Extent of Professionalisation of Legal Professionngocthanh
The Raghavan Committee summarized the impact of the existing regulatory system on professional services. Legal restrictions on law and self-regulation have the combined effect of depriving professional enterprises of opportunities and growth, limiting their desire and ability to compete globally, preventing the country from benefiting from India`s considerable expertise, and excluding consumers from opportunities for free and informed choice. While an optimistic view of the capabilities of artificial intelligence would consider any task performed by humans to be routine and therefore automatable, a particular peculiarity of professional services – as opposed to services provided by laymen – should not be overlooked, namely, as Abel puts it: In civil law countries, but also in some common law jurisdictions, there is a bar for all lawyers. who want to provide services to the public. But in the UK and some of its former colonies, there are two very different types of lawyers who provide legal services to the public. Many of the skills that lawyers need in their role as the vanguard of secular values are at the heart of what the profession calls its expertise, that is: 1) a clear doctrinal understanding of the rules;78 2) clarity of communication on legal issues (including communication with laymen);79 and 3) an understanding of people and their conflicts.80 While the first skill required is bread and tear. The last two skills – or groups of skills – can be learned mainly on the job, for example (depending on the legal education system) in the context of summer internships, student jobs, in the context of the second state examination or vocational training (advokatfuldmægtig- or dommerfuldmægtiguddannelse). 2. The Order of India Regulations 1975, chapter III, Rule I, prohibit lawyers from entering into a partnership or other arrangement to share remuneration with any person or lawyer who is not a lawyer. Lawyers cannot work with non-lawyers. At first glance, there does not appear to be any pro-competitive justification for such a regulation. Such a measure impeded the provision of services to the consumer and was anti-competitive. The absolute obstacle has been removed to some extent by the Institute of Chartered Accountants allowing links between lawyers and auditors.
3. The regulatory and legal system of India has the effect of limiting the size of the legal establishment. Section 11 of the Companies Act 1956 provides that a partnership or any form of association of more than 20 members, if not registered as a company, is an illegal meeting. 4. In India, only a natural person can practice law, such as the combined reading of sections 24, 29 and 33 of the Lawyers Act, and artificial bodies cannot act as a lawyer. Such a restriction is justified on grounds of public policy, in particular to ensure professional liability. A legal service provider cannot be incorporated and, in practice, prosecute the legal profession in India under the provisions of the Lawyers Act, 1961. How can this be achieved? As the sociology of professions indicates, the desire of a profession to increase its social status and to be part of society`s elite is encompassed in the “collective social mobility” program.43 This means that no elite legal training is required. In order to increase the social position of lawyers and thus increase confidence in the legal product and its value, legal education must only contribute positively to the fact that some of its graduates reach elite positions and, if they do, contribute to the image of lawyers in a way that increases public confidence in the legal commodity. This means that it is both desirable and possible to develop the skills of law students to analyze from a social science and ethical perspective how the legal profession works and should ideally function in society. The main target group for the reform of legal education is therefore not professional associations or the Bar Association; It is the general public.
Case law needs to do more publicity to convince the public that lawyers act as secular guardians of society`s values and as vanguards in the struggle of social groups for social justice. The independence of external legal service providers relates to the organization`s ability to control them. By improving the organization`s ability to oversee purchased legal services, in-house legal counsel can reduce the ability of external providers to compromise their independence. Sometimes in-house legal counsel may require external providers to be independent. In other cases, their influence on who and when they hire in the external market may reduce the willingness of external suppliers to exercise their independence. In-house counsel also reduce the ability of external providers to be independent by inhibiting personal relationships with members of the organization or limiting the response time of external suppliers or the problem posed. By retaining the power to select external providers, define the objectives of their work, and define the problem that is the subject of the legal work, organizations control the legal services they acquire in the marketplace, thereby reducing the professional independence of external providers (Kagan and Rosen, 1985). Globalization can also be seen from a different angle from the growing interdependence and intense interaction between nations and through the pressures of the nation-state, through transnational phenomena, etc. It has been defined as the expansion and deepening of the links of the national economy with the world market for goods, capital and special services. The concept of globalization has given rise to a growing trend towards the universal homogenization of ideas, cultures, values and even ways of life. Needless to say, legal services and the legal profession cannot be affected by this changing world order? If such a previously monopolized task can be automated, the arguments that ensure consumer dependence lose their power, and the demystification of the professional product associated with the task threatens this community to deprofessionalize its merchandise.15 To stay in the examples, automated tax returns can reduce the demand for tax advice from households. When it comes to companies` demand for privacy advice, for example, automated data processing agreement generators can reduce the amount of advice sought from privacy law experts.
However, such automation may affect different branches of the legal profession differently because the tasks differ and part of the workload of a legal task that may still need to be performed by lawyers may vary in size. But how do you determine the general characteristics of the part of the workload that may not be automatable? The name of this profession is solicitor or solicitor in most English-speaking countries and solicitor in many other countries. The name of this profession in canon law is canonist or canonical lawyer. 1. In India, there is an absolute prohibition for lawyers who advertise and advertise for any purpose and specify the area of expertise. Restrictions on advertising by lawyers in India have meant that consumers cannot make an informed choice in the competitive marketplace because they do not have access to information about services. In addition, restrictions on business enterprises to inform potential users of the scope of their services and their potential lead to further distortions of competition. It is not surprising that departments within and between scientific fields differ in the structuring of training programs and the quality of their work. Although successful recruits leave with the same official title (a PhD), their real-world experiences prepare them differently to work productively and steer successful careers. Beyond the impact of the department`s prestige on graduates` careers, the type of graduate study has profound implications for professional development.