含羞草社区

Welcoming change

In an era of rapid evolution in the legal profession, new services are taking hold

It is important to continually evolve and change with the changing tides of time. This becomes especially significant when we factor in how rapidly our lives are evolving with adopting technology. We have moved from sending letters to using telephones, pagers and mobile phones, and now smartphones, with 5G technology gradually rolling out worldwide. This transformation did not restrict itself to communication. Rather, it spread across industries and borders, creating a long-lasting impact.

The legal industry is the same in this respect. Over the years, it has undergone multiple changes, with the most recent heavy influx resulting from the covid-19 pandemic, leading to widespread adoption of modern technology solutions. From courts to corporates, every facet of legal work became feasible at the click of a button, leading to significant issues and roadblocks of the time being addressed.

Whether it be stacks on stacks of paperwork, paragraphs after paragraphs of a contract, geographical restraints of access to quality legal services, or even just avoiding the hassle of visiting a lawyer’s office, the legal industry is now spoilt for choices when it comes to solutions. Alternative legal service providers are cost-effective, save time and reduce the manual effort required for these mundane tasks.

In our Intelligence report, we talk to some of these service providers acting as alternatives to traditional legal services, the general counsel who form primary targets of such service providers, and even an incubator for such alternative legal services.

But does this mean that traditional legal services are finished? Far from it. They will evolve and adapt, but never disappear altogether. In fact, the traditional legal services, namely independent counsels and law firms, continue to soar high, welcome new and ambitious members and achieve new heights time and time again.

And so, it is that time of year again when India Business Law Journal aims to recognise many of such achievements by law firms in India, casting a wide net, inviting client testimonials about their experiences working with them. We reach out to more than 1,000 clients across the country to identify the top-performing law firms.

Our Cover story presents to you the Law Firms of the Year 2025, which spans 38 practice areas. The law firms have been recognised in two independent tiers: one for firms with 100 or fewer lawyers, and another for firms with more than 100 lawyers. This has allowed smaller but high-performing law firms to share the spotlight with the industry’s biggest names.

Not to be confused with this edition’s Spotlight, that shines on a popular area of practice for many law firms: arbitration.

While news has emerged from one government department to another suggesting that arbitration should be avoided in agreements, former deputy advocate general Varun Kumar Chopra writes about the favour arbitration enjoys in Indian courts, where even non-signatories are sometimes included under the scope of arbitration provisions.

Courts seek whether there was mutual intent to arbitrate and decide accordingly. However, the question continues to arise, prompting courts to respond repeatedly, thereby steadily expanding the body of related jurisprudence, resulting in continued endurance by arbitration as a dispute resolution method.

Another enduring area of practice is white-collar crimes. In the prosecution of these crimes, directors or other key managerial personnel are often arrested for actions done in the name of the company. Is this lawful as per the spirit of the law?

In What’s the deal, we look at the issues with holding key individuals liable for corporate actions. While not without reason or cause, the current approach requires significant revision to ensure proper accountability, especially in issues related to compliance, employment and more.

However, this does not mean that the law should simply be broadened. Reform requires stricter enforcement to prevent wrongful prosecution. Numerous corporate violations are reported every year, and it is important to ensure proactive and positive jurisprudence development with each instance.

A proactive and positive approach is also planned in the form of this year’s conference by International Trademark Association which will be held in San Diego and chaired by INTA president Elisabeth Stewart Bradley.

In this issue’s Vantage point, Bradley talks about trademarks in India, expressing optimism about the industry’s strong numbers and active transformation. That said, she acknowledges the hurdles that remain, remaining hopeful that the government is taking steps to improve the processes and clear roadblocks.