Globalization, Impact on Legal Practice & Consulting

Written as a note of recollection from March 2020 to now.

“Globalization is a process in which geographic distance becomes less a factor in the establishment and sustenance of border-crossing, long-distance economic, political, and socio-economic relations.” – Rudolphus Lubbers [1].

Regardless of whether globalization affects a nation at a macro or micro level and its degree thereto, it informs, influences, and changes that nation’s law, legal practice, and thinking in one way or another. The legal profession requires plenty of interpersonal skills and its practice is based on constant research and analysis which improve when there is higher visibility and industry communication through government/regulatory authority introducing white papers, precedents, seminars, workshops, case studies, blogs, legal journals, interviews, etc. This spread of information to either derive a competitive edge over a new domain/niche or purely to inform the legal community is a natural result of globalization caused by the increase in business by the freer movement man, money, material, etc. from one jurisdiction to another.

It is with the above globalization and sharing of information that law firms and in-house counsel in India have improved and upgraded their practice in the following fields:

Technology: Investing in various digital platforms like contract-legal-document management systems, litigation risk assessment models, digital repository/cloud, e-signature processes, AI/ML powered for contract automation, compliance form generation, chatbots for common queries, etc.

Administration: Implementation of digital timesheets, improved billing software, and employee portals for checking benefits, and firm websites.

Practice: With the opening of the domestic and global economics, relaxation of rules and clarifications received from the Bar Council of India over the years have developed the legal practice by facilitating Indian law firms to enter partnerships and joint ventures with foreign law firms with the setting up of offices/branches under common or either of their banners. Establishment of domestic and international project/liaison offices in cases of project finance activities. Internet tools such as online billing, conferencing, learning, and productivity management software have greatly assisted the global practice for its support functions of accounting, administration, and client handling.

With the advent and increasing popularity of ADR, several lawyers across jurisdictions of the USA, UK, India, Singapore, etc. have shifted focus from being practicing litigators towards gaining licenses and experience hours as arbitrators and mediators to settle disputes privately and outside courts. This has also led to the formation of ADR associations and dispute resolution centers specific to certain countries or industries.

Legal outsourcing offices to conduct various routine legal vetting, diligence, and filing activities have also been outsourced to Indian law firms from foreign companies/law firms. Instead of setting up individual law offices and chambers, firms have also explored the German concept of co-working spaces to house multiple firms.

The practice has also changed with the advisory and assistance given by lawyers to the various courts in the country in the setting up of virtual courts, legal databases, and e-filing methods. Globalization has changed every facet of legal practice in different magnitudes. Right from conducting hearings on Zoom to buying e-stamp paper due to the closure of the government due to COVID-19.

All the above ideas are a direct result of the inspiration and adaptation of the technology, human efficiency model, and best practices as observed by the Indian legal fraternity at the global level.

[1] Former Prime Minister, Netherlands, 1998.

Art: "The Departure of the Pilgrim Fathers in the Mayflower" by Bernard Gibble.