IDEAS home Printed from https://ideas.repec.org/a/bpj/ajlecn/v2y2011i3n4.html
   My bibliography  Save this article

Regulatory Barriers to Litigation in India

Author

Listed:
  • Narang Prashant

    (LL.M. Candidate, Jindal Global LawSchool, Sonepat, Haryana, India)

Abstract

The legal profession in India does not seem to have any significant entry barriers as are prevalent in other sectors in India. Yet litigation fails to attract talented law graduates, except those who have a parental/family background in litigation. Litigation in India is marked by the presence of small and middle-size family-run law firms who employ law graduates as juniors and may fall short of world class corporate culture. On the other hand, it is rare for a fresh law graduate to become an entrepreneur-style practitioner on their own, right after college. This is in contrast with other sectors where graduates with degrees can take a bank loan and can start an enterprise. This paper reviews the regulatory framework of how legal barriers with noble intentions makes the sustainability of new entrants almost impossible in the legal profession and thus discourage new entrants from choosing litigation as a career after college. These barriers, though not entry barriers in a strict sense, are operational barriers and include: a) restrictions on the legal form of a law firm; b) a ban on advertising; c) a ban on charging a contingent fee; d) a ban on moonlighting. The paper also looks at moral hazard associated with self-regulatory bodies viz. the Bar Council of India and the State Bar Councils. Finally, the paper makes a case for reforms in the form of doing away with restrictions to lay down a level-playing field for all practitioners and foster competition.

Suggested Citation

  • Narang Prashant, 2011. "Regulatory Barriers to Litigation in India," Asian Journal of Law and Economics, De Gruyter, vol. 2(3), pages 1-16, October.
  • Handle: RePEc:bpj:ajlecn:v:2:y:2011:i:3:n:4
    DOI: 10.2202/2154-4611.1042
    as

    Download full text from publisher

    File URL: https://doi.org/10.2202/2154-4611.1042
    Download Restriction: For access to full text, subscription to the journal or payment for the individual article is required.

    File URL: https://libkey.io/10.2202/2154-4611.1042?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Francisco Cabrillo & Sean Fitzpatrick, 2008. "The Economics of Courts and Litigation," Books, Edward Elgar Publishing, number 3421.
    2. Winand Emons, 1997. "Credence Goods and Fraudelent Experts," RAND Journal of Economics, The RAND Corporation, vol. 28(1), pages 107-119, Spring.
    3. Baik, Kyung Hwan & Kim, In-Gyu, 2007. "Contingent fees versus legal expenses insurance," International Review of Law and Economics, Elsevier, vol. 27(3), pages 351-361, September.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Nguyen Thi Bao Anh, 2019. "Comparative analysis of medical malpractice law," Asian Journal of Law and Economics, De Gruyter, vol. 10(2), pages 1-15, August.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Qiao, Yue, 2013. "Legal effort and optimal legal expenses insurance," Economic Modelling, Elsevier, vol. 32(C), pages 179-189.
    2. Péter Eso & Balázs Szentes, 2004. "The Price of Advice," Discussion Papers 1416, Northwestern University, Center for Mathematical Studies in Economics and Management Science.
    3. David Bardey & Denis Gromb & David Martimort & Jérôme Pouyet, 2020. "Controlling Sellers Who Provide Advice: Regulation and Competition," Journal of Industrial Economics, Wiley Blackwell, vol. 68(3), pages 409-444, September.
    4. Hoffmann, Robert & Chesney, Thomas & Chuah, Swee-Hoon & Kock, Florian & Larner, Jeremy, 2020. "Demonstrability, difficulty and persuasion: An experimental study of advice taking," Journal of Economic Psychology, Elsevier, vol. 76(C).
    5. Yongmin Chen & Jianpei Li & Jin Zhang, 2022. "Efficient Liability In Expert Markets," International Economic Review, Department of Economics, University of Pennsylvania and Osaka University Institute of Social and Economic Research Association, vol. 63(4), pages 1717-1744, November.
    6. Ashish Arora & Andrea Fosfuri, 2005. "Pricing Diagnostic Information," Management Science, INFORMS, vol. 51(7), pages 1092-1100, July.
    7. Liangfei Qiu & Arunima Chhikara & Asoo Vakharia, 2021. "Multidimensional Observational Learning in Social Networks: Theory and Experimental Evidence," Information Systems Research, INFORMS, vol. 32(3), pages 876-894, September.
    8. Florian Baumann & Tim Friehe, 2012. "Emotions in litigation contests," Economics of Governance, Springer, vol. 13(3), pages 195-215, September.
    9. Kick, Markus, 2015. "The Price Premium Induced by Branding: A Health Care Case Study," EconStor Preprints 182504, ZBW - Leibniz Information Centre for Economics.
    10. Bejarano, Hernán & Green, Ellen P. & Rassenti, Stephen, 2017. "Payment scheme self-selection in the credence goods market: An experimental study," Journal of Economic Behavior & Organization, Elsevier, vol. 142(C), pages 396-403.
    11. Thomas Liebi, 2002. "Monitoring Eco-Labels: You Can Have Too Much of a Good Thing," Diskussionsschriften dp0207, Universitaet Bern, Departement Volkswirtschaft.
    12. Rudolf Kerschbamer & Matthias Sutter & Uwe Dulleck, 2009. "The Impact of Distributional Preferences on (Experimental) Markets for Expert Services," Working Papers 2009-28, Faculty of Economics and Statistics, Universität Innsbruck.
    13. Yannick Gabuthy & Pierre-Henri Morand, 2019. "Lawyer Fee Arrangements and Litigation Outcomes: An Auction-Theoretic Perspective," Working Papers of BETA 2019-03, Bureau d'Economie Théorique et Appliquée, UDS, Strasbourg.
    14. Ben C. J. van Velthoven & Carolien M. Klein Haarhuis, 2011. "Legal Aid and Legal Expenses Insurance, Complements or Substitutes? The Case of the Netherlands," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 8(3), pages 587-612, September.
    15. Joachim Heinzel, 2019. "Credence Goods Markets with Fair and Opportunistic Experts," Working Papers CIE 119, Paderborn University, CIE Center for International Economics.
    16. Ritzer-Angerer Petra, 2020. "Was bedeuten die Vertrauensguteigenschaften der Jahresabschlussprüfung für die Regulierung der Wirtschaftsprüferhaftung?," Zeitschrift für Wirtschaftspolitik, De Gruyter, vol. 69(2), pages 89-119, August.
    17. Sergey Belev & Olga Boldareva & Ilya Sokolov & Anna Zolotareva, 2013. "Features of the Public Procurements of Innovation Products in Russian and the World," Published Papers 166, Gaidar Institute for Economic Policy, revised 2013.
    18. Anne Duchêne, 2017. "Patent Litigation Insurance," Journal of Risk & Insurance, The American Risk and Insurance Association, vol. 84(2), pages 631-660, June.
    19. Shihu Zhong & Jie Chen, 2019. "How Environmental Beliefs Affect Consumer Willingness to Pay for the Greenness Premium of Low-Carbon Agricultural Products in China: Theoretical Model and Survey-based Evidence," Sustainability, MDPI, vol. 11(3), pages 1-20, January.
    20. Yang Xi & Qiao Yue, 2019. "Judicial Reform in China: From the Perspective of Legal Fee Arrangements," Asian Journal of Law and Economics, De Gruyter, vol. 10(3), pages 1-10, December.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bpj:ajlecn:v:2:y:2011:i:3:n:4. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.degruyter.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.