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ABOUT BHARATIYA VIDHI SANSTHAN


Bharatiya Vidhi Sansthan is an autonomous body, set up on 26th may, 2006, as Centre for Advanced Socio-Legal Research (CASLR), has done significant work in the field of legal research, education, and CASLR), promotes the systematization of law. Sansthan encourage, conduct investigations in legal and allied fields for otes improvement in legal education, and impart instructions in law via training program to meet the social, economic, legal and all other needs of the Indian people. Besides performing important advisory role in fostering the empirical research and making law as an instrument of social engineering, it undertakes research on current legal issues. Sansthan has the requisite independence and academic freedom to carry out its objectives. Sansthan has achieved the place of a om premier center of national & international legal research and studies, in which the lawyers, professionals, judges, government officials and academicians have been participating.

Objectives :
Bharatiya Vidhi Sansthan promote advanced studies, research for advancement in law sectors and also engaged in clarification, simplification, systematization of law, and conduct investigations in legal and allied fields. Sansthan involve in promoting legal education from primary section to higher studies in India and also involved in promoting legal education in rural area of India via trainings program, by organizi workshop, organizing seminars and by participation. Bharatiya Vidhi Sansthan involve in Panel Discussions, Colloquium, National and International Conferences, Symposiums and training program for young lawyers/judicial officer etc. Sansthan also indulges in Publication of journal, Annual Survey of Indian Law, Index of Indian Legal Periodicals, iinviting national and dex international legal luminaries to deliver talks and lectures and conducting Orientation programs.. Publish studies, treatises, books, periodicals, reports and other literature relating to law and allied fields & undertake documentation of important legal and allied materials and maintain libraries for Sansthan. Bharatiya Vidhi Sansthan Cooperate with other Government and non government iinstitutions and organizations of national and international levels, in the pursuit of all or any of the above objects. Constitute , or cause to be constituted regional offices at convenient centers in India to promote the activities of the Sansthan.

Rules of law make man responsible for their duties

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About the Promoter:


Bharatiya Vidhi Sansthan is headed by the Dr.R.R.Sharma. He is known for his simplicity, humility and scholarship. A staunch supporter of the weak and the meek, champion of Social Justice and Rule of Law, and stands for the values, which the Indian Legal System is designed to protect. Dr.Sharma has had enough opportunities to actively associate with various international and national organizations.

Message from Promoter Desk: romoter


Bharatiya Vidhi Sansthan strives to educate and nurture the unexploited talent of youth needed for the dynamic and highly competitive world. We offer you and many more youths like you an opportunity to realize your dreams of becoming one of the best law professionals dedicated to the alleviation of sufferings of humanity and the development of the nation. We teach, train and prepare the students to tackle any situation independently to achieve higher degree of excellence in professionalism. Our endeavour has been to develop it as a lively and throbbing centre of learning and research. We offer wide range of professional program in Law. Bharatiya Vidhi Sansthan is focusing on providing education and facilities to the downtrodden strata and rural youth of society with particular focus on woman folk in the focus region. I extend my best wishes to all the students for their successful professional career and bright future.. Bharatiya Vidhi Sansthan is one of its own kinds in India and poised for a quantum leap in development of legal education in rural area. Our objective is to provide high quality education ion accessible to students from different strata and regions of the society at affordable prices. It is our consistent endeavour to create ambience by providing continuously updated law programms. Establishing legal education in rural area would envisage the cause of s. enlightening the minds of rural youths to new frontiers of knowledge at their doorstep and pave way in transforming rural youth energy in economic, industrial, entrepreneurial, social and cultural growth. We believe in empowering students with strong knowledge base in a holistic and

multidimensional manner encompassing all theoretical, applied and conceptual aspect by applied maintaining the exclusiveness of the discipline. I am aware that there exists an ample scope for us to enhance our standards, to reach higher pinnacles of academic excellence. Undoubtedly we would be able to achieve these objectives with cooperation of learned and experienced faculty objectives devoted to the over all development of student's personality. I assure you that your life as a student would be highly rewarding in terms of academic pursuit and filled with good human values. I extend my best wishes to you all for a successful Professional career in law. xtend

Dr.R.R.Sharma
(Chief Promoter) Chief

Bharatiya Vidhi Sansthan

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Ambassador Message:
The establishment of the Bharatiya Vidhi Sansthan marks indias entry into the law club of India which are home to the law schools right now. The Bharatiya Vidhi Sansthan . is modeled on the lines of the premier law school, which are involved in Socio-Legal and professional training in law Legal sector.
Counseling cell

The Bharatiya Vidhi Sansthan aims at being the torchbearer in the field of legal education by starting and developing unique induction training in almost all major sectors of law for higher learning learning. There has been an increased interest in the study of law over the last decade, Sansthan helping more and more students now choosing law as a career. In the midst of the euphoria, Bharatiya Vidhi Sansthan, have already established a plethora of law education in. Sansthan accept the challenge to maintain the quality in legal education as quantity was never an issue The Bharatiya Vidhi Sansthan issue. starts law smart classes of international standard to nurture student and people of India via professional train training programs in almost all sector of laws. Bharatiya Vidhi Sansthan indulges in solving burning problems of India via training, workshops, seminars and research for realizing great Indian drea dream of healthy, educated and employed nation. I thanks Bharatiya Vidhi Sansthan to given us opportunity to be a part of transforming law education with global attitude. Thanks..

RAJENDRA B. RAGHUVANSHI (Ambassador) (Ambassador Bharatiya Vidhi Sansthan


Former Additional Solicitor General of India Former Vice-Chairman, Bar Council of India Chairman,

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Ambassadors Profile
RAJENDRA B. RAGHUVANSHI,
Advocate, High Court, Bombay Former Additional Solicitor General of India Former Vice-Chairman, Bar Council of India
Former Chairman, Bar Council of Maharashtra & Goa
ADDRESS LANGUAGES KNOWN : : 1502- B, Sukhada, Sir Pochkhanwala Road, Worli Mumbai- -400 030. 25, Ismail Building, 4th Floor, 381, Dr. D. N. Road, Flora Fountain, Mumbai- 400 001. English, Hindi, Marathi, Gujarati and Ahirani

STUDENT ACTIVITIES In 1975-1978 President Youth Congress, Nandurbar given Court arrest in protest of Late Smt. Indira jis arrest. In 1978-79 President of Nandurbar Youth Congress in 1978-79 (when Congress party was not in power). In 1979-80 Secretary debating, ILS Law College, Pune. National Debater. In 1980 President , NSUI, Pune University, Pune, Maharashtra In 1981 - Passed LL. B from the I. L. S. Law College, Pune. Was Debate Secretary of the Students Counsel. National Debater. In 1981 - Enrolled as an Advocate and started practice on Appellate Side in the Chamber of K. J Abhyankar of the Bombay High Court, Mumbai. Conducted various matters in the Bombay High Court. In 1987-88 Elected youngest Secretary of the Western India Advocates Association, High Court, Mumbai. Appointed Assistant Government Pleader on behalf of the State of Maharashtra for constitutional bench, in the Bombay High Court, Mumbai. Conducted various type of constitutional matters on behalf of the State. In 1990 Elected as youngest Vice-President of the Western India Advocates Association, High Court, Mumbai In 1996 Resigned as Assistant Government Pleader for State of Maharashtra and started private practice in the Bombay High Court, on Appellate Side. Worked as Panel Counsel for Union of India in the Bombay High Court, Mumbai. Also conducted various cases on behalf of the various Municipal Councils, Municipal Corporations, Agriculture Produce Market Committees, Cooperative Sugar Factories, Cooperative Milk Federations, Zilla Parishads, District Central Cooperative Banks and North Maharashtra University and Private Individuals. Worked as Special Counsel for Election Commissions of India and State Maharashtra Election Commission. Worked as Special Counsel for State of Maharashtra before Justice Mane Commission of Enquiry at Aurangabad. In 2007 appointed as an Additional Solicitor General of India in High Court of Mumbai, Maharastra BAR COUNCIL ACTIVITIES In 1998 - Elected Chairman of Bar Council of Maharashtra and Goa unanimously and started various Welfare Schemes for the Lawyers in the State and also started regional office of the State Bar Council of Maharashtra and Goa at Aurangabad. Conducted various seminars and conferences on behalf of the Bar Council of Maharashtra and Goa. In 2004 Elected Member of Bar Council of India from Maharashtra and Goa unanimously. In 2006 -Elected Vice-Chairman of Bar Council of India unanimously. Organised various Seminar and Conferences on behalf of the Bar Council of India and also organizes meeting of Members of Parliament from legal field. In 2006 Member in Executive Council of National Law School of India University, Bangalore. In 2008-2009 Member, Gujarat National Law University, Gandhinagar. PARTICIPATION IN INTERNATIONAL CONFERNECES: In 2004 - Participated in INTERNATIONAL BAR ASSOCIATION CONFERENCE at Auckland, New Zealand and also visited various Universities imparting Legal Education in Australia. In 2005 Visited Pakistan on Goodwill visit. In 2005 - Participated in COMMONWEALTH LAWYERS CONFERENCE at London, U. K. In 2006 - Participated in INTERNATIONAL BAR ASSOCIATION CONFERENCE at Chicago, U.S.A. In 2007 - Participated in INTERNATIONAL BAR ASSOCIATION CONFERENCE at Bangkok, Thailand. In August 2007 Invited by American Bar Association to participate at their guest in their annual meeting at San Francisco In September 2007 Speaker in Commonwealth Law Conference at Nairobi, Kenya. In May 2008 - Invited by the GOVERNMENT OF UK to discuss matters of mutual interest with LAW SECRETARY OF ENGLAND, BAR COUNCIL OF ENGLAND on behalf of BAR COUNCIL OF INDIA. In June 2009 - Invited by The Law Society of England & Wales, London as Speaker. *****

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Ex. Ambassador Message


Bharatiya Vidhi Sansthan is establish to achieve the goals set by Ministry of H.R.D. as per norms of Govt. of India with main objective of introducing employment centric job in nation for solving problem of unemployment, peacelessness and poverty. Its mandates to provide legal and professional awareness and to give idea of the latest development and trend in law sector which are shaping and changing

corporate/industrial relation in global perspective to people of India.

It is heartening to note that programs launched by the Bharatiya Vidhi Sansthan are in frontier areas covering different disciplines of law. Further, starting of Training programs in several new areas of law will help the youth to acquire required knowledge and skills to trap the emerging opportunities, made student to be frontrunner in all sector of corporate consultancy, and dare to think beyond in every sector.

I hope that the program of Bharatiya Vidhi Sansthan will benefits the young India a lot and help the youth of country to prove their supremacy at global levels and wish all success , the Bharatiya Vidhi Sansthan will be on the global map in short period of time.

CA. Uttam Prakash Agarwal (Ex. Ambassador Bharatiya Vidhi Sansthan, Mumbai) Ex. President ICAI, New Delhi

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Gems of Bharatiya Vidhi Sansthan

Legal Education in India


The Constitution of India basically laid down the duty of imparting education on the states by putting the matter pertaining to education in List II of the Seventh Schedule. However, it now forms part of List III, giving concurrent legislative powers to the Union and the States. Legal profession along with the medical and other professions also falls under List III (Entry 26). However, the Union is empowered to co-ordinate and determines standards in institutions for higher education or research and scientific and technical institutions besides having exclusive power, inter alia, pertaining to educational institutions of national importance, professional, vocational or technical training and promotion of special studies or research.

The Journey of Legal Education, from the crossroads to modernization


Prior to the introduction of law program, Bharatiya Vidhi Sansthan believe that most of the students who performed well in their Intermediate Education aspired to study medicine, engineering, computers, business management and accounting. Law as a profession and legal education as a discipline was not a popular choice of the students. Unlike India, the situation prevalent in England, America and in many other developed countries is convincingly different. The admissions to law schools in these parts of the world are highly competitive. The end result is that the 'creams' among students opt for law by choice and not as the last resort and thus richly contribute their shares to the society as lawyers, judges, para-legals and academicians. Though, Bharatiya Vidhi Sansthan are doing their bit to bring about a change; but more effectively the perspective of prospective law students can be changed by a healthy pre-legal education at the school level.

Recognizing the need for modernization of legal education


The conventional role of a lawyer is to step in after the event takes place, in order to resolve dispute and dispense justice to the aggrieved party. In the changed scenario, the additional roles envisaged are that of policy planner, business advisor, negotiator among interest groups, experts in articulation and communication of ideas, mediator, lobbyist, law reformer etc. In this the era of information capitalism, economic liberalization and WTO, legal profession in India has to cater to the needs of a new brand of legal consumer/client namely the foreign companies or collaborations. The Bharatiya Vidhi Sansthan makes strategic plans that set out a clear vision of justice delivery and address the emerging realities of the market. Goal of the law schools should be to build a 'system of legal education' that: 1. Encourage Clinical training: In the past it was sufficient for those reading law to restrict their knowledge to the theories of law, codes or decided cases. However, in order to meet the new challenges of the present legal system, it is imperative that the law schools provide clinical legal education. 'Justice' must become central to the law curriculum and community-based learning must give the desired value orientation in the making of a lawyer. This concept of justice education in the field of legal education means that the law school curriculum should entail certain programs like Lok Adalats, Legal Aid & Legal Literacy and para-legal training. The complementary teaching methodology of learning by doing and the conventional classroom teaching, through the law school clinics, help in developing the advocacy skills in the law students. 'Mock' trials and Moot court competitions, structured as court trial; client interviewing and counseling sessions; legal research; editing of law journals; legal drafting and conveyancing; court visits etc. in the curriculum is one of the ideal ways to facilitate performance based education. It is a means of improving in students the

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basic skills such as the skills of critical thinking, presentation skills, participation skills, and the skills to work as a team, the leadership quality, in addition to the boost in students knowledge of law. Even though, in tune with the time, Clinical Legal Education holds an indispensable position, still its acceptance, existence and development in present legal education system, is at its nascent stages.

Scheme of legal education:


Bharatiya Vidhi Sansthan believes that due to lack of infrastructural support, we failed to establish a clinic which would facilitate the students to carry out experimental learning of law. It is pertinent that the Bharatiya Vidhi Sansthan facilitates, the establishment of functional clinics and for promoting the programs like as Lok Adalats, legal aid and legal literacy, client interviewing and counseling etc. The teachers of Bharatiya Vidhi Sansthan associated with the clinical education preferably have some practical experience in law. Association of retired judicial person professors, as visiting faculty are person/ , instrumental in selecting suitable clinical experience for the students and enhance amongst the students the commitment to learn. Other cons constraints of Bharatiya Vidhi Sansthan to foster higher standards of clinical legal education. To ensure adequate supervision, right guidance and extensive practical learning. There are regular refresher programs organized by the Sansthan 'training the trainers' which help the students, the aplomb which every advocate should possess. disciplinary 2. Promote an inter-disciplinary approach of law with other social sciences: A person who studies law must have some proficiency in country's history, political theory, economics and philosophy, to enable him/her in becoming agents that participate in institutional changes 3. Encourage proficiency in languages: Command over spoken and written language, effective oral skills, diction and extensive readin are prereading requisites that are understood. Knowledge of a foreign language is important to be a lawyer in the global . economy. Law students should be provided with the opportunity to learn a foreign language of their choice. 4. Personal Characteristics: yers, Lawyers, solicitors, legal executives all need good intellectual ability, the ability to assimilate & analyze facts quickly. Law students hence need to develop their ability to distinguish the relevant form the istinguish irrelevant, screen evidence, and apply the law to the situation under scrutiny. The law students are further required to enhance the ability to argue, explain and convince points of law. They need to maintain their complete integrity of character and need mental and physical stamina in order to cope with the long hours, travelling and stress. th 5. Promotes acquaintance with new technological means: Law schools and universities should be able to provide e e-programs on the shelves. The teachers should put program materials on the Web, conduct on line tests/assignments and grade students. Web sites can on-line lead learners to virtual classrooms. Teachers and students should be oriented to look at the Web as an classrooms. information provider.

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6. Develop a critical outlook: Law teachers should switch over to what is called as 'comparative method of teaching'. The law students should be mobilised to evaluate the existing or prospective draconian laws, participate in discussions on the latest developments and required amendments. Conclusion: Legal education is an investment which if wisely made will produce most beneficial results for the nation and accelerate the pace of development. Of late, the role of a lawyer in a common law system is more than a skilled legal mechanic; he acts as a harmonizer and a reconciler. The legal education granted at the law schools should be aligned to the conventional and contemporary needs of the legal profession. As our laws are so complex, the work of Lawyers and Judges is very significant. Moreover, as the society is getting more civic conscious and aware about the legal framework, the jobs in Law are also gaining popularity and high scope. A lawyer is an individual licensed by the state to engage in the practice of law and advice clients on legal matters. Lawyers act as both advocates and advisors on behalf of their clients. As advocates, they represent either the plaintiff or the defendant and advance their clients case through oral argument or written documents such as motions and briefs. As advisors, lawyers counsel clients on how the facts of their particular case apply to the law.

Law Education: Law as Career in India


Bharatiya Vidhi Sansthan believes that Legal profession is one of the growing and lucrative professions all over the world. It is one of the most adventurous as well as exciting career. Lawyers are held in high esteem in our society, and there remains the faith that when all else fails, one can still take reprogramm to the legal system. In our daily life in one way or other we may come across situations where legal advice is required. In such situation, we need the advice of a legal professional who analyze and interpret law properly. Lawyers counsel clients about their legal rights and suggest programm of action in a particular matter. They also advise clients and draw up legal documents, such as wills and contracts and conduct negotiations on legal matters, and may represent clients in court and tribunal proceedings. Academic excellence is not the main thing behind the success in this profession. Professional competence acquired through experience and practice with efficient lawyers is the main yardstick of success. There are various areas of specialization in this field which one can choose from like corporate law, international law, Cyber law, IPR & LPO, Human Rights law, tax law and so on.

Careers in Legal Consultancy


As per Bharatiya Vidhi Sansthan Legal Consultancy is growing as a bright career options among law graduates. Legal consultancy has multiple fields within itself. Consultancy can be related to Income tax, sales tax, copy right, intellectual property rights, corporate laws, Cyber law and labour laws etc. This profession is highly remunerative and prestigious. Growing numbers of law firms are recruiting professional law graduates for consultancy services in various areas. As modern life is becoming more and more complex there is increasing number of property and family disputes which can be resolve in out of court

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arbitration but with proper guidance of a legal consultant. Serious matters like adoption, succession, divorce etc needs the help of a qualified and experienced legal consultant before they reach to the court. Therefore legal consultancy now is a preferred job among youngster. Law as a career option, Bharatiya Vidhi Sansthan elaborated the job profile, personality traits required, the programms and training involved, and future prospects.

Personality Traits
Success in this profession is not based on marks one obtains in the exam, but it is very much related to personal attributes. One must have good oral and written communication skills, logical reasoning, power of concentration, patience, good memory to relate and quote past cases to prove your point, ability to argue and discuss matters with a variety of people, self confidence, courage to deal with threats especially in criminal cases etc. He should have up-to-date information on any changes in law. A good library and a fair amount of reading is also important. Bharatiya Vidhi Sansthan provides all such requirement to their students through out life.

Prospects
They can find employment in various courts of law, in government service both Central and State government, as teachers, as legal advisors in various companies, business houses, organisations etc. They also do private practice as legal advisors, advocates, solicitors etc. One, who wishes to become an advocate and practice law as a profession in India, should enroll with the local State Central Bar council. An application for admission as an advocate shall be made in the prescribed form to the State Bar Council within whose jurisdiction the applicant proposes to practice. The Bar Council of India and the State Bar Councils forms a self-contained code of law for legal professionals practicing in India. Lawyers can find employment in a variety of positions in the Government Service as well as other fields. Lawyer can also work as legal counsel and legal advisers for firms, organizations and families. They can work as trustees of various trusts, as teachers, law reporters, company secretary and so on. Opportunities exist in the defense services too. Additional qualification along with law degree offers scope for a wide range of employment opportunities.

Government Services
Lawyers are appointed in central services (Indian legal service) through UPSC on grounds of their experience in the field. Posts covered under Indian legal service are Law officers, Assistant Advisors, Dy. Legal Advisors and Legal Advisors. State legal service appoints lawyers through SPSC exams in senior position in State police/Revenue/Judicial Departments. The basic qualification is degree in law, besides a degree in Arts / Science / Commerce / Agriculture. Average age limit is between 21 to 30 years. In the judiciary, the posts are that of the magistrate, district and sessions judge, munsif (sub-magistrate), public prosecutor, solicitors, attorney general, advocate general, notary and oath commissioner. There are also legal secretaries appointed in assemblies, law inspectors, legal officers in banks, judicial members of income tax, sales tax and excise departments, government advocates and staff in the registrar of companies' office. The examination for these posts takes place periodically & is advertised as and when the vacancies occur. Magistrate and Sub-Magistrate: A candidate who qualifies in the Law Service Commission or State Public Service Commission is eligible for appointment as Magistrate and Sub-Magistrate (munsif). While magistrate presides over criminal court, munsif delivers judgment on civil cases. Promotion may take a

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person higher up to sub-judge, District and Sessions Courts Judge and further (depending upon seniority judge, and vacancy) to appointments in High Courts and the Supreme Court. Public Defenders: At the state, federal and public defenders serve as court-appointed attorneys for those appointed who cannot afford an attorney. Public Prosecutor: Govt. Pleaders represent the State in sessions courts and lends advice to officers in districts in all legal matters when called for. Solicitor: Advices the governments on legal matters and submit statement of important cases to Attorney : governments General of India for his opinion or appearance in the Supreme Court as necessary. A Solicitor General makes sure that the Attorney General performs his duties properly. Attorney General: Attorney general appointed by the president advices the government of India on such legal matters as may be assigned to him by the president. He has the right of audience in all courts of India and participates in the proceedings of Parliament without the right to vote. Advocate General: Similar to the post of Attorney General at centre, each state has an Advocate General appointed by State Governors. These offices generally prosecute cases that have statewide significance and work with local District Attorney's offices in the prosecution of cases. One of the best ways to gain trial experience quickly after graduation is to work at a state attorney's office. District Attorney: Assistant State Attorneys (also called district attorneys) are primarily res responsible for criminal matters and prosecution. The District Attorney is usually an elected official. Depending upon the size of the District Attorney's office, they may have multiple units that focus upon different types of crime such as domestic violence, homicide, appellate work or sex crimes. If you work with a smaller District Attorney's office, you may have the option of handling diverse caseloads. Notary, Oath Commissioner: A notary is a legal practitioner of at least ten years experience in the profession. He is appointed on application to Central, State government to draw, verify, authenticate, certify ession. and attest the execution of any deed. Oath commissioner is another established authority similar to the notary. Legal Advisers: Public sector undertakings and state and central government organizations also employ lawyers as advisers. Other fields: Lawyer can also work as legal counsel and legal advisers for firms, organizations and families. They can work as trustees of various trusts, as teachers, law reporters, company secretary and so on. Opportunities exist in the defense services too. Additional qualification along with law degree offers scope for a wide range of employment opportunities. Defense Service: They can work in t legal branches of the defense departments such as the Indian army, Navy and Air force. They conduct courts of enquiry and court Martials of offending service personnel governed by the particular legislation acts. : departments of Legal Advisors: They work in legal departme firms or for private clients. Legal advisors counsel their clients as to their legal rights and obligations and suggest the appropriate programm of action in business and personal matters. They also check deeds, issue writs, collect information for affidavits and draft legal documents. Advocate: An advocate practices in the court of law. He represents a party (individual, group of individuals or a company) in a court of law. They present the facts of the case to the judge, cross examine witnesses and finally sum up the reasons as to why the court should decide in their clients' favour. d Solicitor: Solicitor is a kind of advisor to clients on a variety of matters that involves law. Solicitors explain the cases of his clients to the advocates. Solicitors need never appear in court directly. Solicitor's firms Solicitors undertake cases related to their area of work.

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Teacher: Those with a good aptitude and taste for teaching can go for take up job in any University or Institute offering law programms to students. s Writer: if he has a flair for writing may act as an author, produce journals and legal commentaries, and bring out law reports. They can write articles for magazines, news papers etc. Company Secretary: A law graduate and/or a member of the Institute of Company Secretaries can be employed as a company secretary in a firm.

Career in Corporate Law


What with existing businesses growing in size and with a large number of new business enterprises opening shop each year, corporate lawyers are on a growth flight which is likely to last several decades. Corporate law defines the rules of the game for business corporations. And corporate lawyers come into business play whenever any of the parties involved cries foul which is very, very often, indeed to advise their corporate clients, to argue their cases in court, draw up business contracts for them and so on. The Work : Lawyers in private practice usually work for long and irregular hours meeting clients, researching and reading about new developments, drafting contracts and agreements or preparing briefs (particularly when their cases are being tried in court). On the other hand, their salaried counterparts in the court). Judicial Service or those in corporate sector tend to have saner and more structured work schedules. As a lawyer, you will end up spending a considerable part of your time at your desk. Hence, cultiva cultivating the art of intelligent listening, sifting the grain from the chaff, counselling, negotiating and writing/drafting are absolutely vital for a successful lawyer. The rest will come with experience. This is a profession where family connections still matter. Reputation is what clients go by in the legal matter. profession and that has to be earned. It rarely comes easy or fast. Employment Opportunities So far the usual image we have of lawyers in India is that of an Opportunities: individual advocate practising his profession from small home offices and crowded cubicles and rooms profession grandly called chambers attached to various courts. On the advocates desk are piles of files tied up with strings; in the courts themselves there is much pushing, shoving and crowding. The one-man legal practitioner combines court man appearances in the day with client meetings and legal drafting in the evenings. Well, the big emerging trend in law is the move away from solo legal practice to well-organised law firms comprising organised several or even several dozens legal eagles working together as one entity, offering a full range of legal expertise. While the number of llaw firms is still relatively small and the solo legal practitioner is not about to disappear anytime soon the trend towards law firms is unmistakable. And for those seeking careers in corporate law, it might be a good idea to look at law firms because corporate clients are more likely to deal with legal firms rather than individual lawyers. Corporations simply feel more comfortable dealing with other companies. In case you choose to set up your own practice, youll first need to learn the ropes under a senior advocate or, of programm, in a law firm. The legal profession has undergone a sea change over the last decade. Especially in the field of corporate law as the rules governing companies have been virtually rewritten with the opening up of the mar in the market last decade.

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The changing face of corporate law is increasingly catering to the specific requirements of each organisation large or small. If you can figure out the core functions of an organisation, you can tailor the generic law to suit their requirements. Broadly speaking, corporate lawyers advise corporations on their legal rights and obligations. Very few matters actually come to the court. Multi-crore suits have changed the very complexion of the game, making corporate law a popular and lucrative career option. And with foreign law firms moving into India, salaries have begun to shoot upwards. Demand for lawyers with experience in securities and transactions, is growing in proportion to changes in the global marketplace. While till some time ago, only major companies transacted international business, even small players are now involved in foreign transactions necessitating the services of corporate lawyers who are well-versed with International law. In fact, with joint ventures and foreign collaborations coming in, the need for drawing up contracts and interpreting statutes and statutory provisions would increase considerably. Contract law is gaining importance, thanks to increased private sector participation and liberalisation. Securities and banking laws are also gaining importance with the advent of e-commerce. Besides large corporate houses, some of the big accounting firms like PwC and KPMG have opened their own legal departments. And with global law firms poised to enter India, the market for corporate lawyers is on the verge of an exciting spin.

Career in Cyber Law


In 1820, the world recorded its first cyber crime. Nearly two centuries later, cyber crime is something which is affecting the lives of millions of Internet and computer users. Be it actress Esha Deol declaring that someone created a false profile of hers on www.facebook.com, young girls unwittingly getting caught in the web of e-pornography, embezzlement of funds through e-commerce, or even your own e-mail password being hackedanybody can be a victim of cyber crimes. Currently three kinds of cyber crimes are being committed in India. Cyber crime against people, which involves harassment, stalking and social networking crimes; cyber crime against property in the form of hacking, damage to computer source code or spreading virus in computer and crime against nations in the form of cyber war. In Simple way we can say that cyber crime is unlawful acts wherein the computer is either a tool or a target or both. Cyber crimes can involve criminal activities that are traditional in nature, such as theft, fraud, forgery, defamation and mischief, all of which are subject to the Indian Penal Code. The abuse of computers has also given birth to a gamut of new age crimes that are addressed by the Information Technology Act, 2000. We can categorize Cyber crimes in two ways The Computer as a Target :-using a computer to attack other computers. e.g. Hacking, Virus/Worm attacks, DOS attack etc. The computer as a weapon :-using a computer to commit real world crimes. e.g. Cyber Terrorism, IPR violations, Credit card frauds, EFT frauds, Pornography etc. Cyber Crime regulated by Cyber Laws or Internet Laws.

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Technical Aspects Technological advancements have created new possibilities for criminal activity, in particular the criminal misuse of information technologies such as a. Unauthorized access & Hacking:Access means gaining entry into, instructing or communicating with the logical, arithmetical, or memory function resources of a computer, computer system or computer network. Unauthorized access would therefore mean any kind of access without the permission of either the rightful owner or the person in charge of a computer, computer system or computer network. Every act committed towards breaking into a computer and/or network is hacking. Hackers write or use ready-made computer programs to attack the target computer. They possess the desire to destruct and they get the kick out of such destruction. Some hackers hack for personal monetary gains, such as to stealing the credit card information, transferring money from various bank accounts to their own account followed by withdrawal of money. By hacking web server taking control on another persons website called as web hijacking b. Trojan Attack:The program that act like something useful but do the things that are quiet damping. The programs of this kind are called as Trojans. The name Trojan Horse is popular. Trojans come in two parts, a Client part and a Server part. When the victim (unknowingly) runs the server on its machine, the attacker will then use the Client to connect to the Server and start using the trojan. TCP/IP protocol is the usual protocol type used for communications, but some functions of the trojans use the UDP protocol as well. c. Virus and Worm attack:A program that has capability to infect other programs and make copies of itself and spread into other programs is called virus. Programs that multiply like viruses but spread from computer to computer are called as worms. d. E-mail & IRC related crimes:1. Email spoofing Email spoofing refers to email that appears to have been originated from one source when it was actually sent from another source. Please Read 2. Email Spamming Email "spamming" refers to sending email to thousands and thousands of users - similar to a chain letter. 3 Sending malicious codes through email E-mails are used to send viruses, Trojans etc through emails as an attachment or by sending a link of website which on visiting downloads malicious code. 4. Email bombing E-mail "bombing" is characterized by abusers repeatedly sending an identical email message to a particular address. 5. Sending threatening emails 6. Defamatory emails 7. Email frauds 8. IRC related Three main ways to attack IRC are: "verbal 8218;?#8220; attacks, clone attacks, and flood attacks. e. Denial of Service attacks:Flooding a computer resource with more requests than it can handle. This causes the resource to crash thereby denying access of service to authorized users. e. Pornography:-

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The literal mining of the term 'Pornography' is describing or showing sexual acts in order to cause sexual excitement through books, films, etc. This would include pornographic websites; pornographic material produced using computers and use of internet to download and transmit pornographic videos, pictures, photos, writings etc. Adult entertainment is largest industry on internet. There are more than 420 million individual pornographic WebPages today. Research shows that 50% of the web-sites containing potentially illegal contents relating to child abuse were Pay-Per-View. This indicates that abusive images of children over Internet have been highly commercialized. Pornography delivered over mobile phones is now a burgeoning business, driven by the increase in sophisticated services that deliver video clips and streaming video, in addition to text and images. Effects of Pornography Research has shown that pornography and its messages are involved in shaping attitudes and encouraging behavior that can harm individual users and their families. Pornography is often viewed in secret, which creates deception within marriages that can lead to divorce in some cases. In addition, pornography promotes the allure of adultery, prostitution and unreal expectations that can result in dangerous promiscuous behavior. Some of the common, but false messages sent by sexualized culture. Sex with anyone, under any circumstances, any way it is desired, is beneficial and does not have negative consequences. Women have one value - to meet the sexual demands of men. Marriage and children are obstacles to sexual fulfillment. Everyone is involved in promiscuous sexual activity, infidelity and premarital sex. Pornography Addiction Dr. Victor Cline, an expert on Sexual Addiction, found that there is a four-step progression among many who consume pornography. 1.Addiction: Pornography provides a powerful sexual stimulant or aphrodisiac effect, followed by sexual release, most often through masturbation. 2.Escalation: Over time addicts require more explicit and deviant material to meet their sexual "needs." 3.Desensitization: What was first perceived as gross, shocking and disturbing, in time becomes common and acceptable. 4.Acting out sexually: There is an increasing tendency to act out behaviors viewed in pornography. g. Forgery:Counterfeit currency notes, postage and revenue stamps, mark sheets etc can be forged using sophisticated computers, printers and scanners. Also impersonate another person is considered forgery. h. IPR Violations:These include software piracy, copyright infringement, trademarks violations, theft of computer source code, patent violations. etc. Cyber Squatting- Domain names are also trademarks and protected by ICANNs domain dispute resolution policy and also under trademark laws. Cyber Squatters registers domain name identical to popular service providers domain so as to attract their users and get benefit from it. i. Cyber Terrorism:Targeted attacks on military installations, power plants, air traffic control, banks, trail traffic control, telecommunication networks are the most likely targets. Others like police, medical, fire and rescue systems etc. Cyber terrorism is an attractive option for modern terrorists for several reasons.

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1.It is cheaper than traditional terrorist methods. 2.Cyberterrorism is more anonymous than traditional terrorist methods. 3.The variety and number of targets are enormous. 4.Cyberterrorism can be conducted remotely, a feature that isespecially appealing to terrorists. 5.Cyberterrorism has the potential to affect directly a larger number of people. j. Banking/Credit card Related crimes:In the corporate world, Internet hackers are continually looking for opportunities to compromise a companys security in order to gain access to confidential banking and financial information. Use of stolen card information or fake credit/debit cards are common. Bank employee can grab money using programs to deduce small amount of money from all customer accounts and adding it to own account also called as salami. k. E-commerce/ Investment Frauds:Sales and Investment frauds. An offering that uses false or fraudulent claims to solicit investments or loans, or that provides for the purchase, use, or trade of forged or counterfeit securities. Merchandise or services that were purchased or contracted by individuals online are never delivered. The fraud attributable to the misrepresentation of a product advertised for sale through an Internet auction site or the non-delivery of products purchased through an Internet auction site. Investors are enticed to invest in this fraudulent scheme by the promises of abnormally high profits. l. Sale of illegal articles:This would include trade of narcotics, weapons and wildlife etc., by posting information on websites, auction websites, and bulletin boards or simply by using email communication. Research shows that number of people employed in this criminal area. Daily peoples receiving so many emails with offer of banned or illegal products for sale. m. Online gambling:There are millions of websites hosted on servers abroad, that offer online gambling. In fact, it is believed that many of these websites are actually fronts for money laundering. n. Defamation: Defamation can be understood as the intentional infringement of another person's right to his good name. Cyber Defamation occurs when defamation takes place with the help of computers and / or the Internet. E.g. someone publishes defamatory matter about someone on a website or sends e-mails containing defamatory information to all of that person's friends. Information posted to a bulletin board can be accessed by anyone. It means that anyone can place Cyber defamation is also called as Cyber smearing. Cyber Stacking:Cyber stalking involves following a persons movements across the Internet by posting messages (sometimes threatening) on the bulletin boards frequented by the victim, entering the chat-rooms frequented by the victim, constantly bombarding the victim with emails etc. In general, the harasser intends to cause emotional distress and has no legitimate purpose to his communications. p. Pedophiles:Also there are persons who intentionally prey upon children. Specially with a teen they will let the teen know that fully understand the feelings towards adult and in particular teen parents. They earns teens trust and gradually seduce them into sexual or indecent acts. Pedophiles lure the children by distributing pornographic material, then they try to meet them for sex or to take their nude photographs including their engagement in sexual positions. q. Identity Theft :Identity theft is the fastest growing crime in countries like America. It occurs when someone appropriates another's personal information without their knowledge to commit theft or fraud. Identity theft is a vehicle for perpetrating other types of fraud schemes. r. Data diddling:-

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Data diddling involves changing data prior or during input into a computer. In other words, information is changed from the way it should be entered by a person typing in the data, a virus that changes data, the programmsr of the database or application, or anyone else involved in the process of having information stored in a computer file. It also include automatic changing the financial information for some time before processing and then restoring original information. s. Theft of Internet Hours:Unauthorized use of Internet hours paid for by another person. By gaining access to an organisation's telephone switchboard (PBX) individuals or criminal organizations can obtain access to dial-in/dial-out circuits and then make their own calls or sell call time to third parties. Additional forms of service theft include capturing 'calling card' details and on-selling calls charged to the calling card account, and counterfeiting or illicit reprogramming of stored value telephone cards. t. Theft of computer system (Hardware):This type of offence involves the theft of a computer, some part(s) of a computer or a peripheral attached to the computer. u. Physically damaging a computer system:Physically damaging a computer or its peripheralseither by shock, fire or excess electric supply etc. v. Breach of Privacy and Confidentiality Privacy Privacy refers to the right of an individual/s to determine when, how and to what extent his or her personal data will be shared with others. Breach of privacy means unauthorized use or distribution or disclosure of personal information like medical records, sexual preferences, financial status etc. Confidentiality It means non-disclosure of information to unauthorized or unwanted persons. In addition to Personal information some other type of information which useful for business and leakage of such information to other persons may cause damage to business or person, such information should be protected. Generally for protecting secrecy of such information, parties while sharing information forms an agreement about he procedure of handling of information and to not to disclose such information to third parties or use it in such a way that it will be disclosed to third parties. Many times party or their employees leak such valuable information for monitory gains and causes breach of contract of confidentiality. Special techniques such as Social Engineering are commonly used to obtain confidential information. It is against such crimes that a cyber lawyer wields his powers. Even though in its nascent stages, cyber law has tremendous scope and prospects in India. With almost more than 100 million Internet users in India, companies taking to digital storage and dissemination of data, increasing popularity of e-banking, e-commerce, e-ticketing and even e-governance, there will undoubtedly be a need for good cyber lawyers in the future. Although you do not need to be an IT specialist, but a bit of technological bent of mind and a knack for the cyber world will only add a cherry to the cake. The right blend of technological and legal knowledge. Inadequacy of technological know-how can deeply hamper your work as a cyber lawyer. Since a cyber lawyer has to inevitably deal with criminal law, intellectual property law, commercial and civil law in his cyber law cases, it is best to have a sound and in-depth knowledge of these laws apart from cyber laws to give your practice a real edge. Scope of cyber law increases when combined with intellectual property rights laws as in many cyber law cases, the question of violation of copy rights is also involved.

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As far as job opportunities are concerned, the field of cyber law is full of them. For example, you can choose from private practice, litigation, corporate advising and international cyber law work. Although litigation may take some time to firm its roots, consultancy has a lot of instant money to offer. The path of a cyber lawyer is full of challenges. Indian law is like a Hindu wife, it walks ten steps behind the husband, as the popular saying goes. Although the IT Act 2000 seems adequate yet, keeping pace with adequate, the changes in a forever-in-flux field like information technology may prove to be an onerous task. The laws do need to catch up to give more teeth to cyber lawyers. Also, you need to be forever updated about the changes. However, some computer security consultant opinion are instead of trying to tighten cyber laws, we need to concentrate more upon training the law enforcement agents and police departments. Unfortunately, as of now, if somebody were to become a victim of cyber crime and tried to explain what happened to the personnell at the local police department, then a lot would be lost in cyber-real world translation. These are real the challenges, which a cyber lawyer shall have to arm himself against. The job can be summed up in one word, exciting! You are always at the cutting edge of law and technology and at the forefront of development since in many ways this is still virgin territory. Cyber crime transcends geographical boundaries. Hidden behind the veil of anonymity, a cyber criminal could do his work sitting right next to you, without your even realising it. The task of a cyber lawyer is not only to suggest a cure but also to his/her prepare clients to prevent such things from happening. If you are fascinated by the unknown and dare to tread the uncharted paths, then cyber law is your cup of tea. Go for it. Cyber law deals with legal issues concerning the use of computer, computer systems and computer networks as well as the Internet. Although it is an emerging field in India, it is making rapid progress. Fast facts: Consultancy pays better than litigation here. Since it is still developing as a field, the challenge tancy here is to keep upbreast about the latest developments in the field of information technology. Additional knowledge of intellectual property rights and criminal law serves your interests better.

New Opportunity in Legal Process Outsourcing


This is a difficult time to give career advice to lawyers. Lateral hiring has slowed dramatically, bonuses have been reduced, layoffs are occurring at many large firms and scores of associates and partners are finding themselves with too much time on their hands. While 2008 was a challenging year for many law firms, 2009 is not looking any better (at least not yet). In the near future, bankruptcy and litigation practices willl pick up steam. Regulatory practices are likely to be given a boost once the Obama administration gets in gear. We all hope that by the second half of the year the credit markets will loosen and M&A and financing practices will begin to recover. The good news is that it is only a matter of time before the demand for legal services regains its footing. But as the practice of law comes back to life, a new threat lurks around the corner: legal process outsourcing (LPO). Legal Process Outsourcing Involves Send Legal Work Overseas Sending LPO, simply put, involves sending legal work off shore to a lower cost jurisdiction. Right now, India seems to be the principal beneficiary of this practice though there are LPOs doing work in Israel, South Africa and the Philippines. Although law firms have grown accustomed to sending large document review s.

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projects to outside vendors or hiring temp agencies who can supply contract lawyers, the vendors who provide these services have mainly been domestic. Using an LPO, some very large corporations have been saving a bundle on large document review rge projects. Rather than paying associates at American law firms well in excess of $100 per hour, the early adopters of LPO, which have included Microsoft, DuPont, Philips and GE, have turned to Indias large pool of highly educated law school graduates who have studied common law and have a strong command of the English language. While the majority of LPO work is low value (e.g. large document review projects), some LPOs are beginning to do more high value work including drafting contracts and patent applications. Law firms have been much slower to adopt the practice of outsourcing to LPO firms, but given the potential for cost savings (roughly 50% by some estimates), corporate counsel will eventually begin demanding it for will certain projects. Although many law firms are still not eager to publicize the practice, at least one national firm in Boston has been using an LPO for three years to do first drafts of briefs. When the Managing Partner of the office presents the idea to her corporate clients, they are very supportive. Using an LPO, in her opinion, has been a terrific way to generate a high quality and less expensive work product. The Benefits Of LPO Are Not Only Financial Proponents of LPO have suggested that outsourcing legal work to a different time zone brings other PO benefits as well. Indian lawyers, for example, work while lawyers in the U.S. are sleeping, which reduces turnaround time. In addition, LPO provides a quick and ready supply of labor for large projects. Law firms supply and corporate law departments can have the resources they need without having to keep large numbers of associates on the payroll. LPO promotes substantial time savings for document review, regulatory compliance, legal research and other legal projects. Rather than attorneys working long hours at high rates in the US, LPO is a coordinated global effort. The US law firm can focus on case strategy and other specialized legal issues during the day. Then the project moves to India at night for research and document review, ves which in turn is delivered to the US by the next morning. The legal team is working together literally around the clock and around the globe. LPO is not a fly-by-night trend that is likely to go away night away. According to articles in the Wall Street Journal and the National Law Journal, the practice is growing rapidly in India. Right now, it is estimated that LPOs generate about $250 million in annual revenues. The number is small compared to technology outso outsourcing which is already up to $40 billion. But Forrester Research projects that the industry will generate $4 billion in revenue by 2015. Criticism Of LPO Is Widespread As you might imagine, there are many critics of LPO. To get an idea of their thoughts, read the Wall Street Journals lively legal blog. Some people are concerned about the wide range in the quality of the work, the need to maintain confidentiality and data security (heightened by recent terror attacks in Mumbai), the struggle to get good customer support from call centers based in India, the fact that there is no re ustomer reprogramm if an Indian lawyer violates an ethical rule, and that it may be difficult to avoid conflicts of interest when

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vendors may be serving clients with opposing interests; others are outraged that this amounts to the unauthorized practice of law. After speaking to a number of professionals who are involved in LPO and after attending several conferences where LPO was on the agenda, I am convinced that much of the criticism is unwarranted. Lawyers in the U.S. may naturally feel threatened by the competition posed by LPO. But lawyers trained at Indian law schools are well equipped to handle due diligence projects and document review in litigation. With proper training, they can also handle more complex drafting projects. What is important is how well the outsourcing attorney supervises the work. However, this is true whether the work is being done by an associate at the law firm, a contract attorney hired to work at the firm, a lawyer or paralegal working for an outside vendor in some other U.S. city or a team working in India. As for data security, the technology sector has already established good protocols for preventing sensitive data from walking out the door in India. LPO firms need only follow what has already worked in the software industry. In fact, one provider pointed out to me that the standards for data security in India are actually much greater than they are at some companies in the U.S. Another important factor which suggests that the naysayers have it wrong is that the ABA issued an ethics opinion this past summer condoning the practice: U.S. lawyers are free to outsource legal work, including to lawyers or nonlawyers outside the country, if they adhere to ethics rules requiring competence, supervision, protection of confidential information, reasonable fees and not assisting unauthorized practice of law. LPO Has Career Implications Law is an inherently conservative business. So far, because LPO is being used in large measure by corporations rather than by law firms, it represents only a small fraction of the legal work done in the United States. Over time, though, law firms will be encouraged by their corporate clients to adopt LPO as an effective means of controlling runaway legal fees and more corporations will turn to LPO firms for some of their legal needs. While the current economic crisis may accelerate the pace at which companies and law firms adopt LPO, we are a long way off from sending all of our legal jobs overseas. In fact, much legal work will never be offshored because it is not efficient. LPO works best when the work itself involves some element of repetition. If that is missing, then all the efficiencies of outsourcing are lost by the added costs of supervision and training. For other projects, however, law firms will find it increasingly difficult to deploy a high priced army of associates to do work that can be done much more cost effectively overseas. Law partners can appreciate the benefits being offered. LPO provides smaller law firms, in particular, with access to a large talent pool. By using LPO for certain projects, these firms can quickly staff up for larger matters without having to increase head count. Law firms of all sizes will still need associates. But associates will be spending more of their time on higher value work that is not easily delegated to a cheaper vendor. The legal community will resist LPO. No profession sits back quietly when an outside threat emerges. But as one commenter on the WSJ blog stated: Unfortunately there are just no guarantees any more in qualifying as a lawyer as a route to success and financial stability. Trying to stop this is as futile as King Canute trying to hold back the tide. One piece of advice is to drop the racism and hysteria and assess where your skills lie and what you can do to contribute to a thriving successful global economy. Russell Franks, the CEO and co-founder of IPEngine, a Boston based LPO which is focused on outsourcing patent prosecution and related IP work, put it this way: LPO should be viewed as adding a new layer to the traditional pyramid. This shouldnt concern lawyers who can figure out how to manage these resources to provide their clients with a high quality and cost effective service. These lawyers have always been the best kind anyway, they just have a new arrow in their quiver. The folks who should be worried are those that end up charging clients too much for the quality

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of service provided because they do not know how to do this. The issue is that perhaps that profile fits a lot of lawyers who have not been used to clients demanding control over the budget. Lawyers at all levels of practice should take note of this trend and look for ways to provide valuable services to clients. Be nimble: do not expect todays cash cow to be alive tomorrow. Outsource what makes sense, and serve your clients well. OUTSOURCING TO India and other lower-cost developing nations is the hottest topic in todays global marketplace. Major corporations benefit from having work done at a quarter of the price, while the developing countries benefit from the huge influx of income and job creation. The latest industry to join the outsourcing rat race is the legal sector. Legal outsourcing has already created 12,000 job opportunities in India alone and this figure is expected to rise to as many as 79,000 by 2015. Less than positive opinions expressed by some young Indian Law students have left me baffled. Why would any young lawyer not want to be part of this exciting and growing sector? Young attorneys can earn a relatively high salary in comparison to domestic Indian firms. There are questions that are being raised regarding the quality and level of work being done by Indian attorneys working in LPOs. A- Law Student says, After investing three years in law school, I dont want to be caught dead working as a clerk in an LPO. Another students(B) too agrees with this view and further adds, A lawyer in an LPO is definitely earning good money but at the same time is not justifying his/her profession. There is no direct litigation involved which is the essence of being a lawyer. Is it true to say that attorneys within Legal Process Outsourcing companies are nothing more than glorified law clerks, or are they really starting to become more heavily involved with the practice of international law? X- a young attorney working with an LPO feels quite differently to both A and B. He believes that he is making a sound progress in his career graph by working with an LPO. He says, Many lawyers nowadays, whether in India, the US or the UK rarely see the inside of a court room. Working within an LPO and not a law firm allows me to keep in sync with the latest developments in US law. The legal thought process that any young attorney must develop over time comes from studying, reading and writing legal briefs and memoranda. I hope that I demonstrate my passion and emotion for law in the arguments I raise in the legal motions and documents I prepare. I know that the work I do is being utilized in the US by firms practicing US law for the benefit of real clients. Although, I dont physically get to meet the clients who ultimately benefit from my endeavors, in todays legal world this is by no means abnormal and just a fact of life. Our country is on the verge of becoming a major economic player on the world stage, I believe that I am contributing significantly to this and putting myself in a much stronger position to develop as an international attorney, as and when India opens its doors to foreign law firms. C, an attorney, opines, The kind of exposure and opportunities provided by the LPO industry to lawyers is something which I could not have imagined when I graduated. Since my association with LPOs, my skills and knowledge have been under constant development. We arent just paralegals. Were involved in hard core legal work and play an important role in the fate of cases and client matters being handled overseas. D- a, Country Manager of a leading LPO in India says, In the past, the work in legal services consisted mainly of support work including basic paralegal, secretarial, and litigation support. However, we are continuing to see increasingly higher value work being outsourced from the US and UK to Indian LPOs.

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Offshore legal process companies such as Law Scribe have moved beyond traditional back office legal support services to increasingly more complex core legal work including legal research, patent and trademark searching and drafting, document drafting and due diligence. Some attorney passionately believes that we are only in the nascent stages of this exciting and emerging industry. He says, In the programm of the next two to three years, a vast number of qualified Indian attorneys will be working within the industry. I believe the Indian government and the Bar Association will be left with no alternative other than to formally open up the market to foreign law firms and allow Indian attorneys to practice US and UK law from within Indias borders. Once this happens the substantive nature of the work being performed in LPOs, captive arrangements and US and UK Law Firms Indian offices will continue to increase. Many Indian attorneys will wish to remain within domestic Indian firms, however the lure of practicing International Law will prove extremely difficult to resist for others.
LPOs are not just a fad or a passing phase. The trend has shifted from domestic law firms to an increasingly competitive global marketplace with massive scope and job opportunities. The clock is ticking fast and with time LPOs in India will be a much sought after industry to work with.

Intellectual Property Rights: Career Prospects and Growth


Intellectual Property, as the name suggests, is rights related to the conception and conclusion or end-result of any thought of human mind and intelligence. In simple words, intellectual property rights are mechanism to grant exclusive right of certain creative ideas or business concepts to any individual or business entity. These days, virtually every second global product is protected under various sub-divisions of the law. e.g., (DVDs under patents laws), softwares like Windows vista under copyright laws), goodwill of product associated with its logo under trademark laws, appearance and -design of a Rolex watch- by laws relating to designs.) Such has been the increasingly important role of Intellectual property rights I n todays rapidly changing business scenario. Global trade today is ruled by companies and Multinational corporations who give have created and protected their intellectual property. No company embodies this better than Microsoft, which has been built entirely on the strength of its software programs which are protected through copyright. Protection of intellectual property has become so important that companies today carry out intellectual property audits to identify their intellectual wealth and form special departments to manage them. Presently, almost every country is taking measures to strengthen its shield against cases related to intellectual property. India also has formulated specific laws on a variety of aspects related to intellectual property. WIPO WIPO, World Intellectual Property Organization, the leading body governing Intellectual Property rights issues defines IP or Intellectual Property as "Creations of the mind: inventions, literary and artistic works, and symbols, names, images, and designs used in commerce." Given the fact that the world economy is slowly but surely moving towards the knowledge economy, innovations and new inventions are increasingly intangible in nature. This makes it difficult for the innovator or the inventor to apply for patents for these new kinds of innovations. This changed scenario led to the development of the concept of IP. IP, as the definition says, covers, but is not limited to, domains like Software, Architectural and Industrial design, Pharmaceutical Research and Development, Music, Literary Pieces. In other words, Intellectual property encompasses the entire gamut of intellectual inventions that cannot be quantified. Intellectual property can broadly be sub-divided under the following categories: Industrial Property caters to commercial domains like Industrial Designs, New Technologies, Processes and Methodologies and Trademarks.

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Trademark. Trademark law protects words, phrases, logos or symbols used to distinguish one product from another. In circumstances where a competitor uses a protected trademark, the holder of the trademark can go to court and obtain an injunction to stop the use. Copyright. Copyright includes primarily artistic and literary creations like Photography, Poems, Painting, Plays, Novels, Architectural Designs, Music and Sculptors. Copyright law protects the creators of expressive works, such as artists, photographers, writers and musicians, and gives them the exclusive right to protect how their works are used. It is important to note that, unlike trademark law, copyright law does not protect names or titles, for example. One way that copyright law can be distinguished from trademark law is in the advertising context. Trademark law would commonly protect the name of the product being advertised, while copyright law would protect the expression. For example, the statement in an advertisement: "If you drive this X car, you will undoubtedly realize it is among the best in the market for what it does," is an example of something that would have elements of copyright and trademark within it. Patent. Patent law protects inventions. By filing and obtaining a patent from the United States Patent and Trademark Office, the inventor of a product receives a monopoly on the commercial exploitation and use of a product for up to 20 years. Patents can protect the functional features of a process, machine, manufactured item, asexually reproduced plant, or composition of matter, for example. In general, the United States Patent and Trademark Office will not issue a patent for anything unless it is: Non-obvious - Surprising to a person with ordinary skills in the relevant subject matter of the invention. Novel - New and "unique" in one or more elements when it is compared to previous technology. The United States Patent and Trademark Office generally issues three types of patents: Plant Patents - Patents to protect certain types of plants. Design Patents - Patents to protect the ornamental characteristics of a given device. Utility Patents - Patents to protect inventions that have some type of usefulness. Trade Secret. A trade secret is "A secret formula, method, or device that gives one an advantage over competitors." (The American Heritage Dictionary of the English Language, Fourth Edition Copyright 2000 by Houghton Mifflin Company. Published by Houghton Mifflin Company. All rights reserved.) In order to be a trade secret, the information must be such that it is not generally known to others in the business community. If the owner of the trade secret takes reasonable steps to keep the trade secret "secret," courts will protect the trade secret owner from unauthorized disclosure by (1) industrial spies, (2) competitors who wrongfully acquire the trade secret, (3) employees of the owner of the trade secret, and (4) anyone with any type of duty not to disclose the information. Licensing. While licensing law may make use of all the areas of law above, it is a popular enough type of work that it merits some discussion. A license is a grant of permission to do something with an otherwise protected work or product. A copyright holder, for example, can give permission to other individuals to copy their work. In general, licenses grant rights to do one or more of the following things: To reproduce a work that is otherwise protected. To distribute copies of the work to others by rental, sale, or lease, for example. To display the work and to prepare derivative works from the original work using protected expression from the original work.

Job prospects
After gaining through knowledge of various dimensions and technicalities associated with Intellectual property, aspirants can opt for lucrative career avenues in various global and national organizations. These organizations are constantly on the look out of suitable and competent professionals to handle their Intellectual property issues.

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Career Prospects :
With the advent of the Internet, the world has witnessed two tectonic shifts in the market dynamics - Free flow of Information and Globalization of the world Economy. The Internet was designed to be a fail proof mode of communication by the US Army, but this strategic innovation turned tactical, and has changed the world for ever. One of the most important changes has been in the field of Information Sharing. In addition to the obvious positive aspects of instant access to the global storehouse of information, this boon brought along it its own set of evils. The major drawback being, information ceased to be proprietary. New innovations were quickly assimilated and applied in business organizations without benefiting the inventor. And since national economies became more interlinked, manufacturing powerhouses from emerging economies threatened companies that invest a large amount of their top-lines in research and development. IPR attorneys are integral part of in-house teams of business organizations formed with the sole aim of identifying and stopping copyright and IP infringements. IPR attorneys are also being actively employed by a whole range of organizations like Specialty Law Firms, Government and Self supported Think Tanks, Law Enforcing bodies and universities. Corporate houses: Most of the knowledge economy firms like technology entertainment firms generally have an in house team of corporate IPR attorneys who are actively involved in decision making activities and also contribute to creating corporate policies. While this particular avenue lets an aspiring IPR attorney develop highly specialized knowledge in one domain, it also restricts the scope of learning for that attorney because he lacks the knowledge of another domain. Law firms: Most of the law firms, especially in developed and emerging economies like the US, EU, India and China has specialized divisions that cater to litigations concerning infringement of Intellectual Properties. In U.S and EU, there are law firms that specialize in intellectual property law. A law firm primarily acts as a third party, and hence offers exposure to a diverse range of technologies and domains. In addition to this, an IP team in a law firm generally has lawyers from different technology backgrounds, and hence offers better learning opportunities as compared to an in house corporate legal team. In general, a law firm offers better compensation as well as growth opportunities. In the same lines, the work pressure is quite higher in a law firm as compared to a corporate legal team. Government agencies and think tanks: Government agencies and policy making bodies are one of the most prolific employers of IPR attorneys. One of the most obvious agencies is the Patent and Copyright office of any country. Apart from this, in general, other departments like Justice, Commerce, Defense, and Information Technology also employ IPR attorneys. Universities and Independent Research Organizations: Most of the universities undertake large industry and government sponsored research projects. These projects invariably involve innovation in cutting edge technologies, and hence most universities have an in house cell of IPR lawyers that help them protect their interests. With the increasing frequency of technology start ups originating from university campuses, the legal department of universities has its hands full trying to protect the intellectual capital of these start ups. Faculty at Law schools: With the rapid growth in demand for IPR attorneys, there is an increasing demand for faculties in old as well as newly established law schools

Conclusions
Intellectual property is a broad, broad field, and anyone contemplating a career in this field needs to understand this. The intellectual property field is among the most important legal because the involvement of intellectual property attorneys has been integral to the expansion of the economy in this country. The most demanded specialty of intellectual property law is patent law. For the most part, patent attorneys are

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exceedingly marketable if they have the right backgrounds. This is due to the fact that there are so few of them and that the work they do has been expanding at a rapid pace. In terms of the growth in the patent field, however, there are also numerous different types of patent attorneys, and their area of expertise can affect their marketability.

CAREER IN HUMAN RIGHTS


The experience of past two decades has demonstrated the crucial importance of human rights. Traditionally, the human rights violation occurred due to State or its actors, however, the contemporary time has witnessed human rights violations by individuals, institutions and at societal levels. Over the years, the National Human Rights Commissions of India has been recording and reporting a number of human rights violations including civil, political, social and economic rights. These violations and victimizations are with regard to the issues concerning right to food, right to health, right to education, rights of women against violence and exploitation, rights of Children against abuse and exploitation, rights of migrants and their violation based on caste, creed, region and region. Nature of Job The human rights field has huge potential and need for multiple professionals. Work in human rights can be challenging and intense. Organizations use a variety of disciplines in their approach to Social Justice, Juvenile Justice, Gender Justice, Custodial Justice, and now emerging area of Climate Justice including direct service, monitoring & evaluation, lobbying and networking, advocacy, policy development, documenting and research. Activities include research focusing on preventing and ending human rights abuses in all regions of the world, monitoring human rights development, conducting on-site fact finding and investigations, writing case studies and reports on human rights conditions, engaging in advocacy to publicize and curtail human rights violations, litigation, lobbying, and promoting human rights practices in social and political structures. In addition, human rights professionals provide advisory and educational services, refugee assistance, victims rehabilitation, policy analysis for national and international institutions, assistance in institution building and project development and management in the field of human rights based civil society organizations. The human rights based job includes; 1. Human rights activist, 2. Human rights defender, 3. Human rights analyst, 4. Human rights professional, 5. Human rights researcher, 6. Human rights programmer, 7. Human rights advocate, 8. Human rights worker, 9. Human rights teacher, 10. Human rights consultant, 11. Human rights campaigner, 12. Human right fundraiser 13. Human rights manager. 11. 12. 13. 14. 15. 16. 17. 18. 19. Fundraising skills Crisis Response Skills Advocacy Skills Active Listening and questioning Skills Teamwork skills Analytical and critical thinking skills Negotiating and Mediating Skills Conflict Resolution Skills Networking Skills

Skills required 1. Writing skills 2. Management skills 3. Legal skills 4. Communication Skills 5. Reporting skills 6. Research Skills 7. Interviewing skills 8. Language skill 9. Inter-personal communication skills 10. Documenting skills

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Organizations working in Human Rights Having a Degree or Diploma or Certificate in Human Rights, one can work in the human rights field with a broad spectrum. There are governmental (National and State Human Rights Bodies), intergovernmental and non-governmental organizations (Amnesty International, CRY, Oxfam, Human Rights Watch, Commonwealth Human Rights Initiatives, Asian Centre for Human Rights, South Asian Human Rights Documentation Centre, PUCL and PUDR etc). Besides, a number of UN agencies working on the human rights issues might be useful for human rights, based employments in India and overseas as UNDP ((United Nations Development Programme), UNDESA (UN Department of Economic & Social Affairs), World Bank, UNICEF (UN Children Fund), UNEP( UN Environment Programme), UNFPA (UN Population Fund), WHO (World Health Organization), IMF (International Monetary Fund), UN- HABITAT (UN Human Settlements Programme), FAO (Food & Agriculture Organization), IFAD (International Fund for Agricultural Development), ILO(International Labour Organization), ITU(International Telecom Union), UNAIDS (Joint UN Programme on HIV/AIDS), UNCTAD (UN Conference on Trade and Development), UNDG (UN Development Group), UNESCO (UN Educational, Scientific and Cultural Organization ), UNHCR (UN Refugee Agency), UNIDO (UN Industrial Development Organization), UNIFEM (UN Development Fund for Women), OHCHR (Office of the High Commissioner for Human Rights ), UNRWA(UN Relief and Works Agency for Palestine Refugees in the Near East ), WFP (World Food Programme).

Significance of Legal Education:


The significance of legal education in a democratic society cannot be over-emphasized. Knowledge of law increases one's understanding of public affairs. Its study promotes accuracy of the expression, facility in arguments and skill in interpreting the written words, as well as some understanding of social values. It is pivotal duty of everyone to know the law. Ignorance of law is not innocence but a sin, which cannot be excused. Thus, legal education is imperative not only to produce good lawyers but also to create cultured law-abiding citizens who are inculcated with concepts of human values and human rights. Legal profession is objectively in the position of producing Statesmen. This is due to two reasons: (1) Lawyers belong to an independent profession. They are not subordinate to the government or to anyone else, and (2) They are directly in contact with society in its entirely as they have to deal with all kind of problems of people from all section of society , unlike to say , doctors who are conformed to technical problems. Hence, layers are the people who are most conversant with problem of society as whole.

Membership
Student Membership (SM): For Student Membership, person must enroll in any one of the programs organized by Bharatiya Vidhi Sansthan. Academic Membership (AM): Law lecturer/Reader/professors will be Academic member by paying Rs.5, 000/as registration fee for consecutive tenure. Advocate Council Membership (ACM): A Law graduate (LL.B) which is enrolled in Bar Council of India will be a member of Bharatiya Vidhi Sansthan by paying Rs.1000/as registration fee for consecutive tenure. Juridical Membership (JM): Judges, Law enforcement personnel will be a member of Bharatiya Vidhi Sansthan by paying Rs.5, 000/as registration fee for consecutive tenure. Associate Membership (ASM): A person who already have membership of Bharatiya Vidhi Sansthan will be the associate member by paying Rs.10,000/ and for others Rs.11,000/ will be paid as registration fee for consecutive tenure. Institutional Membership (IM): The institutional membership will be provided to any educational institution preferably Law institute. For that, Sansthan should enroll by paying Rs.25, 500/ as registration fee for consecutive tenure. Any Institution/Society/Trust/Corporate Body/ Government Department or association of persons interested in the study/ practice or administration of any branch of law. Honorary Membership (HM): This membership will be provided to a person for consecutive tenure , if in the opinion of the Executive Committee, he is a fit and proper person for conferment of the honour, having regard to his meritorious contribution to the science of law or the growth or reform of law or administration of justice. Life Membership (LM): Persons of high status in the field of law or any other field may in the discretion of the Membership Committee be enrolled as Life Members and any categories of above members can be a life member by paying Rs.21, 000/ and for others Rs.25,000/ will be paid as registration fee . Ex-officio Members (EM): Subject to their consent, the Speaker, Lok Sabha, the Chief Justice and other Judges of the Supreme Court of India, Chairman, Law Commission, Government of India, the Chief Justices of the High Courts in India, the Attorney-General, the Solicitor-General, the Advocates-General of States, the Home Minister, the Finance Minister, the Minister of Law & Justice and the Minister for Human Resource Development in the Government of India, the President of Indian Society of International Law, the President of the Indian Council of World Affairs, Member of parliament and member of legislative council, Chairman of the University Grants Commission, Vice- Chancellors and Deans of Faculties of Law of Statutory universities in India, will be members ex-officio.

Who can Open Learning Point of Bharatiya Vidhi Sansthan?


The Societies/Trust/institutional member/Institute /University member are eligible to open Learning Point of Bharatiya Vidhi Sansthan. Learning Point Processing and Authorization Fees (Non-refundable- One Time): Processing Fee: Rs. 25,500/- (DD) in Favour of Bharatiya Vidhi Sansthan payable at Mumbai. Stream: Trainings/seminars/ workshop/ conferences/ refresher programms etc for legal awareness. Training Expenses : Please send training Expenses in the form of Demand draft/Cheque from the student in the name of Bharatiya Vidhi Sansthan, Payable at Mumbai. Coordinator: Foundation Members (FM), Life Member (LM), Associate Member(ASM), Institutional Member (IM) will be Coordinator of Bharatiya Vidhi Sansthan". Campaign: Learning Point will be responsible for proper local marketing and publicity of the programs. The Head/Regional Office of Sansthan will also provide national/ regional level publicity from time to time. Development: The Head/ Regional Office will provide guidelines and coordination with the Learning Point for enhancement of the legal education. The Head/ Regional Office of Sansthan support personnel visit to the Learning Point and assist their management and staff to enhance the productivity and improve quality of legal education.

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Bharatiya Vidhi Sansthan believes that 'Law is the cement of society and an essential medium of change'.

Contact Us:
Bharatiya Vidhi Sansthan 20/137, Rajendra Nagar, Borivali (E), Mumbai-66; Maharastra, INDIA.

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