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When Fortune 500 multinationals approach Indian law firms they
The
Internet revolution hit the Indian legal industry, causing a dramatic
evolution in the past few years. Rapid globalisation of the Indian
economy and the changes that IP networks/bandwidths have brought
about, have had a significant impact on the entire legal profession
by globalising it literally, and as a result, career opportunities
available to law students today are truly immense.
Earlier,
law graduates faced a standard set of career choices. They could work
for a family-run law firm, join an independent counsel or opt to be
part of the corporate world as in-house legal counsel focused on
India centric legal practices. Times have certainly changed! If you
graduated this year from India’s top law schools – National Law
School, Bangalore, Government Law College, Bombay, Faculty of Law,
Delhi, Symbiosis, Pune, ILS, Pune, and NUJS Calcutta, among others --
you are facing a very new choice -- LPOs or legal process
outsourcing companies providing legal services globally to global
clients in addition to the traditional ones. And since most people
fear change and the unknown, this is a daunting choice.
Interestingly,
all law firms are LPOs. Traditional India based law firms outsource
Indian legal services to Indian or non-India based clients who prefer
not to handle their Indian legal matters internally within their
organisations. The new choice that people call LPO today, simply
refers to companies that provide legal services to non-India based
companies and law firms (mainly American and European corporates)
about legal matters that do not relate to India at all but instead
relate to everything outside India. The irony is that both are
technically "legal process outsourcers"; it is just that the term
LPO has come into currency only recently.
When
you work for an Indian law firm servicing some of the largest global
multinationals, you certainly get the best exposure that you could
possibly ask for in terms of a world class client base. However, in
most cases, the transactions you are seeing from those clients are
likely limited to India centric transactions -- setting up a
subsidiary in India, availing tax holidays and other benefits for
operations in India, setting up a greenfield project in India,
acquiring or selling a company to or from an Indian company, project
finance transactions in India or to the extent impacted by Indian
laws and regulations, financial instruments (bonds, hedging
transactions, loans, etc) to the extent impacted by Indian laws or
regulations. The truth is that the scope of these India centric
transactions for Fortune 500 multinationals is not nearly as broad as
the scope of transactions that are occurring globally.
Compare
this with the work done at an LPO where the virtual office
environment created by the Internet enables the work done at an LPO
to be truly global in scope and nature. At high-end LPOs, the
exposure is global because the lawyers working at these LPOs are
servicing multinational in-house counsels and law firms in connection
with their global practice. These Indian attorneys are often
competing with and/or delivering services to international lawyers.
In short, working at a top notch LPO raises the bar and prepares an
Indian lawyer to be a global lawyer. The world’s largest
non-Indian headquartered multinationals whether it be GE, Microsoft,
Boeing, Google, or Goldman Sachs, are typically not approaching
Indian law firms for transactions or activity that are not India
centric. But they are giving their global work to the LPOs, in the
process providing lawyers at LPOs phenomenal exposure and growth
prospects.
As
a result, any lawyer working in an Indian law firm is only likely to
see India centric transactions and is not likely to gain exposure to
transactions that are not in some way connected to India, while
lawyers working at LPOs are likely to see transactions with global
scope. Why does this matter? Why does this substantively limit an
Indian lawyer’s experience and exposure from a substantive
standpoint?
A
large number of laws and regulations in India materially impact the
nature of transactions that take place in India. Indian laws, rules
and regulations, in many cases, prohibit or provide very little
flexibility from a structuring perspective and therefore Indian
lawyers typically are not aware or do not have an opportunity to
experience global transactions. As India moves closer to a primary
role as a hub for MNCs to conduct business worldwide, a broad
exposure to international transactions such as review of
international indentures and bond documents issued by American and
European companies, hedging transactions, bridge loans (private
equity) and in-kind equity contributions will serve lawyers well.
To
give an example, the structure of retaining personnel in India as
employees versus contractors is very different from that of other
countries. Companies in India have a significant amount of
flexibility to retain personnel as contractors in India versus
employees, enabling employees to manage their personal income tax
liabilities in a number of different ways. Other countries are much
stricter and limit this flexibility. Indian lawyers with exposure to
the rules and regulations of other countries will be in a much better
position to advise MNCs globally.
Customer
contracts (MSAs, EPCs, Marketing and Distribution Agreements), that
large MNCs enter into globally is yet another example of increased
exposure to lawyers working in an LPO. Since these agreements often
relate to multiple jurisdictions with varying service levels, product
transfer arrangements, standards of care, party relationships,
varying Force Majeure risk across different countries and local
jurisdictions in Europe and the United States, the level of
sophistication and complex nature of the agreements can often greatly
exceed that of a traditional India focused document.
The
exposure at an LPO also varies across industries. You could be
reviewing an MSA on a given day and a financial indenture on another.
Thus, if one wants to move from an LPO to an Indian law firm or
even an international law firm, the transition is extremely easy due
to the wide exposure gained.
In
a traditional law firm, most law graduates learn by getting thrown
into a transaction with minimal or no guidance. From a training and
learning perspective, LPOs, unlike law firms and in-house legal
departments, have a formal and institutionalised training programme
for fresh graduates. This ensures that the vagaries associated with
working for different partners in a law firm are eliminated and every
law graduate has an equal opportunity to learn and absorb legal
concepts. This professional approach to continuing legal education
has found many takers from among new graduates from top law schools
and even lateral recruits from law firms.
Again,
lawyers in India have never had an opportunity to participate in
growth stories; mainly because in-house lawyers are treated as a
support function and law firms tend to be very closely held. Working
with some high-end LPOs ensures that Indian lawyers get an
opportunity to participate in the commercial success of the
organisation, by way of stock option plans. LPOs, like software
companies tend to have a very transparent and merit based approval
system, which ensures that good lawyers are always rewarded, both
monetarily (including substantial stock options) as well as in terms
of responsibilities.
LPOs
thus, present an excellent career opportunity for lawyers in India.
The experience is truly global. The environment is corporate and
entrepreneurial. The learning is guided and focused. And the reward
system is purely merit based.
When Fortune 500 multinationals approach Indian law firms they
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