time to liberalise india's legal market copy

7/31/2019 Time to Liberalise India's Legal Market Copy

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Contents

Foreword 04

Survey analysis and summary 06

The survey results 08

Methodology 22

Appendix: Survey data tables 23

Allen & Overy LLP 2012

Time to liberalise Indias legal market? | 2012

There is a clear consensusthat the Indian legal marketshould be liberalised, accordingto 96% of respondents.

HITEC city in Hyderabad


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5

www.allenovery.com

Opening a legal marketfully to the world works tothe stakeholders.



Foreword

In almost every area of professional or commercial

life, opening what has previously been a closeddomestic market to foreign participants is

contentious. It involves change and change can be a

threat as well as an opportunity.

Every country contemplating the

opening of its legal market undergoes

a period of intense debate as to the

advantages and disadvantages of

by the change. There are three main

stakeholder groups: the clients; the

government. The debate becomes

harder because cultural values and the

rule of law, for which the legalprofession is custodian, are involved.

The voice of each of the groups is not

always accorded equal coverage or

weight in the media and there can be

ambiguity as to whether there is a

consensus within each group and

what that consensus is. Any initiative

which introduces into the debate hard,

independently developed, statistical

evidence is therefore a useful guide

for productive debate.

I welcome this survey, which has been

conducted by YouGov, an

independent opinion research agency,

at the request of international law

shed light on the current debate about

legal market opening in India, but it

also contributes data which is relevant

to similar debates currently under way

in a number of other countries.

In practice, the opening of a domestic

legal market to foreign participants

which advise large corporations, since

the overwhelming majority of law

home countries are targeting large

corporations, not small enterprises

or individuals.

My own experience at the Japanese

bar indicates that opening a legal

market fully to the world works to the

provided the change is introduced in

an extremely carefully planned way.

By Akira Kawamura, President, International Bar Association

Akira Kawamura

President

International Bar Association

Construction of the Mumbai Sealink


4/21

7

So why do Indian corporates and

the profession itself believe the legal

market should be liberalised? Because

Indian corporates are competing

on a global stage. In total, 90% of

respondents either Strongly agree

or Agree that opening the Indian

legal market will provide easier access

for clients and Indian lawyers to

international legal expertise. Another

89% believe it will provide a wider

choice for clients.

But its not all just about the needs

of Indian corporates. Respondents

also believe (89%) that it will lead to

more career opportunities for Indian

lawyers and will result in improved

legal education, while 80% agree it will

improve pay and work conditions for

So what will the impact be if the

and lawyers? According to 77% of the

respondents, it will be positive or have

no impact. A further 21% believe it will

be negative and 2% dont know.

It is then just a question of how much

liberalisation to allow and when. When

asked about the general principle of

liberalisation, most respondents appear

to err on the side of partial liberalisation

(78%) as opposed to complete

liberalisation of the market (18%).

However, when this is tested further

that the overwhelming majority of

respondents are actually more in

favour of greater liberalisation.

on a stand-alone basis and practise only

foreign law. This rises to 60% when

asked if they should be allowed to open

partnership with Indian nationals, but

again practising only foreign law.

But when asked if they should be

employ and go into partnership with

Indian lawyers, and merge with Indian

foreign law, the number saying yes

jumps to 79% overall. Again, partners

with 84% saying yes.

On both partial and full liberalisation,

the majority, 62%-63%, believe that

this should happen within two years

of new rules being introduced. Very

few of the respondents want to

between just 6% and 9% choosing this

timeframe, depending on the level

of liberalisation.

So if the how and the when have

become clearer, the more fundamental

question of why still remains. While

this has been answered above from

the perspective of all the respondents,

including the private practitioners,

we also asked just the C-suite and the

general counsel what direct impacts

they envisaged for their companies if

the market were to be liberalised.

The answer is clear the largest

number of respondents (71%) believe

it will make their business more

globally competitive. This is followed

by making them better able to defend

their businesses from international

litigation (66%); receiving better

quality legal support (65%); and

easing their companys international

expansion/trade (64%), among others.

Only 11% think there will be no

and general counsel respondents

to the detriment of their companys

own business.

The possibly surprising outcome

of this survey is the large level

of agreement among the major

stakeholders in the liberalisation debate

in India. They believe liberalisation

should happen, that it will have a

positive impact for both clients and

the profession and that it should

happen soon.

I think this is the right time to identify the needsopportunity to prove themselves.

Time to liberalise Indias legal market?| 2012

But the Indian legal market remains

reasons have been put forward over the

years as to why this should remain the

case. However, the debate has tended

to be between senior members of the

profession in private practice. The

views of the Indian corporates, who are

stepping out onto the world stage to

compete with their international peers,

and of younger Indian lawyers, whose

outcome of the debate, have not

been prominent.

In order to understand the views of

all Indian stakeholders in the debate,

Allen & Overy engaged the services of

the independent international research

company, YouGov, to gauge the

opinions of 100 C-suite executives and

100 general counsel from Indias largest

companies on the topic of liberalising

the Indian legal market. It also

surveyed the opinions of 101 Indian

partners and associates from Indias top

YouGov asked questions about:

The quality of legal services provided

by Indian law firms

Whether the Indian legal market

should be liberalised

The extent of liberalisation

The impact of liberalisation

The impact of other legal changes

The timing of liberalisation

The conditions of liberalisation

The responses made for some

surprising reading.

There is a clear consensus that

the Indian legal market should be

liberalised, according to 96% of

respondents. Only 4% of respondents

believe it should not be liberalised at

all. One C-suite executive commented

that he thought there would be protests

was liberalisation, but the survey seems

to suggest otherwise. In response to

nearly all questions, partners from

positive about change than executives

and general counsel 98% of Indian

partners think there should be some

form of liberalisation.

The support for liberalisation is not,

however, because of any perceived

shortcomings in the local legal market

itself 89% of respondents believe the

quality of legal services provided to large

good (56%) or very good (33%).

As one C-suite executive commented:

I think this is the right time to identify

the needs of the industry and should

prove themselves.

of Indian partners think

there should be some

form of liberalisation

98%

Survey analysis & summary

The pace of change in the Indian legal market continues to accelerate.consultancies to advise them on modernising their businesses.

Their clients, Indias leading corporations, are competing on the globalstage and winning.

www.allenovery.com Allen & Overy LLP 2012

C-suite executive


5/21

The survey results

It should be completely liberalised

It should be partially liberalisedIt should not be liberalised at all

16%

C-SUITE

4%

ASSOCIATE

2%

20%27%

PARTNER

2%

GENERAL COUNSEL

7%

13%

78%

18%

4%

78%71%80%

80%

COMPLETEL, PARTIALL OR NOT AT ALL?

TOTAL

The vast majority (96%) agree there

should be some form of liberalisation,

with most people opting for partial

liberalisation (78%) as opposed to

complete liberalisation of the market

(18%). But only 4% believe the market

should not be liberalised at all.

As is consistent throughout the

more pro-liberalisation, having the

largest proportion of respondents in

favour of completely liberalising (27%)

and the smallest proportion saying there

should be no liberalisation at all (2%).

Should the Indian legal marketbe liberalised?

www.allenovery.com

9Time to liberalise Indias legal market? | 2012



6/21

While most respondents say they

favour partial liberalisation, when

becomes clear that the overwhelming

majority of respondents are actually

more in favour of full liberalisation.

to practise foreign law only. This rises

to 60% when asked if they should

employing and going into partnership

with Indian nationals, but again

practising only foreign law.

But when asked if they should be

employ and go into partnership with

Indian lawyers, and merge with Indian

foreign law, the number saying yes

jumps to 79% overall. Again, partners

supportive, with 84% saying yes.

in India to practise foreign

law only?

es

51%Should they be allowed to

employ and go into partnership

with Indian nationals, but to

practise foreign law only?

es

60% Should they be allowed toemploy and go into partnership

with Indian lawyers, and merge

both Indian and foreign law?

es

79%

Which laws should foreign law


HICH LAS PRACTISE B HOM?

FOREIGN LAITH FOREIGN

LAERS

FOREIGN LAONL ITH INIAN

LAERS

INIAN AN FOREIGNLA ITH INIAN AN

FOREIGN LAERS

The desire for liberalisation is not

local legal market. The majority (56%)

of respondents describe the qualityof legal services provided to large

Good. A further one-third (33%)

describe it as Very good, with 11%

describing it as Adequate and 1%

saying it is Poor. There is very

respondent groups.

There is a near-even split between

those who believe the current quality

of legal services provided to large

Acceptable (51%) and those who

feel it Could be better (48%).Interestingly, partners and general

counsel, the people who probably have

the best understanding of the Indian

legal market, are the only groups where

a majority, 51% and 50% respectively,

said the quality Could be better

but again, this is closely matched by

the number of respondents in those

groups who say it is Acceptable

(49% in both cases).

Most people do feel that the quality of

service is improving but the majority

(58%) think only by a small margin

(Getting a little better). Again,partners were most likely to say it was

Getting a little better, with 69%

choosing this option. Associates were

the most optimistic, with 40% stating

the quality of service was Getting a

lot better. C-suite and general counsel

had the highest number of respondents

but with just 14% believing this to be

the case.

quality service

11

vIES ON THE qUALIT OF SERvICE

Very good

Good

Adequate

Poor

Very poor

Dont know

33%

56%

11%

1%

HO GOO? ACCEPTABLE? CHANGING?

51%48%

Acceptable

Could be better

Unacceptable

Dont know

Getting a lot better

Getting a little better

Not changing

Getting a little worse

Getting a lot worse

Dont know

29%

58%

11%

1%

How would you describe

the general uality of

legal serices proided to

large corporations by

How acceptable to you is

the current general uality of

legal serices proided to

large corporations by Indian

o you feel the uality of

serices proided to large

corporations by Indian law

to practise both Indian and foreign law



7/21

Indian legal market to allow foreign

vast majority either Strongly agree or

Agree that it will lead to easier access

to international legal expertise (90%);

wider choice for clients (89%); and

better service for clients on transactions

(78%) and litigation (63%).

There was no clear agreement as to

will be lower than at present, with a

33% versus 44% split between those

agreeing and those disagreeing, while

Indian lawyers were well understood,

with big majorities again Strongly

agreeing or Agreeing that it willlead to more career opportunities for

Indian lawyers (89%); better training

for Indian lawyers (83%); improved

legal education (89%); and improved

pay and conditions for lawyers in

In terms of threats to the top 50

of the most talented Indian lawyers.

There is much more agreement

among general counsel and C-suite

respondents on this point, with 76%

and 68% either Strongly agreeing

or Agreeing. Whereas partners and

associates are more evenly split, with

47% either Strongly agreeing or

Agreeing, and 44% either Strongly

disagreeing or Disagreeing.

However, it was less clear-cut as to

whether respondents agree that work

nor disagree, and 39% Disagree.

While more people Disagree (48%)

away from Indian lawyers, 36%Agree, 1% Strongly Agree and

nor disagree.

In certain ways, respondents believe

75% of respondents believe it will

bring international legal work being

done overseas into India; and 53%

contribute in the corporate and social

responsibility arena.

There is one suggestion that people

overwhelmingly disagreed with that

the image of Indias legal profession as

a noble profession will be damaged.

Over two-thirds (69%) Disagree

with a further 3% Strongly

disagreeing. Just 13% Agree with

this statement, 1% Strongly agree


Given the vast majority of respondents

are in favour of liberalising Indias legalmarket, it is probably no surprise they

believe it will have a positive impact on

the quality of legal services provided to

large corporations in India.

However, as is consistent with other

results, the respondents are less

enthusiastic about letting foreign lawyers

practise only foreign law in India, with

just 47% saying it will have a Positive

impact on the quality of service.

But when it comes to allowing foreign

full liberalisation), those who see theimpact as Positive jumps to 83%.

The explanation for the variance, as

explained above, seems to come from

the large majority of respondents

who agree that allowing foreigners to

practise both international and Indian

law will be a good thing. That is, the

respondents feel that there will be less

positive impact from allowing foreign

law, presumably because even with the

recent increase in international activity

by large Indian companies, their main

requirement from the legal professionremains their need for Indian, not

international, law advice.

Again, partners are the most optimistic

on this area, with 69% saying that

allowing foreigners to practise

foreign law will be Positive and an

overwhelming 90% saying it will be

to practise Indian law through Indian

The impact on the quality oflegal services

General 38%counsel

C-suite 48%

Partner 69%

Associate 44%

General 78%counsel

C-suite 83%

Partner 90%

Associate 84%

47% 83%

18%

33%

7%

9%

2%1% Positive

No impact

Negative

Dont know

Question asked: What impact on the quality of legal servicesprovided to large corporations would each of the following

Question asked: What impact on the quality of legal services provided

POSITIvE, NEGATIvE, NONE?

% SAYING POSITIVE % SAYING POSITIVE

FOREIGN LA ONL INIA LA

13

Other impacts of full liberalisation

agree liberalisation

will lead to more

career opportunities

for Indian lawyers

89%

There is one suggestion that people overwhelminglydisagreed with that the image of Indias legal professionas a noble profession will be damaged.



8/21

Other impacts of full liberalisation

AGREE OR ISAGREE?

Wider choice for clients 12% 77%

4 5 1 1

More career opportunity for Indian lawyers 11% 78% 5% 5% 1

Better training programmes for Indian lawyers who join those foreign

11% 72% 9% 7%

Improved legal education for Indian law students through participation

14% 75% 7% 4%

Easier access for clients and Indian lawyers to international legal expertise 79% 7% 3%11%

10% 12% 9%70%

12% 11% 10%66%

9% 16% 20%54%

outside India will be performed by them inside India6% 69% 10% 15%

at present1 32% 21% 41% 3% 2%

Foreign lawyers will take jobs away from Indian lawyers 1 36% 11% 48% 3%

talented Indian lawyers4% 59% 10% 26% 1

1 44% 14% 39% 1

The image of Indias legal profession as a noble profession will be damaged 1 13% 14% 69% 13%

1 52% 16% 29% 11

Strongly agree Nether agree nor disagreeAgree Disagree Strongly disagree Dont know

Time to liberalise Indias legal market? | 2012 15


5%4% 1 1


9/21

Given the position that large Indian

corporations are carving out for

themselves on the global stage, we

also asked just the C-suite and the

general counsel what direct impacts

they envisage for their companies if the

legal market is to be liberalised.

The answer is clear the largest

number of respondents (71%) believe

it will make their business more

globally competitive. This is followed

by making them better able to defend

their businesses from international

litigation (66%); receiving better

quality legal support (65%); easing

their companys international

expansion/trade (64%); generally

improving the professional nature of

their business (56%); making them

better able to exploit commercial

opportunities in India (51%);

and making them better able to

exploit commercial opportunities

internationally (49%).

Only 11% think there will be no

and general counsel respondents

believe it will harm Indian law

companys business.

The views of large Indiancorporations

IMPACT ON OUR COMPAN

It will ease our international expansion/trade

Makes us more globally competitive

Makes us better able to defend ourselvesfrom international litigation

We will receive better quality legal support

Generally improve the professionalnature of our business

Makes us better able to exploit commercialopportunitites in India

Makes us better able to exploit commercialopportunitites internationally

91

90

89

75

72

65

60

Dont know

71%

71%

68%

64%

64%

67%

64%

65%

54%

58%

52%

51%

48%

49%

8%

10%

10%

12%

1%

General counsel

C-suite

There was a strong feeling among all

respondents that there are a number

of potential reforms, in addition

practise in India, which would have

a Positive impact on the quality of

service provided to large corporations

in India. Most notably, 91% think the

establishment of specialist courts for

commercial dispute resolution will

be Positive.

Similarly, nearly all respondents

(90%) think taking steps to enhance

the credibility of arbitration will be

Positive. About the same number

of respondents (89%) think that

putting in place a system of continuing

professional education will also

be Positive.

operate, such as allowing limited

liability partnerships (75%), allowing

have more than 20 partners (60%), are

all seen as having a Positive impact

on the quality of service provided to

large corporations in India.

Likewise, opening the Indian legal

market to foreign lawyers and law

as being something that will have

a Positive impact on the quality

of legal services provided to large

corporations in India. In fact 75%

will be Positive, again the highest

proportion for any group. The C-suite

are similarly Positive, with 71%

believing it will improve the quality of

service their businesses receive.

The impact of other legal changeson the quality of legal services

IMPACT OF OTHER CHANGES ON qUALIT OF SERvICE

Provide clarity on LLP (limited liability partnership)themselves as limited liability partnerships

Establish specialist courts for commercialdispute resolution

Take steps to enhance the credibilityof arbitration

Put in place a system that requires lawyersto obtain continuing professional education

advertisements in professional news publications

Open the indian legal market to foreign

more than 20 partners

91% 7%

90%

89%

75%

72%

65%

60%

8%

9%

17%

16%

12%

23%

11

11

1

3%

10%

5%

1

21% 2

12% 4%

Question asked: Please state what impact each of the following might have on the quality of legal services provided to large corporations in India.

Postiive

No impact Negative Dont know




10/21

On both partial and full liberalisation,

the majority of respondents

(62%-63%), believe that this should

happen within two years of new rules

being introduced. Very few of therespondents want to wait any longer

6% and 9% choosing this timeframe

depending on the level of liberalisation.

Interestingly, in view of the perceived

better training and improved pay and

conditions), associates tended to be

more conservative than others, albeit

still with only between 10% and 14%

The timing of liberalisation

TIMING OF LIBERALISATION

Question asked: If Indian rules are changed to permit full entry of foreign law

22%

17%

28%

9%26%

6%27%

28%

8%

24%

17% 14%

19% 22%

32%

Immediately

1 year

2 years

3-5 years

6-20 years

FOREIGN LAITH FOREIGN

LAERS

FOREIGN LAONL ITH INIAN

LAERS

INIAN AN FOREIGNLA ITH INIAN AN

FOREIGN LAERS



Full liberalisationshould happen withintwo years, according to63% of respondents.

The Lotus Temple in New elhi


11/21

The conditions of liberalisation

Should liberalisation happen, which

the respondents indicate they think it

should, the question then turns to: on

what terms?

Respondents were asked whatconditions, if any, must be met before

practise foreign law only, or to employ

and go into partnership with Indian

lawyers, and merge with Indian law

foreign corporate law.

Respondents indicate there should

be some basic reform to the Indian

legal sector, such as allowing Indian

their services, subject to rules to

protect the good reputation of the

Indian legal profession chosen by

71% in the case of both Indian and

international law and 64% in the case

of opening up the market for foreign

law competition only.

Likewise there is strong agreement

entitled to practise as limited liability

partnerships chosen by 75% for

both and 69% for Indian law only.

When it comes to practising foreign

law only in India, 70% of respondents

to professional regulation by the Bar

Council of India. Should they be

allowed to practise both Indian and

international law, 66% say they should

be subject to regulation by

the Bar Council of India and, if its

home country laws so require, its

home regulator(s).

In light of the consensus that

to Indian professional regulation, it

is not surprising that there is little

home regulator(s), with just 19% and

35% saying this should apply (for

foreign only, and both respectively).

to practise foreign law only, 64%

believe the country in which the

rights. Surprisingly, this drops to just

legal advice.

In the case of allowing foreign law

international advice in India, 70%

believe there should be a limit on

permitted to do this.

and foreign law in India, 75% of respondents believe theentitled to practise as limited liability partnerships.

to protect the good reputation of the Indianlegal profession

should be subject to professional regulationby the Bar Council of India

liability partnerships

reciprocal rights

should be subject to professional regulationonly by its home regulator(s)

rules to protect the good reputation of theIndian legal profession

should be subject to regulation by both the

limited liability partnerships

There should be a limit on the number of

should be subject to regulation only by itshome regulator(s)

reciprocal rights

CONITIONS FOR FOREIGN LA ONL

CONITIONS FOR INIAN AN FOREIGN LA

70%

69%

64%

64%

19%

75%

71%

70%

66%

35%

13%




12/21

www.allenovery.com

PROjECT METHOOLG

Allen & Overy developed this research with YouGov inorder to understand the views of all Indian stakeholders inthe liberalisation debate. Researchers carried outquantitative interviews with 301 major stakeholders inIndia, including C-suite executives, general counsel,

partners and associates.The research was conducted through telephone

interviews with 100 C-suite executives and 100

general counsel, all from large publicly listed

(BSE-500) or equivalent private companies in India.

other senior corporate executives.

From Indias legal profession, 51 partners and 50

associates from the top 50 legal practices in India

were also interviewed. The list of the top 50 legal

practices was developed by YouGov, relying primarily

on the top 40 list contained in the 2011 RSG

India Report, but drawing on other sources and

directories to expand the list to 50 legal practices.

The responding sample has not been weighted in

any way.

This sample was chosen because experience shows

that it is the market for legal services to large

corporations, not small and medium-sized companies

when a country liberalises its legal market and this

the market. It is the members of this sample who will

Indian legal market.

About YouGov

YouGov is an international, full service market

products and comprehensive market intelligence

reports. YouGovs sector specialist teams serve

and public sector markets. The study was completed

by YouGovs reputation practice which specialises in

researching hard-to-reach opinion formers around

the world.

YouGov is considered a pioneer of online market

research and has a panel of 2.5 million people

continental Europe and the Middle East.

weighted in any way.

301For further information visityougo.co.uk50 Featherstone StreetLondonEC1Y 8RTUnited Kingdom

Tel +44 20 7012 6000

Time to liberalise Indias legal market?| 2012 23

Survey data tables



13/21

jOB TITLE

TOTAL General Counsel C-suite Partner Associate

Sample 301 100 100 51 50

be liberalised?

It should be completelyliberalised

18 13 16 27 20

It should be partiallyliberalised

78 80 80 71 78

It should not be liberalisedat all

4 7 4 2 2

Yes 51 56 42 55 56

No 45 40 55 41 40

Don't know 4 4 3 4 4

Yes 60 58 57 65 64

No 37 38 40 31 32


Yes 79 83 79 84 68

No 18 14 19 12 32


Completed May 2012

YouGov A&O survey results

jOB TITLE


Sample 301 100 100 51 50

Very good 33 28 37 31 34

Good 56 58 49 61 58

Adequate 11 13 11 8 8

Poor 1 0 2 0 0

Very poor 0 0 0 0 0

Dont know 0 1 0 0 0

Acceptable 51 49 51 49 60

Could be better 48 50 48 51 40

Unacceptable 0 0 1 0 0


Getting a lot better 29 25 29 27 40

Getting a little better 58 60 55 69 52

Not changing 11 14 14 4 8

Getting a little worse 0 0 0 0 0

Getting a lot worse 0 0 0 0 0

Dont know 1 1 2 0 0



THE NUMBERS BELO ARE REPRESENTE AS PERCENTAGES, NOT ALL ANSERS ILL A UP TO 100% UE TO ROUNING


14/21

jOB TITLE


Sample 301 100 100 51 50

Allow foreign lawyers to practise foreign law in India

Positive 47 38 48 69 44

No impact 18 22 21 12 10

Negative 33 40 31 20 40


Very bad 0 0 0 0 0

Positive 83 78 83 90 84

No impact 7 9 9 0 4

Negative 9 12 5 10 8


Very bad 0 0 0 0 0

Completed May 2012


jOB TITLE


Sample 301 100 100 51 50

agree or disagree that each of the following will occur:

Easier access for clients and Indian lawyers to international legal expertise

Strongly agree 11 10 15 10 4

Agree 79 75 72 88 90

Neither agree nor disagree 7 12 7 2 4

Disagree 3 2 6 0 2

Strongly disagree 0 1 0 0 0


Wider choice for clients


Agree 77 74 76 82 82


Disagree 5 8 6 0 2




Agree 66 65 64 67 72


Disagree 10 15 10 6 4







15/21

Completed May 2012


jOB TITLE


Sample 301 100 100 51 50


Agree 54 60 53 51 50


Disagree 20 17 17 27 26




Agree 32 30 31 37 30


Disagree 41 43 42 41 34



More career opportunity for Indian lawyers


Agree 78 76 74 82 84


Disagree 5 6 7 0 6



jOB TITLE


Sample 301 100 100 51 50


Agree 72 73 71 71 76


Disagree 7 9 5 8 8



teaching programmes


Agree 75 75 70 84 74


Disagree 4 3 4 0 8




Agree 70 65 71 75 72


Disagree 9 9 10 6 10







16/21

Completed May 2012


jOB TITLE


Sample 301 100 100 51 50


Agree 59 73 63 35 50


Disagree 26 16 18 45 40




Agree 44 52 49 33 30


Disagree 39 32 34 43 56



Foreign lawyers will take jobs away from Indian lawyers


Agree 36 41 42 22 26


Disagree 48 41 42 61 62



jOB TITLE


Sample 301 100 100 51 50

performed by them inside India


Agree 69 69 73 65 66


Disagree 15 13 10 20 24




Agree 52 52 54 51 52


Disagree 29 27 35 25 26



The image of Indias legal profession as a noble profession will be damaged


Agree 13 13 14 12 10


Disagree 69 59 73 73 78







17/21

Completed May 2012


jOB TITLE


Sample 301 100 100 51 50

Only Corporations

Makes us more globallycompetitive

71 71 71 n/a n/a

Makes us better able todefend ourselves frominternational litigation

66 68 64 n/a n/a

We will receive betterquality legal support

65 64 67 n/a n/a

It will ease our internationalexpansion/trade

64 64 65 n/a n/a

Generally improve theprofessional nature of our

business56 54 58 n/a n/a

Make us better able toexploit commercial

opportunities in India51 52 51 n/a n/a

Make us better able toexploit commercial

opportunities internationally49 48 49 n/a n/a

our detriment 9 8 10 n/a n/a

Other 0 0 0 n/a n/a

11 10 12 n/a n/a

Don't know 1 0 1 n/a n/a

jOB TITLE


Sample 301 100 100 51 50

Establish specialist courts for commercial dispute resolution

Positive 91 87 91 96 96

No impact 7 10 9 2 4

Negative 1 1 0 2 0


Take steps to enhance the credibility of arbitration

Positive 90 88 90 100 84

No impact 8 8 9 0 12

Negative 1 3 0 0 0


Put in place a system that requires lawyers to obtain continuing professional education

Positive 89 90 89 84 92

No impact 9 8 10 14 6

Negative 1 1 1 2 2


themselves as limited liability partnerships

Positive 75 77 68 88 72

No impact 17 14 21 10 22

Negative 3 4 4 2 2



Allen & Overy LLP 2012 www.allenovery.com



18/21

Completed May 2012


jOB TITLE


Sample 301 100 100 51 50

Positive 72 65 74 82 74

No impact 16 23 17 6 12

Negative 10 10 7 12 14


Positive 65 59 71 75 58

No impact 12 15 10 8 14

Negative 21 25 16 18 24


Positive 60 53 59 75 64

No impact 23 26 23 16 24

Negative 12 13 14 10 10


www.allenovery.com


jOB TITLE


Sample 301 100 100 51 50

Immediately 22 19 18 25 30

1 Year 17 14 18 24 14

2 Years 24 28 22 12 30

3-5 Years 28 26 34 35 12

6-10 Years 9 12 7 4 14

foreign law only


1 Year 17 21 16 16 14

2 Years 19 18 18 18 24

3-5 Years 32 27 36 41 22

6-10 Years 6 7 5 2 10


1 Year 14 17 14 12 12

2 Years 22 23 23 18 24

3-5 Years 28 27 24 37 28

6-10 Years 8 7 11 2 10




19/21

Completed May 2012


jOB TITLE


Sample 301 100 100 51 50

subject to professionalregulation by the Bar

Council of India

70 69 60 86 76

clearly entitled to practiseas limited liability

partnerships

69 67 64 80 74

The country in which the

established should offer

rights

64 59 65 78 58

allowed to marketthemselves and their

protect the goodreputation of the Indian

legal profession

64 64 59 71 68

subject to professionalregulation only by its home

regulator(s)

19 28 21 10 4

Other 1 1 0 2 0

None of these 0 0 0 0 0

jOB TITLE


Sample 301 100 100 51 50

clearly entitled to practiseas limited liability

partnerships

75 76 70 84 72

allowed to marketthemselves and their

protect the goodreputation of the Indian

legal profession

71 69 71 82 66

subject to regulation byboth the Bar Council of

home regulator(s)

66 67 61 73 70

The country in which the

established should offer

rights

13 17 14 10 8

There should be a limit onthe number of foreign law

70 74 63 75 74

subject to regulation onlyby its home regulator(s)

35 28 41 33 36

Other 0 0 0 0 0

None of these 1 1 1 0 0





20/21



Bangalore skyline

39

The possibly surprising outcome of this survey is thelarge level of agreement among the major stakeholdersin the liberalisation debate in India. They believeliberalisation should happen, that it will have a

positive impact for both clients and the professionand that it should happen soon.


21/21

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