Looking Ahead to 2025: What In-House Legal Counsels Can Expect

The legal landscape is constantly evolving, and the in-house counsel will face a range of challenges and opportunities in the year ahead.

As we step into 2025, the in-house legal counsel is expected to face a dynamic and transformative year. Here's a glimpse into what lies ahead:

1. Embracing AI and Legal Tech:

• AI-powered tools are set to revolutionize legal work. Expect to see increased adoption of AI for contract analysis, legal research, and due diligence, streamlining processes and enhancing efficiency. For legal professionals, the AI-driven future necessitates adaptability. Continuous learning, understanding AI's capabilities, and its limitations, and focusing on uniquely human skills like empathy, judgment, and complex problem-solving will be crucial. Collaborating with AI tools, rather than viewing them as competition, will be the key to harnessing their full potential.
• Legal tech platforms will continue to gain traction, providing access to legal information, document management, and collaboration tools, transforming how legal teams operate. For in-house counsels, adopting legal technology is essential to navigate complex legal landscapes, improve operational efficiency, and ensure compliance. By strategically adopting legal tech tools, in-house legal teams can streamline legal processes, reduce costs, and deliver more value to their organizations.

2. Navigating the Regulatory Maze:

• India’s regulatory environment is a multi-layered system encompassing federal, state, and local levels. Despite reforms, hurdles such as, Lengthy approval processes for licenses and permits; Fragmented Regulations across states and sectors; Taxation Complexities & Ambiguities in interpreting tax laws, exist. The rise of digital ecosystems, powered by technologies like AI and blockchain, is making real-time regulatory tracking and compliance transparency more accessible. These digital solutions streamline processes, enabling companies to adapt swiftly to regulatory updates and maintain seamless operations across various jurisdictions. Recently, in a lecture, Justice Dipak Misra highlighting the growing responsibilities of in-house legal counsel in aligning corporate strategies with regulatory changes, stressed that compliance is not just a statutory obligation but a competitive advantage, stating, “Only a compliant entity is confident.”
• Data privacy remains a top concern. The evolving regulatory landscape, including the Indian Digital Personal Data Protection Act, 2023 (DPDPA) with its upcoming Rules, the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), will require ongoing vigilance and proactive compliance strategies. The DPDPA has a broad range, even outside of India, and applies to all organizations processing the personal data of Indian residents, including businesses operating in India, foreign entities, government bodies (with certain exemptions), and data controllers/processors.
• Cybersecurity threats are constantly evolving. In-house counsel will play a crucial role in developing and implementing robust cybersecurity measures to protect sensitive data and mitigate risks. As India witnesses increased and rapid digital usage after Covid, Critical infrastructures such as financial services, banking, energy, manufacturing, and nuclear power plants are rapidly going digital, the need for a robust cybersecurity readiness takes center stage. Recent reports indicate a concerning trend, with approximately 83 percent of Indian organizations experiencing cybersecurity incidents in 2023, necessitating the inhouse legal counsel aligning legal proficiency with technical vigilance.

3. The Rise of ESG:

• Environmental, Social, and Governance (ESG) considerations are increasingly important for businesses. In-house counsel will need to advise on ESG-related risks and opportunities, ensuring compliance with evolving regulations and stakeholder expectations. It is the in-house counsel who can reinforce the company’s commitment to sustainability and human rights, drive accountability across the supply chain, and mitigate potential legal risks associated with non-compliance.
• Securities and Exchange Board of India (SEBI) has said that companies can now opt for either 'assurance' or 'assessment' for Business Responsibility and Sustainable Reporting (BRSR) Core and ESG disclosures for the value chain. The Assessment will be guided by standards to be developed by the Industry Standards Forum (ISF) in consultation with SEBI.
• Supply chain sustainability is gaining prominence. India faces the challenge of balancing economic development with environmental sustainability. Green Public Procurement (GPP) can be a powerful tool to help address this challenge by leveraging India’s public spending, which accounts for nearly 30% of its GDP. Through green procurement, governments can reduce the environmental impacts of their purchases, while also supporting the market to shift to more sustainable practices. Legal teams will be involved in assessing and mitigating risks associated with ethical and sustainable sourcing practices.
• Ethical Sourcing in India, where the economy is deeply intertwined with diverse industries ranging from textiles to technology, ethical sourcing practices are becoming a benchmark for evaluating third-party vendors, influencing brand reputation, customer loyalty, and competitive advantage. In-house counsel have a responsibility to go beyond legal compliance and act as ethical stewards within their organization.

4. Building a Business-Focused Legal Function:

• Collaboration with business leaders will be paramount. In-house counsel will need to demonstrate a deep understanding of business objectives and provide strategic legal advice that supports growth and innovation. "Legal is no longer just the lifeblood of business in this digital age, it is the guardian and protector of a company's brand, reputation and stakeholder trust".
• Data-driven decision making will be essential. Legal teams will leverage data analytics to identify trends, assess risks, and measure the effectiveness of legal strategies. Leaders of legal operations teams are increasingly learning to use their data to inform strategic decisions, pinpoint areas for process enhancement, advocate for additional resources, and establish their position as business leaders within the organization.

5. Prioritizing Well-being and Professional Development:

• Work-life balance remains a critical concern. Every day another in-house counsel discovers the myth of work-life balance. And you are not alone. In-house counsel will need to prioritize their well-being and seek opportunities for professional development to stay ahead of the curve.
• Diversity and inclusion will continue to be a focus. In any organisation, ideas and perspectives are very important for the process of decision making. Whenever there is a bottleneck or a crisis, life experiences gathered by different team members help in navigating the organisation out of difficulties. This is exactly where the tenets of diversity and inclusion come to the rescue. Creating an inclusive and equitable workplace will be essential for attracting and retaining top talent.
• Continuous Learning and Development: Staying ahead in the legal field will require continuous learning. In-house counsel will need to keep up with the latest legal trends, technologies, and best practices through ongoing education and professional development

Looking Ahead:

2025 promises to be a year of exciting challenges and opportunities for in-house legal counsel. By embracing innovation, adapting to change, and prioritizing collaboration, legal teams can play a vital role in driving business success in the years to come.

#InHouseCounsel #LegalTrends #AI #LegalTech #ESG #Cybersecurity #ContinuousLearning

Originally published at My Linkedin Post

COVID19 - Plight of the Junior Lawyers / Lawyers in General in India

India’s coronavirus lockdown is revealing deep income disparities in the legal profession.

As the CoronaVirus or Covid19 spreads its tentacles in the society and the nation, a class of people who have been hit very hard, rarely find a mention in the mainstream media.

This class of people belongs to the Noble Profession of Lawyering, and are referred to as "Lawyers" or "Advocates". Over 79% of lawyers with less than two years of experience earn less than ₹10,000 a month, according to a survey by think tank Vidhi Centre for Legal Policy.

They are prohibited from seeking their livelihood, from all other means and occupations, except the Legal Profession (Lawyer-ing). They are prohibited from advertising about themselves, their skills, and their law practice in general.

This law, in the form of a binding directive, under Rule 36, Section IV,Part VI of the Bar Council of India Rules prohibits lawyers from ‘the soliciting of work or advertising, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interviews not warranted by personal relations, furnishing inspiring newspaper comments or producing his photographs to be published in connection with cases in which he has been engaged or concerned’. It is important to note that BCI is the designated authority under Advocates Act, 1961 with the power to make delegated legislations (subsidiary legislations intended to implement the parent law, which, in this case is the Advocates Act, 1961). The proponents of this blanket ban mostly find themselves justifying this oddity under the garb of public policy, public utility, social justice and nobility of the profession along with the belief that the legal ‘industry’ will become fiercely competitive and money-oriented if advocates are allowed to advertise and solicit work. That being said, due credit should be bestowed upon the Indian justice system for acknowledging the nobility aspect of the legal profession. Even the Supreme Court has, time and again, sanctified the yardsticks of nobility and integrity as the pillars of the profession. (Source)

As per the common law principles, the legal system is expected to adapt to the changing needs of society. Thus, in 2008, on the petitioning of this very matter by an advocate, the Supreme Court, in V.B. Joshi v Union of India, relaxed the absolute prohibition on legal advertising.

However, the Supreme Court was rather hesitant in revoking the prohibition (as was petitioned in the case) and instead diluted the provision to the allow the display of the following information on online and offline platforms:

(1) name of the lawyer; and (2) address, telephone numbers and email id; and  (3) (a) enrollment number, (b) date of enrollment, (c) name of State Bar Council where originally enrolled, (d) name of the State Bar Council on whose roll name stands currently and (e) name of the Bar Association of which the advocate is a member; and (4) professional qualifications and academic qualifications; and (5) areas of practice.

Although the VB Joshi Case did relax the norms of legal advertising, it was too late and too little. In fact, Allahabad High Court’s Lucknow bench has recently issued a contempt order on online portals like Justdial, Myadvo, Lawrato, Legalserviceindia among others which supposedly carry out advertising in the name of ‘enlisting’ in light of strict instructions from the high court to refrain from such activities.

While the law fraternity had been hoping for a progressive easing of the restrictions, the contrasting opinion pronounced by the court has created a sense of dismay and shock in the legal society.

On comparing ourselves with the other common law pioneers, we find that although the US and the UK did have an absolute prohibition on legal advertising till 1977 and 1990 respectively, both the countries revamped their internal regulations to adapt to the changing norms of globalisation and liberalisation. (source) 

In a historic move, an entire bench of the Supreme Court of India conducted its first ever paperless hearing on June 1, 2020. It was a rare sight as three judges sat in a virtual court, with laptops instead of bulky case files. Lawyers were seen giving presentations via video link, with the judges typing notes. However, with this new push toward virtual courts, there are also several structural challenges that have come to the fore. Many judges and lawyers feel that these need to be addressed as Indian courts traverse into the digital world.
On the other hand, several lawyers' bodies have written to the Chief Justice of India, calling for a return to physical courts. The Bar Council of India claims that 90% of lawyers and judges across the country are "unaware about the technology." Some lawyers are concerned about their livelihoods, claiming that virtual courts are currently accessible only to a few. (source)

The vast majority of lawyers depend on fresh filings and hearings for their income. With only urgent    matters listed, lawyers are finding it tough.

Mention lawyers and the image that strikes the public is that of famous names who move around in Audis and BMWs and charge massive amounts of money. But this section is a small fraction. The vast majority of lawyers, especially in the lower courts, function on a case-to-case basis for their income. And when the courts do not function, their economic situation becomes precarious. (source)

Patna civil court lawyer Abhishek said at least 95% lawyers at civil court are under financial stress. “Some of them can’t even meet their daily needs. They are part of justice delivery system. The high court should direct the state government to take steps to help these lawyers,” he said. The hearing at civil courts got crippled due to Covid-19 which directly affected practising lawyers. (source)

Last month, one Adv. K. Uthamakumaram found himself in the headlines last month when it was reported that the out-of-work Chennai lawyer was forced to weave baskets for a living. Earlier this month, Adv. Sapan Kumar Pal sold vegetables outside the Orissa High Court as a mark of protest after the state bar council allegedly delayed the release of promised financial assistance to lockdown-hit advocates. (source)  

Lawyers turn vegetable vendors, delivery boys to make up for lost income. As Aditya Kashyap sits by his vegetable cart in a bylane of Vasai, Mumbai, he tries not to think about five months ago when he was busy filing bail pleas in Magistrate Courts. (source)

 

Posted on 10th July 2020 is this Paper -  COVID-19 Epidemic: Indian Lawyers in Financial Crisis, Ignored, Depressed: In pursuit of Financial And Moral Support, by Chitranjali Negi Advocate Supreme Court of India, in which she says:

An advocate's duty is as important as that of a Judge. Advocates have a large responsibility towards the society. India ranks 68 out of 126 countries, down 3 places from last year in 2019 in “Rule of Law Index” which measures how the rule of law is experienced and perceived by the general public. The Indian Law profession is one of the largest in the world, with more than 2 million enrolled advocates Nationwide. The Nationwide lock down has brought to the fore the great disparity in the legal profession & lock down has financially damages lawyers. Lawyers in India are the most neglected and overlooked during COVID19 comparative of other professional. 70% Lawyers are almost daily wage workers who earn per appearance hearing. COVID-19 has impacted deep and triggered many social, mental and psychological issues as well.
The fundamental principle which determines the privileges and responsibilities of lawyer in relation to the court is that he is an officer to justice and a friend of the court. Lawyers status as an officer of justice does not mean he is subordinate to the judge. It only means that he is an integral part of the machinery for the administration of justice. (source)

In response to the current pandemic, which has already stirred havoc into the lives of advocates, various State Bar Councils (SBC) have initiated COVID-19 relief grant schemes on a first-come application basis, the grant criterion of which varies for each state institution. Some SBCs like Karnataka has released the list of beneficiaries but without the details of the relief amount granted, while others such as Rajsthan and Delhi have closed their application window without any intimation on future courses of action on the website.

Unless a person is tangibly benefitting from such schemes, there is really no direct way of knowing the procedure and result, as is. The inherent lack of transparency and absence of uniformity in the regulatory mechanism for advocates; and second, that the act of granting a measly Rs 5,000 to select advocates (the criterion and determination of which is also unknown) in hopes that this might help those individuals sail through a pandemic that has already put their lives at a standstill for over three months now. (Source)   

Framing rules and regulations to maintain the "Nobility of the Legal Profession" is easier than said, when it is not accompanied by the responsibility to support the members of the Legal Profession, in these hard times of Covid19, leave alone, equipping the Members with the benefit of a Continuing Legal Education.

Though the Central Government has announced that lawyers will come in the ambit of MSME loans, its is highly doubtful, if the Bankers recognise that lawyers are eligible for availing loans from Banks.


By the time the pandemic is over (??) most of the lawyers will be rendered indigent, and there will be no "nobility" left in the "Noble Profession", except for the top 10% creamy layer of lawyers.

Ref:
1. http://www.barcouncilofindia.org/wp-content/uploads/2010/05/BCIRulesPartVonwards.pdf
2. https://www.casemine.com/judgement/in/56e66855607dba6b53432154
3. https://www.firstpost.com/india/hit-by-job-cuts-during-covid-19-and-constricted-by-an-outdated-law-on-legal-advertising-young-lawyers-struggle-to-become-self-reliant-8476201.html
4. https://www.indialawjournal.org/archives/volume2/issue_1/interview_of_the_month.html
5. https://www.barandbench.com/news/litigation/allahabad-hc-issues-contempt-notice-to-15-private-websites-for-advertising-about-practising-lawyers
6. https://www.firstpost.com/india/hit-by-job-cuts-during-covid-19-and-constricted-by-an-outdated-law-on-legal-advertising-young-lawyers-struggle-to-become-self-reliant-8476201.html
7. https://www.dw.com/en/how-coronavirus-is-propelling-the-rise-of-online-courts-in-india/a-53774109
8. https://scroll.in/article/958528/indias-coronavirus-lockdown-is-revealing-deep-income-disparities-in-the-legal-profession
9. https://timesofindia.indiatimes.com/city/patna/covid-19-lawyers-find-it-tough-to-make-ends-meet/articleshow/76222390.cms
10. https://theprint.in/judiciary/loans-part-time-jobs-pm-cares-lawyers-grasp-at-straws-as-covid-leaves-them-out-of-work/463371/
11. https://timesofindia.indiatimes.com/city/mumbai/lawyers-turn-vegetable-vendors-delivery-boys-to-make-up-for-lost-income/articleshow/77569538.cms
12. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3646300 

New Consumer Protection Bill 2019

For the first time in 32 years, the Ministry of Consumer Affairs and Food Distribution introduces a bill in Lok Sabha to replace the Consumer Protection Act, 1986.

Now Online retailers, celebrities can't fool the Consumers.
Source: #BrandEquity

A three-decade-old law is being changed to give more powers to the consumer. The Lok Sabha has passed the Consumer Protection Bill 2018 which will now go to the Rajya Sabha. The new law will replace the archaic Consumer Protection Act 1986.

The new law will revolutionise consumer rights in India by investing consumers and agencies with a lot more power than they currently have.

Below are the highlights from the Bill:

1. The Bill proposes an executive agency, the Central Consumer Protection Authority. The agency can intervene whenever it feels necessary to protect consumers from unfair trade practices. It can also launch class action against a company, besides ordering recall or refund of products. The agency is designed on the lines of highly effective US Federal Trade Commission. 

2. The Bill introduces a new concept of class action, which means the liability of manufacturers and service providers will not be limited to one or a group of consumers but towards all consumers. All affected consumers become beneficiaries in a class action suit. 

3. The manufacturer, producer and even the seller will be liable for any personal injury, death or damage resulting from defects in manufacture, construction, design, formula, preparation, assembly, testing, service, warning, instruction, marketing, packaging, or labelling of any product. 

4. The Bill proposes to remove the current structures for adjudicating consumer disputes at the district, state and national levels. It will only make them more powerful.

5. Consumer mediation cells will be attached to consumer commissions at all levels for resolution of disputes so that the commissions do not get bogged down in too many cases.

6. The Bill takes into account e-commerce too. Currently, a consumer can initiate legal action against a seller only at the place where transaction has taken place. In the new law, a consumers can file a complaint electronically or in the consumer court at his place of residence. This new law will simplify consumer disputes adjudication process for faster disposal of grievances through filing of complaints by a consumer from his place of residence, e-filing and video conferencing for hearing. 

The Bill introduces an additional consent layer requiring online marketplaces to add a tab on their platforms seeking express consent from customers at the time of checkout to be able to access and use their information.
E-commerce firms would have to disclose their business details and seller agreements, apart from also disclosing how they use consumer data. The Bill deems e-commerce platforms as service providers instead of only intermediaries, thus increasing their liability. 

7. The Bill also holds endorsers of products liable in addition to manufacturers. “Any manufacturer or service provider who causes a false or misleading advertisement to be made which is prejudicial to the interest of the consumers shall be punished with imprisonment for a term which may extend to two years and with fine which may extend up to 10 lakh rupees,” the Bill says. Offences may lead to a jail term of 10 years and a fine of up to Rs 50 lakh. For celebrities involved in misleading advertisements, there will be penalties but no jail term. 

8. The Bill also addresses ‘composite supply’ or bundling of services, wherein platforms that offer travel services and bundle services such as hotel stays and airline tickets will also have to take liability for all the services. 

9. To discourage frivolous complaints, the Bill proposes a penalty from Rs 10,000 to Rs 50,000. 

Also see:
1. https://indiacorplaw.in/2018/12/consumer-protection-bill-2018-paradigm-shift.html?utm_source=dlvr.it&utm_medium=twitter

2. Changes In Consumer Protection Bill 2018 That You Should Know https://www.goodreturns.in/classroom/2018/12/changes-consumer-protection-bill-2018-that-you-should-know-805846.html?utm_source=article

3. https://www.inreportcard.in/news-list-detail.aspx?opedid=1547

Recommend Reading - Interview of a young lawyer

Recommended reading :
Interview of the young lawyer,
Rohan Bishayee, Legal Advisor, DFDL, on building his career in Corporate Law and work experience in South East Asia.

"To be brutally honest, Corporate Law was more of a convenience than a choice. Belonging to a family with no legal background or connections in the legal fraternity, Corporate Law provided me the stepping stone to a successful career in law. My seniors and professors from college were instrumental in steering me towards a career in Corporate Law. I received encouragement and direction from a close friend and confidant from law school, Debottam Chattopadhyay, Associate, Phoenix Legal, when it came to career choices.

Looking at the Indian market, courses on Competition Law, Capital Markets and Finance would give students ground level knowledge of the legal structure. From a global perspective, courses which give an insight on projects, energy and infrastructure related laws would hold students in good stead. I would advise students to make well informed choices based on their area of interest. The first and foremost aspect which a student should take care of is deciding an area of interest. Once that step is complete, it becomes easier to work towards making a career out of that interest area."

Further reading :

https://superlawyer.in/rohan-bishayee-associate-dfdl-mekong-building-his-career-corporate-law-work-experience-in-magic-circle-law-firm/

My Quora Answer about Action against Bank Officers

My Quora Answer to:

What sort of legal action can be taken against bank officers for continuously ignoring unfair trade practices complaints? What sort of legal action can be taken against bank corporate office for not taking any action against it's own officers?

If your bank does not address your complaint within a month, you can approach the banking ombudsman. This is a senior official appointed by the Reserve Bank of India to redress customer complaints against deficiency in banking services, as per its scheme introduced in 1995. All scheduled commercial banks, regional rural banks and scheduled primary cooperative banks are covered under the scheme. So far, there are 15 ombudsmen, whose offices are located mostly in state capitals. Their addresses and contact details are available on the RBI website. You have to file the complaint at the office of the ombudsman under whose jurisdiction your bank branch is located. The grievances relating to credit cards and other types of services with centralised operations are to be filed with the ombudsman in whose territorial jurisdiction the billing address of the customer is located. You can put it down on a plain paper, send an e-mail, or fill the complaint form on the RBI website. There are no charges for filing a complaint.

Source: How to file a complaint against your bank

The Banking Ombudsman Scheme is an expeditious and inexpensive forum for bank customers for resolution of complaints relating to certain services rendered by banks. The Banking Ombudsman Scheme is introduced under Section 35 A of the Banking Regulation Act, 1949 by RBI with effect from 1995. Presently the Banking Ombudsman Scheme 2006 (As amended upto July 1, 2017) is in operation. [1] The addresses of the Ombudsman are here : link . Before filing the complaint, have a look at the types of the cases handled by the Banking Ombudsman, listed here.

Hope this answers your question.

Footnotes

[1] Frequently Asked Questions