Friday, June 18, 2010

Why Bar Examination Of India 2010 Is In Trouble?

Shayam Prasad

Legal education in India is in urgent need of reforms. For many years legal education has been ignored making it inferior and non professionals. For some reason, the government of India (GOI) woke up from its long and persistent sleep and decided to give legal education a shot of life.

Law Ministry of India also became alive to the needs of legal and judicial reforms in India and Mr. Veerappa Moily showed his keen interest for bringing legal reforms in India.

The Supreme Court of India also participated in the discussion through Bar Council of India v. Bonnie FOI Law College and Ors.

Realising that legal education must now be rejuvenated, the Bar Council of India (BCI) also declared the introduction of bar examination in India. From here started the whole problem and as per the latest updates the decision to conduct bar exams in India started a legal quandary in India.

So what went wrong with the much needed legal reforms initiatives of India? I think the most prominent anomaly is although the intentions of BCI were benign yet they were executed in an unplanned, haste and unprepared manner. The BCI must appreciate that maintaining the quality of legal education in India is no more a passive role but requires active and collaborative acts on its part.

Till now maintaining the legal education standards by BCI is an “internal and closed function”. The BCI has not tied up with people and institutions that can bring quality and effectiveness to legal education in India. The BCI must approach the legal education with an open mind and collaborative approach. The BCI also is not willing to use technology for bringing transparent and effective legal reforms.

A very good option could have been making necessary arrangements and collaboration with techno-legal law firms like Perry4Law. Why BCI has not approached and tied up with law firms is still not clear. Online platforms like Lawyers Training Blog show clearly what technology in general and law firms like Perry4Law in particular can offer for legal and judicial reforms in India.

The BCI must urgently change its role from a closely held body to collaborative and open body. It has many ambitious projects in its contemplation but it must understand that no matter howsoever good the intentions may be they are useless in the absence of proper planning and decision making.

Exclusive Techno-Legal ODR Research, Training, Education And Services Centre Of India

Kunal Koel

Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR) are two of the most important areas of practice for lawyers and legal professionals. While ADR requires good knowledge of law yet ODR requires a practical knowledge of both law and technology. Besides, ODR is still unknown to Indian business community and disputing parties.

It is obvious that an ODR expert must have both technical as well as legal knowledge and expertise. At Perry4Law we understand this crucial requirement and provide ADR and ODR Training and Services to concerned parties all over the World. Perry4Law has the privilege of being the “Exclusive” Techno-Legal ICT Law Firm of the World.

Perry4Law is also managing an Online Dispute Resolution Centre of India (ODRCI). This is the exclusive techno-legal centre of India/World. The Centre provides ADR and ODR services of world renowned quality. It provides traditional ADR services like Arbitration, Mediation, Reconciliation, etc. It also provides highly specialised techno-legal ADR services in the fields of cyber law, cyber security, cyber forensics, etc. The Centre also provides ODR services of highly specialised nature covering areas like ICT, cyber law, cyber security, cyber forensics, cyber espionage, information and identity theft, corporate espionage, etc.

To strengthen this initiative and the traditional litigation system, Perry4Law is also managing the “Exclusive” Techno-Legal E-Courts Training and Consultancy Centre of India.

India is in the process of rejuvenating its ADR law and mechanisms. However, India has still not shown its willingness to adopt ODR for dispute resolution and ICT driven methods like E-Courts for traditional dispute resolution. Let us hope the same would be done very soon by Law Ministry of India in general and Mr. Veerappa Moily in particular.