Wednesday, 24 November 2021

Challenges of the Legal Profession and Business World

The legal profession has undergone massive changes as a result of the evolution of the legal industry and market. Also, the recent economical crisis has bought a vast change. Now, here begins the challenges for the legal professionals as this has empowered the clients to set the terms and conditions in the acquirement of legal service.

Challenges of the Legal Profession and Business World

The challenges of the legal profession comprise the changes in the world of corporate lawyers. The most common challenge for the majority of firms is institutionalization. Today’s companies do not need lawyers only to resolve legal issues but also to support their efforts in business development. They must have a standard deep level of legal knowledge. In addition, must have knowledge about training and tools in the areas of business, project management, technology, or data analysis.

Furthermore, it is no longer enough or productive for the relationship of clients with the firm to be completely based on contact with one of its partners. Also, the strategy should be made to develop multiple relationships and help the client. This will help the client to understand that in the background there is a group of professionals comprising of teams.

Some of the most common challenges of the legal profession are explained below in detail :

Area of specialization

To survive one has to be a super-specialist in one’s area of practice and this is a challenge for legal professionals. However, it has become a necessity to focus on particular areas of practice that alternative service providers can’t address. Also, to keep up with the demands of upcoming industries in the business market this is important.  And to deliver quality service, specialization in a particular area of practice became the first priority and necessity. And as a result, people started to prepare accordingly to compete in the business world. In fact, this requirement was predicted way long back as a big challenge of the legal profession.

In the past, liberalization and globalization have been extremely beneficial for the Indian economy. Thus, there exists a strong case for responding to the same in the legal service market as well. The potential opening up of India’s legal market has been a major talking point. The government has been pushing for liberalization. Firstly, allowing International firms into the Indian market would lead to increased competition among legal practitioners. This would lead to the growth of the Indian legal market. Additionally, this would also result in improved capacity and quality of services.

Also, this will provide Indian lawyers with the opportunity to work with the international society. This could lead to more employment opportunities. In addition to better pay and working conditions which would result in decreasing the challenges for legal professionals. Also, another benefit is Professionalism in Indian law practices would benefit in comparison to their international counterparts.

The liberalization could bring include the fear that law firms would meet the same fate as the country’s accounting firms. Moreover, the possibility of domestic law firms being overshadowed by their foreign counterparts in terms of performance and finances is the biggest disadvantage. Setting up alliances with foreign counterparts would result in the loss of referrals which could be a great challenge in the legal profession for lawyers to handle.

Attracting and Retaining Talent

Finding talented lawyers with the right attitude and the right skill set to work is often a challenge in the legal profession. Having a flow of information, responsiveness, and instant delight that does not necessarily have to be based on money are some aspects that new professionals are habitual to. Moreover, each team member’s contribution and impact must be measured differently. Also, talent management needs to be refined.

Innovation is the outcome of a demonstrated need and is not a matter of merely introducing a change, something that often finds resistance. Traditionally, lawyers are resistant to change; this reality is constant in the profession which could result in challenges for legal professionals in serving clients. In addition, it must also be done while keeping in mind that the mission of innovation is to better serve the client.

Slowly legal service marketplaces are creating market value by offering more cost-effective solutions to consumers on their own behalf. This could result in reshaping the legal industry. And backed by venture capital (VC) and private equity (PE) funds online legal portals have seen a large expansion. But, the start-up community and other money-conscious clients are slowly moving away from the good old lawyers and law firms. Moreover, they are moving towards solutions powered by technology. To keep pace with the changing trend the lawyers have to change their method of business. One of the challenges for legal professionals is to face PE and VC-backed competition where the regulatory framework has not evolved yet in the business world. Consequently, evolution will take place with these changes.

Conclusion

The key to overcoming many of the issues and challenges of the legal profession is being aware of the risks, being responsive to such risks on a timely basis. Moreover, an overall appreciation is required for challenges and developing strategies by changing systems, and practices to ease their impact. Unlike other common law countries, India has not shown many positive signs for liberalizing the Indian legal market. India is going through a sea of change in terms of revolution in legal and managing space. Also, this has brought about new opportunities. By leading to the opening of new trending business opportunities in many sectors and industries.

 The  Bar Council of India (BCI)  has opted for a protectionist approach due to the fear of competition from international law firms. This is based on the belief that Indian practitioners will not be able to compete with foreign nationals. Such competition is a welcome change for the overall growth of the Indian legal market.

Eventually, the key to success lies in super specializing in one’s core practice areas. Today, the Indian legal profession is highly competitive and is ready to grow along with its foreign counterparts in a globalized world.

 

Monday, 22 November 2021

 

9 tips to build a career as an Intellectual Property Lawyer

Intellectual Property Lawyer

INTRODUCTION

After choosing law as a career option was a tough call, but even tougher stands for the decision of area of expertise. This will be a decision affecting your entire life. IPR (Intellectual Property Rights) deals with new innovations and ideas. It deals with ownership and access to ideas, products, tangible or intangible. Patents, copyrights, trademarks, unfair competition, trade secret law, designs, etc. are covered under this branch of law. The area of the subject is vast, and as the number of innovations is constantly increasing in number, the requirement of an IP lawyer is also increasing.  In this article, what it requires to have a well-established career in IPR will be discussed.

Read Also – An Introduction to Intellectual Property Laws

WORK DONE BY AN IPR LAWYER

Before deciding to have a career as an IPR expert, it is pertinent to understand the nature of work undertaken, which is:

  1. Securing copyright, patent, a trademark for the invention
  2. Fight for the violation of any legal right infringement related to IPR
  3. Licensing
  4. Develop strategies to protect inventions
  5. Drafting and negotiation, etc.

TIPS TO BUILD A CAREER AS AN IPR EXPERT

  1. KNOW THE LAW AND UNDERSTAND ITS IMPLICATIONS

Every law is not the same or similar, so before choosing the field know what the demand of the law is, what the position of law is with respect to trademark, copyright, geographical indication, patent, position in other countries, etc. It may so happen that you have to deal with various aspects of law, not only Intellectual property law, so be geared up for it well. Have a blend of expertise so that you do not lag behind.

  1. HAVE RELEVANT QUALIFICATION

Once you have made up your mind to be a master of IPR, then look for the relevant qualifications which give you an edge over others. Having a Law degree is a prima facie requirement, but is not always sufficient, because it is a general LL.B. So, what a person interested in the IPR sector can do it, seek specialization like Diploma, or certificate courses in the field or pursue LL.M in the field. Though an LL. B degree is the only mandatory requirement, however, to create a fine understanding of the subject, a course whether online or offline should be preferred.

  1. RESEARCH AND PUBLICATIONS

Research and publications related to IPR will give your CV a push as you are seeking expertise in this field. Research and publications usually require a high level of dedication and help gather immense knowledge about the subject. It opens the doors to find loopholes and analyze them critically. Being a lawyer, the two skills of research and critical analysis is very crucial.

  1. WITH QUALIFICATION, HAVE KNOWLEDGE

If you have the degree in your hand, but zero knowledge, it yields to no good ultimately. So have the degree alongside what is the worth of your specialization. Stay updated with the recent landmark cases, recent amendments in the statute. This will help you be currently updated with the position of law.

  1. MARKET YOURSELF

Law is no different than any profession when it comes to human resource management. So, like other professionals, a legal profession enthusiast in IPR should also brand himself/herself as one. There are various ways of marketing oneself, which may include attending conferences, getting clients through sources at the start, marking a significant presence in online social media platforms, getting associated with a top-tier law firm.

  1. GAIN EXPERIENCE; TAKE UP INTERNSHIPS

Internships are part of the curriculum of many institutions. This is done for the person to understand his area of interest and gain practical experience in working for the same. Practical knowledge will help you understand the working and the real requirements of the field, turn out to be advantageous in the future. This will help you get preference when you are seeking a job opportunity. A candidate having experience in IPR will any day be given more preference rather than a fresher to the field. So, internships help you grow.

R

  1. SKILLS AND APTITUDE

Skills and aptitude are important to create an outstanding impact on the clients and competitors as well. Relevant skills drafting, research, and good orator skills are a few of the basic requirements while finding the best of skills for yourself. For example, when a patent is filed, it may be in various fields like software, science, medicine, etc. So, having knowledge about every field can help you understand the invention better, which in turn will help you get the grant for the patentability of the product.

Since they also engage themselves in protecting and advising on the exploitation of IPRs commercially, the skill of negotiation and management is vital.

  1. NETWORKING

Be it any field or area of law; networking is essential to survive in the field. Networking will help you meet more people interested in the same field of expertise. This will help you foster your relationship and also stay updated about the happenings in the arena.

9.  DEVELOP THE INTEREST IN THE FIELD

Since you have already chosen the same as a career option, develop a strategy always to stay updated and let your interest strive in the field, do not get bored of the nature of work and lose your focus, then you are losing from yourself and from others in the competition automatically. If you want to change your area of expertise, do it before it is too late for it.

CONCLUSION

Building a career as an IPR lawyer will certainly require some extra effort and hard work to gain knowledge and experience in the field. Once the basic step is done, then the career escalates, and you may sit, take up cases, showcase the knowledge, and enjoy your growth. The scope of having an enriching career in this field is quite high, so start from the early stage.


Sunday, 21 November 2021

 

Online Courses for Lawyers and Their Benefits

courses for lawyers

It is always said there is no age for learning. Knowledge is such a thing which everyone must continue to gather no matter how old or experience they gather. The legal profession is a filed, where everyday something new happens, new laws come up, landmark judgments are passed, and always there are numerous subjects which must be mastered upon.

In the era of technology, not only work has become easy, but learning has also become really accessible for anyone willing to know.

ONLINE COURSES FOR LAWYERS AND LAW STUDENTS

  1. COURSE OFFERED BY UNIVERSITY OF BIRMINGHAM:

This university offers a course on “corporate lawyer: Ethics, Regulation, and purpose.” The duration of this course is three weeks and certificates are also provided for the same.[1]

  1. COURSES OFFERED BY WIPO

The courses offered by WIPO is a long list. WIPO stands for World Intellectual Property organization, the courses offered by it are focused on Intellectual property. There are courses offered which are free of cost, where you get course material and certificate issued by WIPO.

The courses are like Introduction to IP, IP panorama, Introduction to Patent Corporation treaty, copyright and related rights, Arbitration and Mediation procedure under the WIPO rules[2]

  1. COURSES OFFERED BY FICCI

FICCI offers various certificate courses which are inclusive of IPR. They have courses focusing only on IPR and courses where IPR is understood along with different other backdrops like pharmaceuticals, competition law, commercialization, etc.[3]

  1. COURSES OFFERED BY NLUs

Institute like GNLU also offers certificate, Postgraduate diploma, and diploma courses in various fields of law like maritime law, sports law, internet law, corporate laws, legislative drafting, contract drafting, contract drafting, and legal writing, [4]

  1. COURSES OFFERED BY IALM

The courses offered by IALM are vivid, they offer certification, master certification, advance certification like corporate contracts, filing and obtaining trademarks, M&A, Environmental law and policy, IPRs, Engineering Laws, ADR, Juvenile Justice (Care and Protection of Children) Act, 2015, etc. They also offer courses for drafting, pleading, etc. the courses are also available to crack various law exams of a patent agent, judicial services, advocate-on-record, etc.[5]

There are numerous benefits that these legal online courses offer which are appealing for a person to apply for them namely being

1. Institute offering the course:

Online courses are often offered by reputed institutes like National Law Universities in India, FICCI, IALM (Indian Academy of Law and Management), IICA (Indian Institute of Corporate Affairs), etc. If we see this in the larger picture, WIPO, the University of Birmingham, and other institutes are offering courses that are worth taking. They teach and offer specialization in the chosen domain.

This not only gives an opportunity to learn but also adds to the resume of having knowledge about the subject matter.

2. Vast Subject area:

There is absolutely no limit on how many courses one can do. There are so many subjects which are available in various forms to choose from. A person willing to learn may seek either a certificate course or otherwise called the capsule course, or one may prefer a diploma course to have in-depth knowledge about the subject.

Five years or three years are barely enough to cover all the domains of law, and thus the courses help learn the remaining. The courses which are offered are in various domains like Alternate Dispute Resolution, Corporate Governance, Conflict Management, Intellectual Property LawContract LawLabour laws, General Data Protection Regulation, Business Law, etc.

3. Easy Access and anywhere access

Everyone when seeks ease, and everyone loves the comfort of reading whenever they want and wherever they want. These courses have a fixed duration in which the course needs to be completed, but it has no fixed learning hours for each day. The course can be completed flexibly. The courses are accessible on any device with a login id and password

 4. Study material

The courses provide you with numerous study materials to have with you and access it anytime in case of any query. The subject material is detailed and informative covering all aspects of the subject.

5. Pocket-friendly:

The courses offered by the institutions are very affordable and can be done by anyone and everyone. There is no bar for anyone who is willing to learn.

6. Certificate:

They give you valid proof of you taking a specialization in a particular subject which can be flaunted and added to the resume.

CONCLUSION

Every day is a perfect day for a new start. And so, learn something new every day with just a few clicks at an affordable price. Knowledge is never wasted and is a wealth that a person possesses. So, learn, share, and grow.


Thursday, 18 November 2021

 

Importance of Client-Centered Lawyering

Importance of Client-Centered Approach for Lawyers

Introduction

Client-centered lawyering offers lawyers techniques that motivate client participation, and this was adopted first in the legal clinics. In earlier times, the clients used to delegate the work to the lawyers and completely trusts them with their cases. The clients did not have active involvement in the case. Therefore, client-centered legal client management is aimed to create an interactive dynamic space that facilitates developing mutual trust and respect between the client and the lawyer.

Read Also – What is the Importance Of Legal Technology in Legal Profession?

Additionally, it facilitates the disclosure of accurate information and timelines of the case. In this modern era of alternative legal services offered through Artificial Intelligence, clients expect instant response and action from the lawyers. The fundamental principles of client-centered lawyering can be achieved by respecting the client’s importance in decision making and giving value to their emotions and perspectives related to the matter.

The following are the overarching goals of active participation of the clients in legal matters:

  1. Addressing non-legal issues: The non-legal issues involved in a case includes the economic, social, psychological, religious, and moral circumstances that affect the client due to a legal proceeding. It is integral to take note of these issues so that the lawyers can serve the best interest of the clients. If these non-legal issues are not taken note of, the implications it might leave the clients worse off than they were before the legal proceedings began.
  2.  Primacy to client decision-making: Legal client management software reduces the role of lawyers’ in trivial matters and creates opportunities for increased client participation. This helps the client play an essential role in making thoughtful decisions of their case and bring in solutions. Even though lawyers unequivocally possess considerable knowledge of the law and legal consequences, clients are in the best position to understand how their lives will be affected by legal outcomes.
  3. Good rapport with the client: The client-centered approach improves the understanding of the clients’ experiences, emotions, and perspectives, which enables in adducing additional material in building the case. This holistic method puts the client in the center of decision-making. In prospect, it also ensures more likelihood of success and attracts prospective referrals for the firm. It also develops the personal relationship between the client and lawyer.
  4. Prevents confusion and uncertainty: Legal client management gives prominence to client communication. Direct communication with the client prevents confusion while dealing with legal matters. It helps in facilitating the information to transfer between the client and the lawyer in a crystal clear way without any ambiguity. Besides, the lawyer can understand the unstated feelings and vaguely expressed emotions of the client only through clear communication. Above all, the lawyers can provide adequately articulated advice by being empathetic. They can also elicit accurate timelines and information through properly framed questions with the help of direct communication.
  5. Tackling Hostile Clients:  Lawyers usually deal with rambling clients who are impatient, angry, and emotionally driven. Client-centered approach lawyering takes special care of the clients’ concerns and places importance on keeping them informed about the case. In response, it helps in reducing violent situations by giving the clients the feeling of being understood by the lawyers. Lawyers can also explain the matter and help the clients in making informed decisions.
    Read Also – Roles and Permission-Help Center

Automate your practice with our legal practice management software – Sign Up Now!

Technological Innovation to Level-Up Client-Centered Firms

The use of technology is inevitable in this fast-paced modern era of globalization. Manual workflows are often error-prone and time-consuming. Therefore, employing automated workflows improve efficiency, quality of work, and reduces erratum. Legal client management with the aid of technology attracts clients and makes the firm more profitable by keeping the overhead costs less. Furthermore, legal tech facilitates the lawyer to manage the plethora of work in an organized way. Automation cuts out time-intensive and repetitive tasks, which improves law firms’ productivity and cash flow considerably. Ultimately, technology helps in building a beautiful and long-lasting relationship between the client and the lawyer. The following are the few ways in which forward-thinking law firms can employ technology to make it more client-oriented:

Read Also – 6 Technologies To Improve Your Law Practice

  1. Client portal: The client portal in a legal CRM, such as Legodesk, (Customer Relationship Management) bridges the gap between the lawyer and his clients by improving transparency and trust, leading to a happier and more efficient borderless work environment. Lawyers can create tasks and events and send them to the clients and send reminders to get legal documents returned. The client portal maintains confidentiality and helps in sending secured messages and keeps them informed about the legal matter. Such client portals are one way of transforming the legal firm into a client-centered one.
  2. Virtual Receptionist services: Responsiveness is an integral aspect of a legal firm that gives prominence to its clients, but a lawyer may not always be in a position to respond to clients. Therefore it is vital to have a virtual receptionist who is available all day to address the concerns of the clients. Virtual receptionists can take messages, schedule appointments, transfer calls, and even answer basic questions from clients and helps in improving client satisfaction.
  3. Live chat specialists: Live chat specialists can be employed for people who visit the firm’s website. They can engage in real-time conversations through an online chatbox. It will eventually help in capturing leads and later converting them into clients. Delivering instantaneous communication can be achieved through live chat specialists. Through the use of Artificial Intelligence, live chats can also be automated to some extent.
  4. Online payments:  Providing clients with flexible payment options online is another way of ensuring client satisfaction. As it is effortless, and they reduce the legwork of traveling to the office and waiting for the lawyer. Clients can pay electronically as and when needed by the lawyer for filing the cases, registering documents, stamp duties, court fees, and other things. There are also features such as time tracking, to track the time spent on each case to track billable hours.

Conclusion

To sum up, client-centered lawyering, combined with legal tech, results in an efficient and organized firm with happier clients. Embracing technology also aids in the reduction of internal clashes by distributing the workload efficiently. Lawyers should be able to serve their clients at any crucial moment, and it can be achieved through a client-centered firm well equipped with technology. Positive relationships with the clients aid in the growth of the firm through referrals and also drive more business in this competitive legal world.
Read Also – Child Adoption laws in India


Wednesday, 17 November 2021

 

How to Start a Law Firm in India

In today’s competitive environment, it’s a challenge for even the most qualified lawyers to maintain and grow a successful law practice.  Soif you are looking to start your own practice or grow your existing practice, the question is How can I stand apart from the competition and effectively in the market”.

Automate your practice with our legal practice management software – Sign Up Now!

Here are some hallmarks that would guide you commencing a distinguish yet successful law firm

1. Focusing Ideas

Decide on your niche, then narrow your focus and broaden your appeal. Decide to focus on one area of law from the start. A law firm cannot operate as a collection of practices that have no interaction with one another. When individual practices merely exist under the same roof, internal competition, hoarding of work, jealousy, and suspicion develop. Successful law firms must have a focus, and each lawyer should develop specialized expertise consistent with the firm’s mission. Focused law firms will have significant marketing advantages because they will know what they are marketing.

2. Build a law firm Website

Creating a website has immediate short-term benefits because it can help you build instant credibility.  Chances are that even if you are being referred to a client, that person will want to do their own diligence on you.  Having a website that emphasizes your experience and practice strengths gives a potential consumer a degree of comfort that would otherwise be difficult to replicate with a word-of-mouth referral alone.  If you are ambitious, you can get a site up and running in a day!

3. Build a Team

Don’t hire an employee to fill a position. Employ a person to be part of a team that will help to build your business. Make it your family. I hired my first employee within the first year of opening my law office. I couldn’t afford her. But I had the vision that if she helped me, I could do other things. She freed my mind and allowed me to leap to the next phase. Hire smart and trust your intuition.

4. Leadership

Most flagging law firms have poor or weak leadership. Effective leadership involves spending time to articulate firm goals and objectives and motivating partners and employees of the firm to embrace those goals and objectives. In addition, it requires example, consensus-building, fairness, patience, and good communication skills. Many firms have leaders, but lack leadership. Leaders who exercise leadership must establish a sense of direction and maintain the firm’s focus. Leaders must avoid the temptation to place themselves above others. Conversely, leaders must provide for succession and their own eventual replacement. Most important, effective leaders subordinate their own interests to those of the firm.

Read Also – 6 qualities of most successful lawyers

5. Practice Management

Keep track of deadlines, check for conflicts, manage client information, track your time, client’s bill, and draft document. There are many ways to manage all of these responsibilities including software designed to manage some or all of these concerns.

6. Financing

Track spending and plan smart for any future advertising and promotions. Law firms fail because of poor budgeting. Track and use analytics for finances on a weekly basis, and always know what comes in and what comes out. Tracking weekly reports of money is a key factor in the growth of any law firm.

7. Innovation

One of the greatest things about being a solo or small firm attorney is the flexibility you have.  You can change the way things have always been done, incorporate new technology to meet the demands of your clients, and adapt your business to the way you like to do business. Don’t be afraid to try new things.  Educate yourself on new technologies and how your clients incorporate them into their business or lifestyle and then see what you can do to make the decision of hiring you all that much easier. Innovation is the fun part of running your own business. Embrace it.