OECD Workshop on Regulatory Barriers to Competition in Professional Services: Measurement and Reform Experiences EVALUATING RECENT EFFORTS AND MISSED OPPORTUNITIES TOWARDS COMPETITIVE LEGAL SERVICES IN INDIA D R . D A K S H I N A C H A N D R A , F E L L O W, N AT I O N A L L AW S C H O O L O F I N D I A U N I V E R S I T Y, B A N G A L O R E , I N D I A
Introduction to Legal Professional Regulation in India • The Advocates Act of 1961 (“Act of 1961”) is the principal legislation governing Indian lawyers. • The Act of 1961 permits a unitary class of lawyers called advocates licensed to practice the profession of law. (Lawyers Collective v Bar Council of India WP No 1526/1995; Bar Council of India v A.K. Balaji AIR 2018 SC 1382) • Advocates are defined under the Act of 1961 to mean those advocates whose names appear in the state bar council rolls. • The profession is regulated by a self regulatory authority (called the Bar Council of India or “BCI”), assisted by state bar councils, all comprising of lawyer members. • Two defining features of the Indian legal profession : a) a unitary class of professionals vis-à-vis multiple and competing professionals; and b) self- regulation model vis-à-vis a co-regulatory model of regulation.
The Tussle for Dominance • ProfessionalistIndependent Approach
• Competitive- Consumer Approach
• Movement led by bar • Movement steered by the association and authorities Government of India through its various ministries and departments
Turf War • Unauthorised practice of law suits • Entry of foreign firms • Big 4 Accounting and Auditing firms
Concluding Remarks • Recent Push to Competition- Multidisciplinary Accounting Partnerships • To be formed as per Guidelines for ‘Formation of Multi-disciplinary Partnership as per the Chartered Accountants Act, 1949’, 2021 (“MDP Guidelines”) • Company secretaries, advocates, cost and works accountants, architects, and actuaries.