06 May, 2009

RECESSION PROOF:Let lawyers prevail

Diljeet Titus*

From settling company cases to labour disputes and family cases to consumer matters — law professionals seem to be the busiest. Changing economic and social scenario has opened new avenues for them
At present, though the slowdown is looming large over the Indian economy, threatening to stunt the growth of various industries and sectors, legal profession continues to grow. In fact, today, there is momentous workload on the lawyers as there has been a sudden increase in joint venture terminations, closure of wholly owned subsidiaries, branch offices and liaison offices, winding up of companies, filing for bankruptcy, employee downsizing, etc. for which legal assistance is required at each stage. The companies are also regularly taking lawyers’ guidance on restructuring of credit facilities, debt refinancing and restructuring, etc. to minimise the impact of the slowdown.
Further, several companies facing demand-slowdown are trying to get rid of their surplus employees. Lawyers are these days also busy providing opinion on procedure and consequences of retrenchment, company’s liabilities with respect to laid-off employees, calculating compensation packages, representing companies and individuals in labour disputes and so on and so forth.
The credit crunch has also caused regular defaults in payment of loans, dishonoring of cheques, breach of contracts, resulting into a sudden increase in civil as well as criminal litigation.
Additionally, in order to save legal costs, companies and people are now approaching the lawyers for out of court settlement of their legal disputes. Whether things are going well or bad in the economy, there always seems to be plenty of legal work to go around.
Career options
Over the last decade the popular perception of the law degree has changed dramatically. Law has become one of the most lucrative and versatile career options all over the world with lawyers becoming indispensable in the society. A law aspirant today has multifold career opportunities encompassing several emerging and challenging areas to consider while choosing his career options such as:
Private practice/ law firms
The conventional career path for a lawyer is to “go into practice” or join the chambers of a senior lawyer as his junior. The traditional image of a lawyer is based on this career option. Regarded by many as the true calling of a lawyer, this option involves representing and advancing his client’s case through oral argument or written documents such as motions and briefs.
A law graduate opting for litigation has the choice to start his career independently, joining a senior lawyer or may join the litigation department of a law firm with scope for specialisation in criminal law, matrimonial law and so on.
Legal consultants
Legal consultancy is growing as a bright career option. As modern life is becoming more and more complex there are increasing number of corporate, labour, property and family disputes, which can be resolved through out of court arbitration but with proper guidance of a legal consultant. Even before going to a court, the matters like adoption, succession, divorce, etc. need help of experienced legal consultant.
Keeping abreast with the growing need of the legal consultants, many private law firms and consultancy houses are recruiting legal consultants specialising in fields like tax, intellectual property, corporate, matrimonial, etc. Besides, many legal consultants are also opting for self-employment by starting their own legal consultancy firms.
Transaction lawyers
Transaction lawyers are lawyers that specialises in the area of business law and have expertise in drafting, execution, and administration of business documents such as deeds for real estate, employment contracts, merger documents, etc. In short, any type of transaction or series of transactions that affect the ability of the entity to function within the parameters set by laws would fall under the ambit of a transaction lawyer’s work.
With the advent of globalisation and trans-border corporate dealings, the demand for transaction lawyers have increased multiple fold and has created a rewarding career option for law graduates . A large number of companies and law firms are employing transaction lawyers to review business transactions like mergers, acquisitions, takeover, hiving off that the company/client may choose to consider.
Legal process outsourcing (LPO)
India, with its large pool of English proficient lawyers trained in common law, is the favorite destination for the English and American corporations and law firms for outsourcing their large volumes of legal work. Legal outsourcing has opened an all-together new career option for a law graduate to explore and offers significant remuneration.
The array of work of a law graduate in a LPO would range from high-end legal research and drafting briefs, memorandums and commercial contracts to litigation support work like evidence related work and first-level document review.
There is also immense scope for fresh law graduated to work in public and private sector companies as:
In-house lawyers/law officers
A law graduate can also opt to work with the in-house legal department of a company such as GE Capital, ICICI Bank, ITC, IBM, Infosys, Satyam, Wipro, Dr Reddy’s, Biocon, Pricewaterhouse Coopers, KPMG, etc. In-house lawyers play a critical role in the functioning of a company and are responsible for drafting, vetting, negotiating legal documents for the company, ensuring and monitoring compliance with laws and handling legal disputes of a company.
Arbitrators/mediators
Alternate dispute resolution is rapidly developing at national and international level, offering simpler methods of resolving disputes. As a result thereof, there has been a significant growth in the demand of the arbitrator and mediators.
A law graduate can opt to be an arbitrator or a mediator and will be responsible for out of court settlement of business discord, contractual disputes, industrial disputes, etc.
Judiciary
A law graduate has the option to join judicial services and become a Judicial Officer or Judge. Recruitment to the State Judicial Services is made through competitive examinations conducted by the State Public Service Commissions. Successful candidates are appointed as magistrate and munsif. While magistrate presides over criminal court, munsif delivers judgment on civil cases. Promotion may take a person higher up to Sub-Judge, District and Sessions Courts Judge and further to appointments in high courts and the Supreme Court.
The other posts filled through the above examinations are those of Public Prosecutor, Attorney General, Advocate General, Notary and Oath Commissioner.
Government sector
Law graduates may also find job opportunities under the Government of India as Assistant (Legal), Superintendent (Legal), Assistant Legal Advisor, Deputy Advisor, Additional Legal Advisor, Joint Secretary and Legal Advisor and Central government advocates in Bombay, Delhi and Calcutta.
Further, periodic civil service examinations (judicial) are conducted in all the states to recruit legal professionals in state police/revenue/judicial department.
Positions of Legal Secretaries to Assemblies, Legal Assistants in Railway, Staff in the Registrar of Companies, Legal Assistants/Law Officers and Legal Advisors in banking institutions, Presidency Magistrates, Law Inspector, Assistant Government Advocate, Judicial Members of Income Tax, Sales Tax and Excises departments, government advocates are available to law graduates. Also, there is an option to join Labour Officers, Assistant Deputy Labour Commissioners and Labour Commissioners in labour courts.
Law graduates can also work in the legal branch of defense departments such as the Indian Army, Navy and Air Force. They are responsible for conducting courts of enquiry and court martial of offending service personnel governed by the particular legislation acts.
Academic institutions
Pursuing teaching as a career is also a very rewarding option for a law graduate. Those with a good aptitude and taste for teaching can go for LLM and take up job in any university or institute offering law courses to students.
Publishing of journals, magazines and legal books is also an interesting opening for the versatile law graduates.
Media
A law graduate who has an inclination towards journalism and flair for writing may also become a legal correspondent with a newspaper or a news channel.
Remuneration
The salary of a fresh law graduate varies according to the career option that he chooses and the area of specialisation he does. A fresh graduate can normally fetch anywhere from Rs 20, 000 to Rs 60, 000 per month. There are also some corporates that are offering as high as Rs. 13 lakh as initial salary.
The right career choice of a law aspirant from the multiple options mentioned above combined with suitable aptitude can lead to a successful legal career.
*The writer is senior partner in Titus & Co. Advocates
Source:- The Tribune 6 May 2009 Job and Careers http://www.tribuneindia.com/2009/20090506/jobs.htm#7
For any query:- deepakmiglani@hotmail.com

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