PRESENT JUDICIAL SYSTEM IN INDIA
PRESENT JUDICIAL SYSTEM IN INDIA
T.S.V. Diwakar, Advocate & Arbitrator
The Indian Judicial System plays a crucial role in the conduct of the Government and Non-Governmental affairs, especially in formalizing business, trade and corporate interfaces. It is not an exaggeration to say than our Judicial System is the most respected public institution in the Country. Millions around the Country – companies or individuals, high or low, rich or poor – routinely seek justice from its portals and get their due.
The feature of our Courts in most transactions regardless of their nature. Litigation has become very common in this Country. With increasing complexities in the business world, there has also been a concomitant rise in the number of cases involving industrial concerns and enterprises, not the least of which are with the Government over norms and rules governing the conduct of business affairs.
SYSTEM OF JUDICIARY IN INDIA:
The Judicial System in India has three tiers. The supreme of the entire Judicial System is the Supreme Court of India that sits in the capital of the Country i.e. in New Delhi. Being the final Judicial Authority, it presides in Judgment over decisions taken by lower Courts across the Country.
The next level is the High Court, of which there is one in each State and which heads the State's Judicial System. This is the Appeals Court. Under each High Court is the entire labyrinthine of Lower Courts that are established in each District of the State and are headed by the District and Sessions Judge.
The Legal System in Indian is based largely on the English Law. Since the Liberalization in Economy has started in 1991, our Legal System has been undergoing a constant revision to International standards in keeping with Globalisation. Every Corporation is best advised to stay in tune with the changing legalities.
FEE STRUCTURE:
Charging of fixed fee has long been the norm for the majority of our Indian Lawyers. Nowadays Lawyers are becoming more flexible with the changing Economic Scenario. They are willing to look at various options including fixed monthly retainer ships, lump sum fee for transaction, hourly rates etc. Some advocates are also willing to accept fees in kind, for example, stock options in Corporations whose cases they plead. Lawyers also accept a combination of several different options. Since litigation is often protracted, many lawyers work out different charges for the different kind of services delivered during the long drawn out affair.
CHECKING DISPARITY:
Considerable disparity in billing levels exists across the main Commercial Centers and also between various Lawyers, resulting in considerable scope to negotiate rates for each transaction or repeat transactions. Most law firms are litigation law firms and name sake law firms. There is only one law firm in South India i.e. in Chennai, which is a full service law firm. It has the capacity and the expertise to advice the clients on various aspects of law and law related matters. With it, any client can have all legal services satisfactorily under one roof. In Andhra Pradesh i.e. in Hyderabad just started a center for ADR a firm moving one more step providing various aspects of Law and Taxation matters also. All the existing clients expressed their full satisfaction.
PROMOTIONAL ACTIVITY:
Presently, our Indian Lawyers are banned from publishing their services. The Bar Council of India rules against Websites and brochures. Therefore even today most of lawyers/law firms get work by word-of-mouth publicity. But, quite like in the medical profession, a good lawyer gains a name rather quickly and soon becomes a much sought after professional.
IMPORTANT TIPS:
The absence of Foreign Law Firms in the Country is one of the most striking aspects of the Indian legal market. Legal Services are still one of the most heavily protected sectors in India all foreign involvement in this sector is strictly outlawed. In today's world, it is very expensive in terms of time, effort and resources to resolve disputes by litigation.
In view of the above, it is highly recommended that the following be dept in mind while engaging legal services.
The ADR methods include negotiation, mediation, conciliation and arbitration as they are low at cost and time saving.
If litigation seems like the only option, insist a commitment from your lawyers with regard to response time, promptness of service, accessibility of the key lawyer, commitment to avoid unnecessary delay etc.
Try to be present at all times when your case comes up for hearings as also when your lawyer meets with the opposing counsel.
Firms, which do not keep space with changing technologies, would not be in a position to provide quick and accurate updates to your legal needs.
Also, ensure that the firm offers a prompt, practical and efficient service. Unnecessary delay on the part of the firm would further add to your grievance
T.S.V. Diwakar, Advocate & Arbitrator
The Indian Judicial System plays a crucial role in the conduct of the Government and Non-Governmental affairs, especially in formalizing business, trade and corporate interfaces. It is not an exaggeration to say than our Judicial System is the most respected public institution in the Country. Millions around the Country – companies or individuals, high or low, rich or poor – routinely seek justice from its portals and get their due.
The feature of our Courts in most transactions regardless of their nature. Litigation has become very common in this Country. With increasing complexities in the business world, there has also been a concomitant rise in the number of cases involving industrial concerns and enterprises, not the least of which are with the Government over norms and rules governing the conduct of business affairs.
SYSTEM OF JUDICIARY IN INDIA:
The Judicial System in India has three tiers. The supreme of the entire Judicial System is the Supreme Court of India that sits in the capital of the Country i.e. in New Delhi. Being the final Judicial Authority, it presides in Judgment over decisions taken by lower Courts across the Country.
The next level is the High Court, of which there is one in each State and which heads the State's Judicial System. This is the Appeals Court. Under each High Court is the entire labyrinthine of Lower Courts that are established in each District of the State and are headed by the District and Sessions Judge.
The Legal System in Indian is based largely on the English Law. Since the Liberalization in Economy has started in 1991, our Legal System has been undergoing a constant revision to International standards in keeping with Globalisation. Every Corporation is best advised to stay in tune with the changing legalities.
FEE STRUCTURE:
Charging of fixed fee has long been the norm for the majority of our Indian Lawyers. Nowadays Lawyers are becoming more flexible with the changing Economic Scenario. They are willing to look at various options including fixed monthly retainer ships, lump sum fee for transaction, hourly rates etc. Some advocates are also willing to accept fees in kind, for example, stock options in Corporations whose cases they plead. Lawyers also accept a combination of several different options. Since litigation is often protracted, many lawyers work out different charges for the different kind of services delivered during the long drawn out affair.
CHECKING DISPARITY:
Considerable disparity in billing levels exists across the main Commercial Centers and also between various Lawyers, resulting in considerable scope to negotiate rates for each transaction or repeat transactions. Most law firms are litigation law firms and name sake law firms. There is only one law firm in South India i.e. in Chennai, which is a full service law firm. It has the capacity and the expertise to advice the clients on various aspects of law and law related matters. With it, any client can have all legal services satisfactorily under one roof. In Andhra Pradesh i.e. in Hyderabad just started a center for ADR a firm moving one more step providing various aspects of Law and Taxation matters also. All the existing clients expressed their full satisfaction.
PROMOTIONAL ACTIVITY:
Presently, our Indian Lawyers are banned from publishing their services. The Bar Council of India rules against Websites and brochures. Therefore even today most of lawyers/law firms get work by word-of-mouth publicity. But, quite like in the medical profession, a good lawyer gains a name rather quickly and soon becomes a much sought after professional.
IMPORTANT TIPS:
The absence of Foreign Law Firms in the Country is one of the most striking aspects of the Indian legal market. Legal Services are still one of the most heavily protected sectors in India all foreign involvement in this sector is strictly outlawed. In today's world, it is very expensive in terms of time, effort and resources to resolve disputes by litigation.
In view of the above, it is highly recommended that the following be dept in mind while engaging legal services.
- Approach a full service law firm as opposed to an individual lawyer or a group of lawyers called a law firm. A full service law firm will have the expertise in all branches o law / legal activity, and therefore one can get comprehensive advice / legal services under one roof.
- Check the track record of the law firm in executing works similar to the work you propose to entrust them with. This can be done by asking around in the market, doing a little research and requesting the firm to furnish such information.
- Ask for references / clients list and, if time permits, then double check before engaging the law firm.
- Fix the expenses in advance (including lawyers fees, court / process expenses and all other out-of-pocket expenses) etc.,
- If the case is one, which may involve a court's interfaces then it is advisable to resort to Alternative Dispute Resolution (ADR) methods at first instance.
The ADR methods include negotiation, mediation, conciliation and arbitration as they are low at cost and time saving.
If litigation seems like the only option, insist a commitment from your lawyers with regard to response time, promptness of service, accessibility of the key lawyer, commitment to avoid unnecessary delay etc.
Try to be present at all times when your case comes up for hearings as also when your lawyer meets with the opposing counsel.
- Keep in constant touch with the law firm and develop a personal repo with lawyers involved in your case.
- Hire a law firm which has extensive facilities like proper office work space, modern communication equipment including computers, printers, fax machine, internet, research facilities like a extensive library, online as well as CD Rom based research resources and the support staff for its lawyers. This will enable prompt execution and instant communication.
Firms, which do not keep space with changing technologies, would not be in a position to provide quick and accurate updates to your legal needs.
- Legal services like any other professional enterprise relies on customer care and service. If the firm you have approached does not extend the courtesy due to you, avoid engaging such a firm.
Also, ensure that the firm offers a prompt, practical and efficient service. Unnecessary delay on the part of the firm would further add to your grievance
- Hire the lawyer/law firm that brief's you in detail about the gray areas in your case, and the strategy that would be followed to counter it.
- Engage a law firm with offices in other states/cities if the work to be entrusted involves tasks to be done in various cities / judiciaries.
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