With a population of over one billion, 3.29 million square kilometres of landmass to cover, several climates, a multitude of languages and customs, the Indian market can be a daunting place for businessmen and foreign lawyers alike. Shailini Agarwal, a partner with ALMT Legal, explains how, with clear objectives and a steady nerve, doing business in India and getting the best out of local lawyers as instructing solicitors can be richly rewarding and an experience to remember.

Outsourcing legal services '“ Maintaining hands on responsibility

Today outsourcing is a well accepted and widely used management tool that spans all industries on a global basis. The legal sector is no different. However, much like outsourcing software development to the shores of India requires a well defined structure and strong project management, instructing local lawyers on cross border transactions requires skilful handling and an appreciation for the idiosyncrasies of operating in a foreign land.

International transactions increasingly require a consortium of lawyers and law firms to deal with the complex multi-jurisdictional issues that arise.  In such instances, the task of identifying and instructing local counsel invariably falls on the lead firm.  Dealing with colleagues operating in a similar business, cultural and commercial environment is not as daunting as operating in a less known market.

Business transactions in India need to be carefully considered and monitored. Particularly where a team of international lawyers is set up to assist in completion of a transaction it is vital to ensure that all members of that team follow the discipline required for a successful outcome.  Whilst the tendency is to place a matter completely in the hands of local lawyers who one considers better equipped to deal with the local law of the land, it is imperative that a hands on approach is maintained at all times.  Firms differ in the legal and professional services they offer, each having their own corporate culture, servicing styles and team dynamics.

In order to associate the most appropriate service providers in a foreign jurisdiction it is advisable to know something about the market the firms operate in.  Knowing firsthand the pitfalls to expect helps in segregating reality from myth. It is also helps in assessing what support is required locally and which individuals or firms are best equipped to provide it.

From our own experience in operating as Indian advisers in a European marketplace, apart from providing assistance with Indian legal issues, we often play a crucial role in bridging the cultural gap in respect of the varied linguistic and working ethics prevalent in cross border transactions.  First hand knowledge and experience of the Indian market allows us to advice and assist clients and instructing solicitors on preferred entry strategies for their clients.  A practical and commercially sound approach to solving business issues assists clients in overcoming the complex commercial, regulatory, legal and technical issues characteristic of doing business in India.