Should foreign law firms be allowed into India?
No, says Cyril Shroff, Managing Partner of Amarchand Mangaldas, one of India’s largest law firms.
Amarchand and other large Indian law firms have benefited immensely from liberalization in India. However, when it comes to opening up the legal sector, here’s Mr Shroff touting shibboleths like a good old protectionist from India’s socialist past. Unfortunately enough, Shroff’s self-serving arguments have a pedigree in India. They spring from the same well as Rahul Bajaj’s Bombay Club, or its older cousin, the Bombay Plan, and to that extent are somewhat predictable.
Shroff’s hypocrisy is galling. However, in my opinion, even more appalling is the mediocrity of the writing and the flimsiness of Shroff’s arguments — blanket claims not backed up by any evidence, non-sequiturs galore and a lack of logical coherence. Is this really one of India’s best legal minds?
For instance, take this piece of bombast, “the law ministry’s proposal in its current form cannot be accepted”. Ummm… this proposal cannot be accepted by whom, exactly? Not to be too snarky but the mushy, vague pabulum which characterizes the entire article would fit well here.
Or the “national interest” line that Shroff trots out several times in his essay, almost like a mantra. One wishes that Shroff took the trouble to spell out exactly why the entry of foreign law firms is inimical to India’s national interest.
The tour de force might well be Shroff’s claim that “the sole pressure (behind foreign law firms’ interest) is that of a lucrative market and market access. Nothing else.”
I’m shocked. Shocked! Those greedy, money-grubbing foreign *#$% lawyers! Of course the foreign firms in other sectors that are making a beeline for India are not really interested in market access or such like. Not as long as they keep paying big fees to Amarchand Mangaldas’ and their legal brethren, I presume.
Scour the article closely and you’ll notice that one constituency Shroff hardly mentions are clients, which is telling. Why doesn’t Shroff bother discussing what consumers want, and whether the entry of foreign law firms is in their best interests. After all, that’s the litmus test, isn’t it? But nope. Shroff takes it upon himself to declare that there is no pressing need to permit the entry of foreign firms.
When it comes to his next essay, I suggest that Shroff take a page or two from Bastiat. At least, we’ll have something to laugh about.
The original article isn’t accessible on the Business Standard web site , thanks to linkrot. I’ve reproduced Shroff’s article in full after the fold (emphasis mine).
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