quantative equivalent of legal education at an ABA-approved law school. If not, applicants must complete a programme of a minimum 20 credit hours at an ABA-approved law school.
Solicitors qualified in England and Wales must have 3 years' formal education in order to sit the New York State bar examination. Solicitors who have qualified via the Common Professional Examination (CPE) route are not recognised as having an adequate legal qualification in order to sit the bar examination. These candidates must complete an additional 20 hours of study.
Candidates must provide proof of admission to practice in the jurisdiction in which they are qualified, or if not admitted, proof that they have successfully completed the educational requirements needed to practice in that jurisdiction. For applicants from England and Wales, this means proof of their law degree, Legal Practice Course (LPC) and completed training contract.
A Foreign Legal Consultant license allows lawyers qualified in a non-US jurisdiction to provide legal services in the State of New York on their home country law or the laws of other jurisdictions in which they are qualified.
Foreign Legal Consultants are subject to certain restrictions: they cannot provide legal advice on the law of the State of New York nor on the laws of the USA; they cannot appear in court as an attorney for anyone other than himself or herself; they cannot hold themselves out as a member of the New York State Bar.
There are also restrictions on the type of work a Foreign Legal Consultant may do; mainly relating to property, probate and family law.
The Supreme Court may issue a license to practice as a Foreign Legal Consultant to lawyers who: are a member in good standing of a recognised legal profession in a foreign country; who are admitted to practice as an attorney or equivalent and subject to effective regulation and discipline by a duly constituted professional body or public authority; who have been engaged in a practice of law for at least three of the five years immediately preceding the application.
Applicants must intend to ptactice as a legal consultant in the State of New York and maintain an office for this purpose. They must supply proof of admission to practice in their home country and evidence of educational and professional qualifications.
Part 521 of the Rules of the Court of Appeals for the Admission of Attorneys and Counselors at Law covers the rules regarding Foreign Legal Consultants.
9. Texas
There are approximately 70,000 practicing lawyers in Texas. The State Bar of Texas regulates the profession .One needs to complete Texas bar exam conducted by Texas Board of Law Examiners to qualify as an attorney in Texas and enroll before Texas bar council. The State Bar requires that every attorney completes fifteen hours of continuing legal education each year to maintain an active law license.
Foreign lawyers must demonstrate that the legal education that they have received is the substantial equivalent of the education provided by an ABA-approved law school. Applicants must submit proof of their educational qualifications to a professional credential evaluation service.
Foreign legal consultants:
An alternative route for foreign lawyers to practice in Texas is available via a Foreign Legal Consultant license which permits foreign lawyers restricted legal practice within the State on the basis of their home country qualifications and experience.
Foreign Legal Consultants are subject to certain restrictions: they cannot provide legal advice on the law of the State of Texas nor on the laws of the USA; they cannot appear in court as an attorney for anyone other than himself or herself; they cannot hold himself or herself out as a licensed Texas attorney.
There are also restrictions on the type of work a Foreign Legal Consultant may do, mainly relating to property, probate and family law, and on the name or title of his or her practice.
The Supreme Court may issue a license to practice as an Foreign Legal Consultant to lawyers who: are a member in good standing of a recognized legal profession in a foreign country; who are admitted to practice as an attorney or equivalent and subject to effective regulation and discipline by a duly constituted professional body or public authority; who have been engaged in the practice of law for at least three of the five years immediately preceding the application; possesses the good moral character and general fitness requisite for a member of the Texas Bar; is at least twenty-six (26) years of age; who intends to practice as a legal consultant in the State of Texas and maintain an office for this purpose .
10. Australia
There are approximately 45,000 solicitors and 5,000 barristers in Australia. The Law Council of Australia, governs the legal profession in Australia.
English law degrees are generally recognized in Australia, but further re-qualification may be required depending on individual state's own rules .
Requirement for foreign practitioner registration in Australia/"fly-in, fly-out" rights of foreign lawyers:
The Model imposes a general prohibition on the practice of foreign law in Australia unless the practitioner is an Australian-registered foreign lawyer or an Australian legal practitioner.
However, an overseas-registered foreign lawyer will not be subject to the general prohibition on practicing foreign law in Australia provided the lawyer:
1. practises foreign law in Australia for one or more periods that do not in aggregate exceed 90 days in any period of 12 months, or is subject to a restriction under the Migration Act 1958 of the Commonwealth of Australia that has the effect of limiting the period during which work may be done, or business transacted, in Australia, and
2. Does not maintain a legal office for the purpose of practicing foreign law or does not become a partner or
3. director of a law practice in Australia.
Granting of registration to foreign lawyers
Registration is granted by the relevant state or territory authority and may include conditions or restrictions as deemed appropriate. Under the Model legislation, in order to become an Australian-registered foreign lawyer:
1. the foreign lawyer must be entitled to practise law in a foreign jurisdiction, in that the lawyer is properly registered to engage in legal practice in (that) foreign country by the foreign registration authority for the country;
2. the jurisdiction in question must have an effective system of regulating the practice of law; and
3. the lawyer must be a fit and proper person to be registered as an Australian-registered foreign lawyer.
Permissible scope of practice (including employment issues) of an Australian-registered foreign lawyer:
There are limitations on the scope of practice by an Australian-registered foreign lawyer.
The permissible services are:
1.doing work, or transacting business, concerning the law of a foreign country where the lawyer is registered by the foreign registration authority for the country;
2.legal services (including appearances) in relation to arbitration proceedings of a kind prescribed under the regulations;
3.legal services (including appearances) in relation to proceedings before bodies other than courts, being proceedings in which the body concerned is not required to apply the rules of evidence and in which knowledge of the foreign law of the country in which the foreign lawyer is registered is essential; and legal services for conciliation, mediation and other forms of consensual dispute resolution of a kind prescribed under the regulations.
The Model legislation prohibits an Australian-registered foreign lawyer from appearing in any court (except on his or her own behalf) and from practicing Australian law in Australia except when the lawyer is advising on the effect of an Australian law where the giving of such advice is "necessarily incidental to the practice of foreign law" and the "advice is expressly based on advice given on the Australian law by an Australian legal practitioner who is not an employee of the foreign lawyer".
4.An Australian-registered foreign lawyer is permitted to employ one or more Australian legal practitioners but such employment does not allow the foreign lawyer to practice Australian law in Australia. In addition, the Australian legal practitioners so employed (unless employed in a law firm with an Australian-registered foreign lawyer as a partner with at least one other partner an Australian legal practitioner) must not provide advice on Australian law to, or for use by, the foreign lawyer or practice Australian law in Australia in the course of that employment.
Form of practice of an Australian-registered foreign lawyer:
In general terms, an Australian-registered foreign lawyer may engage in the practice of foreign law in the following ways (subject to any conditions imposed on his or her registration):
1. on his or her own account;
2. in partnership with one or more Australian-registered foreign lawyers and/or one or more Australian legal practitioners;
3. as a director or employee of an incorporated legal practice or as a partner or an employee of a multidisciplinary
4. partnership (provided legal practice in that form is permitted by the relevant state or territory);
5. as an employee of an Australian legal practitioner or law firm; or
6. as an employee of an Australian-registered foreign lawyer.
Applying for registration
An overseas-registered foreign lawyer is eligible to apply to the "domestic registration authority" for the grant or renewal of registration as a foreign lawyer. An application must be made in the approved form and accompanied by the required fees (which are not to be set so as to be greater than the maximum fees for a practising certificate in the relevant Australian jurisdiction). An applicant may also be required to meet any reasonable costs, for example, costs associated with making inquiries into the applicant's qualifications, incurred by the domestic registration authority.
Various matters are to be included in an application for registration, for example:
1. details of the applicant's educational and professional qualifications;
2. A statement that the applicant is registered to engage in legal practice by one or more specified foreign
3. registration authorities in one or more foreign countries;
4. A statement that the applicant, in his or her capacity as a lawyer, is not the subject of disciplinary
5. Proceedings in Australia or in a foreign country, including any preliminary investigations that might lead to disciplinary proceedings;
5. a statement whether the applicant has been convicted of an offence, in which case an applicant is required to provide certain details about that matter.
Various matters are to be included in an application for registration, for example:
1.details of the applicant's educational and professional qualifications;
2. a statement that the applicant is registered to engage in legal practice by one or more specified foreign
3. registration authorities in one or more foreign countries ;
11. China
There about 130,000 lawyers who work in around 11,000 domestic law firms in China. China's lawyers are represented and regulated by the All China Lawyers Association (ACLA) which was founded in 1986.
Foreign law firms have been permitted to maintain representative offices in the People's Republic of China (PRC) since 1992, and recent figures from the Ministry of Justice indicate that 114 firms have chosen to do so. Foreign law firms can establish multiple representative offices in the PRC and a number of firms now have more than one representative office although there are certain restrictions attached to this as outlined below.
China's foreign law firm regulations, set out by its State Council, outline the services that foreign law firms can legitimately provide in China. Foreign law firms are permitted to advise clients on the law of the firm's jurisdiction and on international conventions and practices. Second, they can advise clients on the implications of the Chinese legal environment. Third, they are permitted to form long-term co-operation agreements with Chinese law firms.
Foreign law firms must engage Chinese firms to advise on PRC law and cannot employ PRC lawyers, unless they give up their PRC practicing certificate. Foreign firms cannot form joint ventures with loc 00004000 al PRC law firms. Those foreign lawyers working in China must register annually; and approval of licenses can be a lengthy and bureaucratic process.
In terms of opening up additional representative offices, a foreign firm can only do so when its "most recently established representative office has been engaged in practice for three consecutive years."
UK Lawyers are not able to qualify as Chinese lawyers and the Chinese lawyers are not permitted to sit the Qualified Lawyers Transfer test in England and Wales
In December 2001, China acceded to the WTO and made a number of commitments on the further liberalization of legal services .
12. Hong Kong
The legal profession is made up of solicitors, regulated by the Law Society of Hong Kong, and barristers, regulated by Hong Kong's Bar Association. As in the UK, solicitors enjoy limited rights of audience in the Hong Kong courts. Hong Kong's higher courts are: the High Court; the Court of Final Appeal.
There are currently over 5,000 practicing solicitors and more than 650 firms in Hong Kong. In 2007 there were 49 foreign law firms - 22 of them British and 906 foreign lawyers.
Certain restrictions still apply to foreign lawyers and firms:
1. Foreign lawyers cannot employ or enter into partnerships with Hong Kong solicitors to practise Hong Kong law.
2. A registered foreign firm may enter into an association with a local firm, sharing premises, facilities and personnel, provided that the ratio of foreign lawyers to local lawyers does not exceed 1:1
3. Foreign lawyers and foreign law firms may practise the law of their home jurisdictions or that of a third country, and are subject to the Foreign Lawyers Practice Rules.
4. Anyone offering their services to the public as a practitioner of foreign law, other than a solicitor or barrister, must register with the Law Society of Hong Kong as a foreign lawyer.
To qualify for registration with the Law Society of Hong Kong, foreign lawyer must:
1. be a person of good standing in the jurisdiction in which they qualified
2. must be a fit and proper person;
3. A foreign law firm must be of good standing and must have substantial experience.
Under the Law Society of England & Wales Qualified Lawyers Transfer Regulations, Hong Kong lawyers are still entitled to automatic admission as solicitors in England and Wales on the basis of their Hong Kong qualifications. However, UK lawyers must sit the Qualified Lawyers Qualification Examination (QLQE) to requalify as a Hong Kong solicitor.
13. India
There about One million (1000000) in India. Bar council of India and state bar council rules, regulates the lawyers in the country. A lawyer enrolled in one state is allowed to practice in that state and before the Supreme Court. However, he is not allowed to practice in other state unless he makes an application to the Bar Council of India requesting for transfer of his name from the roll of state bar council where he is enrolled to other bar council within 6 months of his practice in other state.
Although foreign law firms were allowed set up liason office in India, foreign lawyers are not allowed to practice in Indian Courts. Foreign law firms in India today can offer consultancy services to its clients. There are many foreign law firms in India today .
Requalification as an Indian Advocate
It is possible for a foreign lawyer to seek admission as an Indian advocate under the following conditions:
1. if citizens of India, duly qualified, are permitted to practise law on a reciprocal basis in his/her country of nationality;
2. if he/she has a degree from a University recognised by the Bar Council of India
3. if he/she is over 21 years of age;
4. if he/she fulfils any other conditions as laid down under the rules made by the relevant State Bar Council under the provisions of the Advocates Act.
14. Japan
In 2007 there were 23,133 Japanese lawyers (known as Bengoshi) and 230 law corporations in Japan. One needs to pass the competitive national bar exam and candidates must complete an eighteen-month training period organised by the Legal Training and Research Institute (LTRI)to become lawyer in Japan.
Japan liberalised its system in 1995, by allowing local joint enterprises between Japanese and resident foreign lawyers. The 'joint enterprise' arrangement proved unsatisfactory because it denied Japanese bengoshi membership of a major international law firm, whether as a partner or associate. The joint enterprise did not give bengoshi the benefits that full membership of a firm would have brought, in respect of status, remuneration, training, resources and career prospects. Clients could still not obtain the advice they required from a single firm capable of advising them on all aspects of the same transaction. It resulted in three separate organisations (the Japanese partnership, the foreign partnership and the joint enterprise) instead of what would otherwise be a single organisation multi-national partnership.
Since 2005 Japanese and registered foreign lawyers have been able to provide legal services through a single law firm, and foreign law firms have been allowed to employ Japanese lawyers.
Lawyers from foreign countries may be eligible to become foreign special members (Gaikokuho-Jimu-Bengoshi) of the JFBA and advise on the law of the country in which they qualified.
Foreign special members may not practice law within a prescribe rang, such as representation in proceedings at courts, public prosecutor's offices or other governmental agencies or appraisal relating to a law other than the law of the country of primary qualification.
With permission foreign special members may also practise law relating to other countries. In cases involving international arbitration, a foreign special member may represent a client regardless of the case's governing law.
To qualify as foreign special member an applicant must:
1.be a qualified lawyer
2.have three or more years post-qualification experience (up to one year's experience in Japan working for a Japanese lawyer or a registered foreign special member may be credited towards this) not have been disbarred under the laws of their home country or Japan within the previous three years
3.be personally committed and legally and financially able to practise in Japan
4.be able to compensate clients for any damages caused through malpractice
Lawyers from any jurisdiction may sit the bar exam and qualify as a lawyer. However Japanese citizenship is required to serve as a judge or prosecutor.
15. Korea
With about 5,000 members, the Korean Bar Association (KBA) is the main regulatory body for lawyers in Korea. It also represents 14 local bar associations. Membership of the KBA is compulsory for all practicing lawyers.
Under the Korean Attorney-At-Law Act, a foreigner must pass the Korean Bar examination in order to practise as a lawyer in Korea. There is no knowledge of any foreigner actually achieving this.
In order to become a lawyer in Korea, a candidate must pass the Judicial Examination and complete a 2-year training course at the Judicial Research and Training Institute. After finishing the course, the candidate may be appointed as a judge or a prosecutor, or practice law as a private attorney. At the beginning of 2000 the total number of judges was 1,508, there were 1,134 prosecutors but only 3,800 private practitioners. In the last five years this number has nearly doubled to 6,600, however, the underdeveloped legal sector is still seen as a drag on the economy.
Over the past few years, Korea has begun to pursue widespread reform across its criminal and civil justice system. These reforms have had a direct impact on the profile of the legal profession. First, Korea has taken steps to increase the number of its lawyers. Tough bar exams had until recently restricted the supply of new lawyers to around 300 a year, making both firms and lawyers more generalist than specialist. However, under recent changes, 1000 new lawyers are being qualified each year. This has caused some short term problems since there are not enough law firms to provide employment to the new lawyers coming on the market.
Second, expanding the number of Korean lawyers has not addressed the shortage of international legal practice skills that Korea faces. Korea is the 11th or 12th largest economy in the world but has only around 10 firms doing most of the international legal work. Korea is now beginning to tackle this problem by undertaking a limited opening of its legal market.
Foreign law firms are at present not allowed to establish in Korea, nor are foreign lawyers allowed to practise law in Korea. Although, a number of individual foreign lawyers have been widely employed as foreign legal consultants by Korean law firms for over 20 years, they are not permitted to operate independently yet, nor are they subject to any formal registration or enrolment system. The EU Chamber of Commerce estimates that foreign lawyers often fly in to consult with their clients but since they are usually based either in Hong Kong or Singapore, this all adds to the general expense of legal services in Korea.
16. Belgium
The Belgian legal system is based on the civil law tradition.Due to the linguistic division in Belgium, lawyers are either Avocat (French), Advocaat (Flemish) or Rechtsanwalt(German). There are over 6,000 lawyers registered with the French- and German-speaking Bar Association and over 8,400 registered with the Flemish-speaking Bar Association.
There are two federal bars in Belgium : the Ordre des barreaux francophones et germanophones (O.B.F.G.- French- and German-speaking Federal Bar) and the Orde van Vlaamse Balies (O.V.B. - Flemish speaking Federal).
Regulation lies with the local bar association in one of the 27 judicial districts. The bilingual judicial district of Brussels has two bar associations, one Flemish-speaking and one French-speaking.
Belgium implemented the Establishment Directive 98/5/EC. Establishment is permitted for EU, EEA and Swiss nationals who are qualified in these countries. It allows them to give advice in international law, the law of their home country as well as Belgian law. Registration under this directive is with the local bar associations for French and German-speaking and for Flemish-speaking (click on "Lokale Balies").
Legal services by EU, EEA and Swiss qualified lawyers can also be provided cross-border on a temporary basis under the provisions of the Lawyers Services Directive 77/249/EEC. Contrary to the Establishment Directive, there are no conditions of nationality under the Lawyers Services Directive.
Solicitors of England and Wales (and other EU, EEA and Swiss qualified lawyers) seeking to requalify in Belgium can do so in two ways:
1.Through Art. 10 of the Establishment Directive 98/5/EC, under conditions of nationality and after three years of regular and effective practice of French law in France . Applicants need to contact their local bar of registration;
2.Through the Diplomas Directive 89/48/EEC, now incorporated into the Recognition of Professional Qualifications Directive 2005/36/EC, by sitting the relevant equivalence examination administered by the OBFG or the OVB .
17. France
The French legal system is based on the civil law tradition. France has a monist civil code legal tradition with a Latin notarial system. This system was principally introduced under Napoleon following the French Revolution and it superimposed French canonical customary law that had, at heart, the principle of the absolute sovereign.
France is ruled by a strict hierarchy of norms. Highest is the Constitution, followed by parliamentary statutes (les Lois) that also include a sub-hierarchy: institutional act (loi organique), ordinary act (loi ordinaire) and then ordinance (ordonnance).
The executive power has right to enact regulations (rAglements) which are called dAcrets (for Prime Minister and President of the Republic) and arrAtAs (for the rest of the executive branch).
It is internationally renowned for having produced the Napoleonic Code Civil which spread to other parts of Europe and the world.
The French profession of avocat stood at over 47,000 on 1 January 2007. Almost half of the profession practise in the Paris region.
Notaires (civil law notaries) play an important role to play in the French legal system for conveyancing, probate and related family matters. They numbered 8,595 on 1 July 2007.
Regulation lies with the 181 Barreaux (local bar associations). Registration is mandatory to be able to practice
The Paris Bar, with over 17,000 avocats, is by far the most influent ial bar association of all French bars . The 180 provincial bars have organised themselves into the representative ConfArence des BAtonniers to exert some influence on the evolution of the profession.
The Conseil National des Barreaux, created in 1990, is the overarching national body for all French bars and deals with the following functions:
1. representation of the profession of avocat in France and abroad;
2. harmonisation of rules and regulations for the profession of avocat;
3. professional training for avocats;
4. access/requalification to the profession of French avocat for foreign lawyers.
France implemented the Establishment Directive 98/5/EC. Establishment is permitted for EU, EEA and Swiss nationals who are qualified in these countries. It allows them to give advice in international law, the law of their home country as well as French law. Registration under this directive is with the local Barreau.
Legal services by EU, EEA and Swiss qualified lawyers can also be provided cross-border on a temporary basis under the provisions of the Lawyers Services Directive 77/249/EEC. Contrary to the Establishment Directive, there are no conditions of nationality under the Lawyers Services Directive .
18. Germany
The German legal system is based on the Romano-Germanic Civil Law tradition.
The German profession of Rechtsanwalt (lawyer) stood at 142,830 on 1 January 2007.
The German profession of Steuerberater (tax adviser) has also been approved by the Solicitors Regulation Authority (SRA) for the purpose of Multi National Partnerships (MNPs).
Approximately 9,500 lawyers practise as Notar (Civil law notary) in Germany. German law requires their intervention in many business and commercial transactions, as well as in probate, conveyancing and some family matters.
The BRAK (Bundesrechtsanwaltskammer) is the federal regulatory organisation for the profession of Rechtsanwalt. Regulation actually lies with the 27 regional Rechtsanwaltskammern and the one attached to the Bundesgerichthof (Federal Court of Justice) in Karlsruhe. Membership is compulsory.
In addition to the regulatory bodies, the DAV (Deutscher Anwaltverein) is the representative body for its 66,000 RechtsanwAlte members. It has branches throughout Germany as well as in France, Italy and the United Kingdom.
Germany implemented the Establishment Directive 98/5/EC. Establishment is permitted for EU, EEA and Swiss nationals who are qualified in these countries. It allows them to give advice in international law, the law of their home country as well as German law. Registration under this directive is with the local Rechtanwaltskammer.
Non-EU/EEA/Swiss nationals who are however qualified in the EU/EEA or Switzerland can establish in Germany but are restricted to give advice only in international law and the law of their home country.
Legal services by EU, EEA and Swiss qualified lawyers can also be provided cross-border on a temporary basis under the provisions of the Lawyers Services Directive 77/249/EEC. Contrary to the Establishment Directive, there are no conditions of nationality under the Lawyers Services Directive.
Under S 00004000 ection 206 of the Legal Profession Act (Bundesrechtsanwaltsordnung - BRAO), the Federal Ministry of Justice has approved the following foreign professions as being equivalent to the German's lawyer profession and therefore entitled to the right of establishment in Germany to give advice in international law and the law of their home country:Argentina (Abogado),Australia (Barrister, Solicitor, Legal Practitioner),Bolivia (Abogado),Brazil (Advogado),Cameroon (Avocat/Advocate),Canada (Barrister, Solicitor),Croatia (Odvjetnik),India (Advocate),Israel (Orech-Din),Japan (Bengoshi),Mexico (Abogado),Namibia (Legal Practitioner/Advocate/Attorney),New Zealand (Barrister, Solicitor),Russian Federation (Advokat),South Africa (Attorney/Prokureur, Advocate/Advokaat),Turkey (Avukat),USA (Attorney-at-Law),Venezuela (Abogado) .
19. Poland
As on 2006, ther are 22,545 Legal Advisers (Radca Prawny)and 8,990 Adwokat in
Adwokat have a monopoly on representation in criminal matters although they work in all practice areas. The legal advisers work in all practice areas but criminal and can also work in-house. Members of both professions can go into partnership with one another.
The profession of Legal Advisers is regulated by the National Council of Legal Advisers (Krajowa Izba RadcAw Prawnych - KIRP) at the national level and by 19 local Councils at the local level. The profession of Adwokat is regulated by the Polish Bar Council (Naczelna Rada Adwokacka) at the national level and 24 local bar associations at the local level.
Poland implemented the Establishment Directive 98/5/EC. Registration under this directive is with the local bar or council (see above links). European lawyers may choose between the two professional bodies but then become bound by the code of ethics of the body of their choice .
20. Russia
The Russian legal system is based on the Civil Law tradition. Russian lawyers who are called as advocates ('NN), are governed by advocacy act 2002.
Foreign lawyers can practice in Russia and can provide advice on international law and their home law. Foreign practices must register as firms with the Ministry of Justice.
The Russian profession of advocate has been approved by the SRA for the purposes of Multi-National Partnerships (MNPs).
21. Spain
As on 2006 there were 116,394 practicing lawyers in Spain. Local bar associations (Colegios de Abogados ) governs the lawyers in Spain. Only the lawyers registered before these Associations are allowed to practice in the country. There are some relaxations for EU member country.
Spain implemented the Establishment Directive 98/5/EC. Establishment is permitted for EU, EEA and Swiss nationals who are qualified in these countries. It allows them to give advice in international law, the law of their home country as well as Spanish law. Registration under this directive is with the local Colegio.
Globalization of Law firms:
Law firm is an group/organization or business entity formed by one or more lawyers for the purpose of providing legal service and practice to the clients who are need of assistance in civil or criminal cases. Most of the law firms today organized as partnership firms where the partners are joint owners and business directors of the legal operation.
The world's oldest continuing partnership is that of Cadwalader, Wickersham & Taft, founded in 1792 in New York City . According to Alton B.Parker, Marshau and Son is the world's oldest law firm .
In response to the globalization of business law and in order to serve giant, transnational companies, law firms are globalizing their practice. The biggest firms are merging across borders, creating mega practices with several thousand professionals in dozens of countries.
Today, most of the International law firms operate in more than 40 countries including Abu Dhabi , Argentina, Australia, Austria, Aberjian, Bahrain, Belgium, brazil, Canada, chili, china, Columbia, Chez Republic, Egypt, England, France, Germany, India, Hungary, Indonesia, Italy, Japan, Kazakhstan, Malaysia, Mexico, Netherlands, Philippines, Poland, Russia, Saudi Arabia, Singapore, Spain ,Sweden, Switzerland, Taiwan, Thailand, Ukraine, USA, Vietnam, Venezuela. All these possible as the countries were member to the WTO and liberalized their legal services.
Most of the international law firms today hire the legal talent from the country where it has got office as the partners, associates and lawyers. There are also lawyers eligible to practice in 2-3 countries. For example: US lawyer may have license to practice in UK, Australia, and South Africa. All it depends on the eligibility to practice law and enrollment before such bar councils and societies.
Most of the International Law firms receives more than 50% of revenue from the corporate side. International Law Firms Practice areas mainly includes corporate, M&A, Securitization, IPR, Infrastructure, loans and credits, securities, commercial litigation, agreements, contracts, and real estate.
Globalization and LPO (legal process outsourcing):
India, South Africa, Sri Lanka, Singapore, and Malaysia are the major Legal Process Outsourcing destinations in the world. Almost 80% of LPO services are outsourced to India. Outsourcing Legal work to India began in 1995, when the US based Bickel and Brewer opened its office, Imaging & Abstract International (captive LPO and Subsidiary of Bickel and Brewer LLC) in Hyderabad. I & A International dealt with digitalization of the legal documents and creating searchable databases such as to scan, abstract and index documents. Later on, the firm hired lawyers to review documents produced in lawsuits. In 2001, GE was the first company to offshore its in-house legal work in India. Since then a lot of companies have entered the arena in one form or other.
Allen & Overy (UK) and Hammonds (UK) both began outsourcing word processing and document production to India in 2003. Milbank Tweed Hadley & McCloy of the US is outsourcing work in India.
Outsourcing is not a new phenomenon. Driven by the competition and the temptation of cheaper labor, the industry took off in the late 1980's with the rise of outsourcing manufacturing jobs abroad. After the rapid increase in telecommunication, Internet and information technology, outsourcing of white-collar jobs started to take place.
Although LPO providers cannot advise on US and UK law, they can provide assistance to the US attorneys and UK solicitors in Legal Research, E-Discovery, Contract Review, and Litigation support services.
LPO's also have contributed to the idea of Globalization of the Legal Industry.
Source:
http://acronyms.thefreedictionary.com/Globalization
http://dictionary.cambridge.org/define.asp?key=33185&dict=CALD
http://financial-dictionary.thefreedictionary.com/globalization
https://www.imf.org/external/np/exr/glossary/showTerm.asp#91
http://en.wikipedia.org/wiki/Globalization
http://definitions.uslegal.com/g/globalization/
http://encyclopedia2.thefreedictionary.com/globalization
http://www.articlesbase.com/international-business-articles/the-dutch-east-india-company-was-the-worlds-first-multinational-corporation-1278429.html
http://www.experiencefestival.com/a/Dutch_East_India_Company/id/2024886
http://en.wikipedia.org/wiki/Dutch_East_India_Company
http://www.exchange-handbook.co.uk/index.cfm?section=articles&action=detail&id=60613
http://www.wto.org/english/thewto_e/whatis_e/tif_e/org6_e.htm
http://www.wto.org/english/thewto_e/whatis_e/tif_e/fact1_e.htm
http://en.wikipedia.org/wiki/History_of_the_legal_profession
http://www.encyclopedia.com/doc/1O245-legalprofession.html
http://www.qltt.com
www.fleindia.com
www.qltt.in
http://www.collaw.edu.au/Future-Students/Lawyers-Crossing-Borders/Qualified-Lawyers-Transfer-Test/QLTT-Eligibilty/
http://www.lawsociety.org.uk/becomingasolicitor/outsideengandwales/transfertest.law
http://www.sra.org.uk/solicitors/qltt.page
http://www.qltt.co.uk/
http://www.qltt.com/international-english-solicitor/index.htm
http://international.lawsociety.org.uk/ip/asia/596/practise
http://www.sra.org.uk/sra/regulatory-framework/3024.article)
http://www.qltt.com/what_overview.htm
http://www.agc.gov.sg/lps/index.html
http://www.lawinfo.org.za/courts/legal_system.asp
http://www.ialsnet.org/meetings/business/HagenmeierCornelius-SouthAfrica.pdf
http://international.lawsociety.org.uk/ip/africa/568/practise
http://www.info.gov.za/bills/2000/draftlpb.htm
http://international.lawsociety.org.uk/ip/africa/1014/practise
http://www.omanet.om/english/oman2000/sec5/1.asp
http://international.lawsociety.org.uk/ip/africa/1018/practise
http://international.lawsociety.org.uk/ip/americas/612
http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10163
http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10163&id=1304
http://international.lawsociety.org.uk/ip/americas/616/practise
http://international.lawsociety.org.uk/ip/americas/612/practise
Follow this link for rules http://www.law.northwestern.edu/career/llm/documents/NY_FLC_rules.pdf
http://www.ble.state.tx.us/
http://www.texasbar.com/Template.cfm?Section=Home&Template=/ContentManagement/ContentDisplay.cfm&ContentID=14051
http://www.texasbar.com/Template.cfm?Section=Pro_Bono_and_Community_Service&Template=/ContentManagement/ContentDisplay.cfm&ContentID=9163
http://international.lawsociety.org.uk/ip/americas/618/practise
http://international.lawsociety.org.uk/ip/asia/1073/practise
http://www.actlawsociety.asn.au/
http://www.lawcouncil.asn.au/shadomx/apps/fms/fmsdownload.cfm?file_uuid=314C0D0B-1C23-CACD-2253-F19A22E78A87&siteName=lca (Foreign lawyers and the practise of foreign law in
Australia)
http://www.lawcouncil.asn.au/information/foreign-lawyers/foreign-lawyers_home.cfm
http://international.lawsociety.org.uk/ip/americas/618/practise
