After India became a signatory to
the World Trade Organisation, this has ushered in an
era of internationalisation which has resulted in a
demand for professionals who are well-versed with international
laws. Today, with India being one of the fastest growing
economies, corporate and IP are the two fastest growing
areas within the practice.
Ten years ago, the law
practice was largely limited to court rooms, tribunals,
forums and arbitrations. Today’s young lawyers
have multiple options. In addition to practicing in
court rooms, they can chose to become part of corporate
law firms or join a corporate entity as in-house counsel.
There are also some regulators like SEBI which offer
promising career paths to lawyers. With the regulatory
liberalization and Indian corporate economy pacing ahead,
the “corporate law” practice has become
an essential part of Indian business.
Corporate law practice
primarily involves two key requirements of corporate
sectors-advise on compliance with various laws/corporate
governance for their business functioning and transactions
and advice on merger & acquisition, restructuring,
joint ventures and business collaborations/tie-ups.
A corporate lawyer plays role in both these functions
as an advisor and friend to the corporate sector. In
the near future, corporate law offers best prospects
particularly considering that is a significant demand
supply gap which is unlikely to be moderated. Other
promising avenues are IPR laws, tax laws and competition
laws, media laws, real estate laws among others.
Mr. Lalit Bhasin, President
of SILF and managing partner, Bhasin & Co. in an
interview to India Law Journal feels that however though
a large number of students are now opting for white
collar jobs after graduation, it will not lead to a
decline in the number of people joining litigation as
most of the students who join corporate law firms are
from metropolitan cities which represents only a small
fraction of the 800, 000 odd lawyers in our country.
Graduates from the districts and tier two cities generally
end up joining litigation whereby they practice in the
district courts as the scope for corporate law in these
cities is very limited.
A swot analysis of corporate
jobs vis-à-vis litigation reveals a healthy set
of imperatives for both these sectors depending on what
the candidate’s aspirations and support system.
Litigation is preferred by those who have some existing
setup in the field which includes being in the form
of parental practice. It is one area where practitioners
get their brush with fame if they are lucky enough to
get associated with a high-profile case or client. Though
there is a lot of money attached to this area of practice
and the saturation point is considered longer, it takes
atleast five to six years to reach that level though
there still exists some level of uncertainty.
On the other hand, in
the corporate sector, one starts drawing a regular salary
from the very outset. While litigation offers scope
for exposure to a range of issues and cases depending
on your clientele, as a part of the legal cell of a
corporate entity, chances are that lawyers would tend
to be streamlined into a particular area. A contract
lawyer advises the firm on a range of issues and drafting
the crucial papers and legal documents for these. Contract
negotiation and drafting forms the bread and butter
of corporate law. It also involves drafting a company’s
constitution, sponsorships, agreements, shareholder’s
agreements, joint ventures and partnership rules among
other things.
According to Mr. Diljeet
Titus, managing partner, Titus & Co., litigation
is the last frontier when governmental, business or
personal relationships are in need of resolutions and
is perceived by many to be destructive. Corporate or
transactional law is where relationships begin. It is,
therefore, generally thought to be the constructive
side of the practice of law. However, even on the transactional
side, if contracts are not properly and fairly drafted,
it would lead to situations resulting in litigation.
Therefore, the work of a transactional lawyer is more
onerous as he seeks to minimize or prevent litigation.
Thus
the robe-clad barrister is history. In an all new avatar,
a corporate lawyer is a business consultant, an arbitrator
and a deal-maker, all rolled into one. For a multinational
coming into India for the first time, lawyers are quite
often the very first from of contact even before the
head-hunter and accounting firm. Today, a corporate
lawyer has to be able to wear a business man’s
hat. Ten years ago, litigation accounted to nearly 80%
of a firm’s work but today 70% of the work of
a corporate law firm is transactional law i.e. framing
water-tight contracts that ensure that clients do not
need to be dragged to court.
_________________________________________________________________
VIKRANT PACHNANDA
is the Founder and Associate Director of India Law Journal.
He is also a 3rd year B.A.LL.B (Hons) student of Gujarat
National Law University, Gandhinagar (Ahmedabad).
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