Contents:
Foreword;
Preface;
Debts of Gratitude;
Table of Contents;
CHAPTER l Introduction;
A Bit of History, and Some Present Dilemmas..1
CHAPTER 2 Fees and Retainers ..11
Various Types of Fee Arrangements .. 12
Fixed Fee .. 12
Hourly Fee.. 13
'Per Hearing' Fee.. 13
Contingency Fee..13
Arguments in favour of contingency fee.. 16
Arguments against contingency fee .. 17
Retainer Fees .. 18
Referral Fee .. 18
Indian Legal Framework relating to Fee Chargeable by Lawyers... 19
Reasonableness of Fee.. 21
Fixation of Minimum Fee.. 23
Role of Clerks in Fixing Fee .. 24
Management of Funds of Clients..25
Recovery of Fees.. 26
Filing a Suit for Recovery of Fees. 26
Should Fee be Standardised .. 27
CHAPTER 3 Lawyers and the Consumer Protection Act ..31
Introduction.. 31
Complainant' .. 33
Consumer.. 33
'Service'.. 34
Deficiency'.. 35
Professional Services..37
Professional Liability .. 38
Contractual Liability.. 38
Tortious Liability.. 38
Legal Services .. 40
Legal Services Distinguished from Other Professional Services. 41
Role of the Bar Council Disciplinary Committee .. 46
Conclusion .. 49
CHAPTER 4 Senior Counsel ..51
World Trade Organisation and the Entry of Foreign Law Firms in India.. 63
International Trade in Legal Services .. 63
World Trade Organisation.. 66
General Agreement on Trade in Services (GATS).. 67
Definition of 'Service' under GATS: Covers Legal Services.. 67
General Obligations of Member Nations under GATS .. 68
Specific Commitments under GATS.. 70
Modes of Supply of Service under GATS.. 72
Domestic Regulation.. 73
Annex on Movement of Natural Persons Supplying Services under the Agreement.. 74
Specific Commitments of Members Qua Legal Services. 75
India did not Make any Specific Commitment on Legal Services. 77
Uruguay Round Specific Commitments of United Kingdom and The United States of America as regards Legal Services Sector .. 77
Impact of Commitments made by other Countries Qua Legal Services on India.. 79
Doha Round of Negotiations and Post Doha Negotiations.. 81
GATS 2000 Negotiations.. 81
Post Doha Ministerial Conference Negotiations.. 83
Conditional Initial Offers made by The European Union and United States of America in 2003.. 84 Conclusion.. 86
The Advocates Act 1961 and Foreign Legal Consultants in India .. 86
Provisions of the Advocates Act 1961 and Rules Framed thereunder dealing with Foreign Lawyers.. 86 Liberalisation of the Indian Economy in 1991 and Thereafter .. 89
Entry of Foreign Legal Consultants in India: Differing Views.. 92
The Law Commission of India .. 93
The Reaction of the Bar Council of India and State Bar Councils .. 94
Stand of the Government .. 95
Conclusion..
96 Entry of Foreign Legal Consultants in India: The Regulatory Framework ..97
Basic Principles and Guidelines suggested by the Interactional Bar Association (IBA)..
97 The Chinese Regulatory Framework .. 99
CHAP1ER 6 The New Lawyer, and a New Approach to Ethics.. 103
Right to Advertise ..107
Lawyers' Advertising in the United States .. 108
Prohibition against False and Misleading Representations.. 109
Advertising Limitations ..110
Solicitation .. 111
Lawyers' Advertising in the United Kingdom.. 112
Do we Need a Fresh Look at Our Own Code?.. 115
Future Trends: Multi-Disciplinary Practice, Limited liability Partnership.. 119
Multi-Disciplinary Practice of Law.. 119
Limited Liability Partnership.. 126
CHAPTER 9 The Need for Time Management and Changes in Dress and Address Appendix I 129.. Standards of Professional Conduct and Etiquette..
133 Appendix TI Conditions for Right to Practice. .141
Appendix Ill
The Bombay Incorporated Law Society Standards of Professional Conduct and Etiquette and Rules Regulations and Procedure to initiate and Hold Disciplinary Proceedings.. 143
Appendix IV
Turin Principles of Professional Conduct for the Legal Profession in the 21st Century. 155