Dear Sir,
While I applaud the step taken by a number of law firms to publish their rates in the September edition of this magazine, I do question whether it will have a significant effect on the transparency of billing in India.
Those of us running in-house legal departments for foreign companies rely heavily on the expertise of the local Indian legal profession and yet we are often at their mercy when it comes to the cost of their services.
While Indian law firms are attracting more and more young lawyers with overseas experience, they have yet to adopt the practices of their European and American counterparts in terms of billing and general disclosure.
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Two recent instances brought home to me the gulf between what happens on the ground in India and what I take for granted when dealing with international legal firms in the region.
At the request of a large multinational we canvassed the Indian profession to seek expressions of interest from firms wanting to sit on an advisory panel for this prestigious US company. Of the 15 or so invitations sent out we received five responses. Of those responding, 3 provided a list of their fees but one refused on the basis that it was illegal to do so. Astoundingly their response implied that our client could be prosecuted for making such a request.
In the second instance, a firm that has been handling our work for several years accepted instructions from a former client of ours to handle a claim against us. A clear conflict of interest yet no conflict checks were undertaken before the instructions were accepted.
There has been a significant improvement in the manner in which the Indian legal profession delivers its services but while attitudes and practices like these prevail, foreign multi-nationals will continue to be frustrated in their interaction with the profession.
Jane Niven
Regional General Counsel
Head of Legal & Compliance
Asia Pacific
Jones Lang LaSalle
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