If you asked an Indian lawyer what law firm Fali Nariman or Soli Sorabjee worked for, you might be asked if you’d just landed from Mars or spent the last fifty years in a cave. It’s well known that our leading litigators are a solitary species and have been that way since the beginnings of our legal system. Strangely enough, though, the situation’s completely different  in the United States. Former Solicitor-General Theodore Olson happily works at Gibson Dunn with former Assistant Solicitor-General Miguel Estrada (and a few hundred others), Chief Justice John Roberts once walked the halls of Hogan & Hartson with the legendary Bob Bennett and Williams & Connolly has had more respected names than a copy of Who’s Who.

Well, you might take the easy way out and blame it on the British. Our senior advocates are in the tradition of Queen’s Counsel, you might say, and we all know that they don’t operate in groups. That sounds plausible except that it’s increasingly not true. First, most top QCs are to be found in “sets” such as One Essex Court, Fountain Court or Brick Court Chambers. Even the biggest sets are typically far smaller than the leading law firms in London – they might comprise 60 or 70 barristers of varying seniority against the several hundred solicitors who work for Clifford Chance or Freshfields or Linklaters. What’s most interesting, though, is that a single set may boast as many as five or ten top-notch barristers, although each might specialize in different areas of the law.

Second, even some leading barristers have started making the transition from a cosy set on Fleet Street to being part of a full-service commercial law firm. The most high profile case in recent years might well have been Lord Peter Goldsmith’s decision to join the white-shoe firm of Debevoise & Plimpton after serving as Attorney General in Tony Blair’s government. Third, a reverse trend has seen increasing rights of audience being granted to solicitors, ending the barristers’ monopoly over court appearances.

So are Indian advocates merely behind the global trend? Not necessarily. In fact, there may well be good economic reasons for opting to be a lone wolf rather than to hunt in packs. One major factor is the relatively general nature of Indian litigation practice. Although Indian litigators, especially senior ones, might have a broad preference for civil over criminal cases or vice versa, few would identify themselves as specializing solely in intellectual property or tax or human rights. In the United Kingdom, however, specialization and even super-specialization is the increasing trend. Entire sets have, over time, come to be identified with especial competence in one field or another.

What that means is that the top litigators don’t necessarily cut each other out. If you want advice on a media matter, you might choose to take your business to the galaxy of talent at Blackstone Chambers but on tax you might prefer the clearly named Grey’s Inn Tax Chambers. By operating alone, Indian lawyers might attain comparatively less specialization but it leaves them open to take on a broad range of work, from constitutional law to divorce cases.

Another answer is the clearer separation of functions in India. Indian litigators primarily represent their clients in court. A substantial amount of drafting and case preparation may be done by the advocate-on-record or a law firm. By contrast, in the United Kingdom, where barristers may be more actively involved in case management, administrative expenses may be higher. It makes sense to share the pain by banding into a set and spreading the cost around. In India, cheaper labor and service costs and the senior counsel’s limited role have combined to result in significantly lower administrative fees, making solo practice far more viable than either the UK or the USA.

This is not to suggest that the Fali Narimans or the Ashok Desais of the future will never be associated with law firms. For the moment, however, Indian litigators would rather walk alone, thanks very much.

Lexpert is an Indian lawyer currently based out of the United States. 

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