Part III of the Constitution of India is arguably its most important part. It is because it is in Part III that fundamental rights are enshrined. Since fundamental rights are mostly guarantees to the people of India against arbitrary action of the ‘state’, the definition of ‘state’ provided in Article 12 assumes great significance.
The government and the legislatures of the states;
All local authorities and
Other authorities within the territory of India, or under the control of the Government of India.
Except for the expression ‘Other Authorities’, all other terms are self explanatory. Over the last 7 decades, the concept of ‘Other Authorities’ under Article 12 has undergone tremendous transformation. The Supreme Court of India gave birth to the concept of ‘agency or instrumentality of the state’ which brought within the ambit of the definition of state several institutions that apparently cannot be grouped together with the Union or state governments, Parliament or state legislatures or local bodies.
This article attempts to enumerate important judgements of the Supreme Court and a few High Courts to give a comprehensive understanding of the concept of agency or instrumentality of the state.
Pre-‘instrumentality’ era
Following the judgement of Madras High Court in the case ‘University of Madras vs. Shanta Bai (1954)’, the doctrine of Ejusdem Generis (of a like nature) was considered to be the guiding principle that helped decide whether a body or institution fell within the ambit of Other Authorities. As per this principle, a body like a university does not constitute a ‘state’ as it is not similar to the government or legislatures or local authorities.
However, in Smt. Ujjam Bai vs. State of Uttar Pradesh (1962), the Supreme Court held that the principle of Ejusdem Generis is not useful in interpreting the expression ‘other authorities’. The Apex Court held that there is no genus in Article 12. In other words, there is no single thread running through the other constituents of the state, about which there is no confusion.
In Rajasthan State Electricity Board vs. Mohan Lal and Ors. and others, the Supreme Court held that the expression “other authorities” in Article 12 includes all constitutional or statutory authorities on whom powers are conferred by law. It does not matter, even if some of the powers conferred are for the purpose of carrying on commercial activities. According to Article 19 (1) (g), the state has the right to carry on trade or business.
Instrumentalities of the state under Article 12 of the Constitution
The instrumentalities of the state under Article 12 of the Indian Constitution are various entities that are formed by the government to carry out its functions and achieve its objectives. These instrumentalities include:
Government companies: These are companies in which the government holds a majority stake (more than 50%). They are established under the Companies Act, 2013, and are subject to the same laws and regulations as private companies. However, they are considered to be instrumentalities of the State because of the government’s control over their operations.
Public corporations: These are entities created by a special act of Parliament or a state legislature. They are not subject to the Companies Act, 2013, and have a separate legal personality. Public corporations are typically established to undertake specific functions or projects that are considered to be in the public interest.
Statutory authorities: These are bodies created by a statute (law) to perform specific functions. They may be either autonomous or subordinate to a government department. Statutory authorities are often given special powers and privileges, such as the power to make regulations or to acquire land.
Local governments: These are bodies responsible for the administration of specific areas, such as cities, towns, or villages. Local governments are typically elected by the people living in the area, and they have a range of powers and responsibilities, such as providing public services, regulating land use, and enforcing laws.
Other entities: In addition to the four main types of instrumentalities listed above, there are a number of other entities that may also be considered to be instrumentalities of the state. These include:
Universities and educational institutions
Hospitals and other healthcare institutions
Cultural and sports organisations
Charitable trusts and foundations
The instrumentalities of the state play a vital role in the functioning of the government and the delivery of public services. They are also subject to a number of legal and constitutional requirements, such as the requirement to act in the public interest and to be accountable to the people.
Sukhdev Singh & others. vs. Bhagatram Sardar Singh Raghuvanshi and Anr. can be considered the turning points as far as the expression ‘other authorities’ in Art. 12 is concerned. In this landmark case, Justice K. K. Mathew gave birth to the doctrine of agency or instrumentality of the state. The question in front of the Apex Court in this case was whether the Life Insurance Corporation of India, ONGC and the Industrial Finance Corporation fell within the ambit of the state under Article 12. In this case, the Supreme Court held that even in the absence of the power to make rules that are binding on the general public, a corporation can be held to be ‘state’ if such corporation is a statutory one having the power to make its own rules. More importantly and interestingly, the Court said that a state, being an abstract entity, can only act through the instrumentality or agency of natural or juridical persons. Therefore, if the state acts through a corporation, such corporation becomes an agency or instrumentality of the State. Thus, the key question is whether the body in question is acting as an agency or instrumentality of the government.
Interestingly, inSabhajith Tewari vs. Union of India (1975), which was delivered by the same constitutional bench on the same day as the Sukhdev Singh judgement, it was held that a body registered under a statute that was not performing an important state function or which was not under the pervasive control of the state cannot be considered an instrumentality of the state for the purpose of Article 12.
If the entire share capital of the corporation is held by the government, it would go a long way towards indicating that the corporation is an instrumentality or agency of the government.
Where the financial assistance of the State is so great as to meet almost the entire expenditure of the corporation, it would afford some indication of the corporation being impregnated with governmental character.
Existence of deep and pervasive governmental control.
Existence of any state conferred or state protected monopoly status.
Functions carried out by the corporation are public functions or closely related to governmental functions.
Finally, if a department of government is transferred to a corporation, it would be a strong factor supportive of this inference that the corporation is an instrumentality or agency of government.
The Court held that any of the above factors taken individually cannot be a deciding factor. The court has to consider the cumulative effect of answers to all the above questions, with reference to the facts and circumstances of each individual case. Applying this test, the Supreme Court held the International Airport Authority of India to be a state under Article 12.
In Ajay Hasia vs. Khalid Mujib Sehravardi (1981), Regional Engineering College, Srinagar, a society registered under the Jammu and Kashmir Registration of Societies Act, 1898, was held by the Supreme Court to be a state. The judgement in this case was interesting because, although the Supreme Court reiterated the validity of the 6 point test formulated by it in the R. D. Shetty case, the Court relied almost exclusively on the test of the existence of deep and pervasive governmental control. Additionally, the judgement significantly watered down the effect of the judgement in the Sabhajit Tewary case.
In Chander Mohan Khanna vs. NCERT (1991), the Supreme Court held the NCERT to not be a state under Article 12. The Court relied on the fact that NCERT was an autonomous body whose activities were not wholly related to governmental functions. The governmental control was low and the government did not fund NCERT wholly. Thus, the case did not satisfy the requirements of the state under Article 12 of the Constitution.
In Pradeep Kumar Biswas vs Indian Institute of Chemical Biology (2002), the Supreme Court gave further clarity to the test it had formulated in the R. D. Shetty and Ajay Hasia cases by declaring that the key question to be asked is whether a body is under deep and pervasive control of the government and whether the body is financially, administratively and functionally dominated by the government. If the answers to the above questions are affirmative, a body is ‘state’’ even despite its non-statutory nature. However, the Court also mentioned that when the control is merely regulatory, whether under statute or otherwise, it would not serve to make the body an instrumentality of the state.
InZee Telefilms Ltd. and Anr. vs. Union of India (2005), the question before the Supreme Court was whether the Board of Control for Cricket in India (BCCI) was an agency or instrumentality of the state. The Court relied upon the following established facts in coming to a decision:
BCCI is not a statutory body
The government does not own any share capital in the BCCI.
BCCI does not receive any financial assistance from the government.
BCCI’s monopoly status in the field of cricket is neither State conferred nor State protected.
There is no deep and pervasive state control.
Based on the above facts, the Supreme Court held that BCCI is not an instrumentality of the state.
Doctrine of instrumentality of state in India
The doctrine of instrumentality of the state is a legal principle that states that a state is not liable for the acts of its agents or instrumentalities, even if those acts are illegal or unconstitutional. This doctrine is based on the idea that a state is a sovereign entity and cannot be held liable for the actions of its employees or agents.
In India, the doctrine of the instrumentality of the state has been interpreted in a number of cases. In the case of State of Rajasthan v. Union of India, the Supreme Court of India held that the state is not liable for the acts of its agents or instrumentalities, even if those acts are illegal or unconstitutional. The court reasoned that the state is a sovereign entity and cannot be held liable for the actions of its employees or agents.
However, the doctrine of the instrumentality of the state is not absolute. In some cases, the state may be held liable for the acts of its agents or instrumentalities. For example, in the case of the Bhopal Gas Leak Disaster (Union Carbide Corporation v. Union of India), the Supreme Court of India held that the state could be held liable for the acts of its agents or instrumentalities if those acts were ultra vires or illegal.
The doctrine of instrumentality of the state is a complex legal principle that has been interpreted in a number of cases in India. The doctrine is based on the idea that a state is a sovereign entity and cannot be held liable for the actions of its employees or agents. However, the doctrine is not absolute and the state may be held liable for the acts of its agents or instrumentalities in some cases.
The doctrine of the instrumentality of the state has a number of implications for the Indian legal system. First, it means that the state cannot be sued for the acts of its agents or instrumentalities, even if those acts are illegal or unconstitutional. Second, it means that the state is not liable for the torts of its employees or agents, even if those torts are committed in the course of their employment. Third, it means that the state is not liable for the contracts of its agents or instrumentalities, even if those contracts are entered into on behalf of the state.
The doctrine of instrumentality of state is a fundamental principle of Indian law that has a number of important implications for the Indian legal system. The doctrine is based on the idea that a state is a sovereign entity and cannot be held liable for the actions of its employees or agents. However, the doctrine is not absolute and the state may be held liable for the acts of its agents or instrumentalities in some cases.
Conclusion
The brief discussion above shows that not only did the judiciary expand the definition of State under Article 12 by bringing into existence the doctrine of ‘Agency or Instrumentality of the State’, it also formulated several tests over the years to find whether a body is such instrumentality. The concept of instrumentality was invoked for the first time before the liberalisation of the Indian economy. Since 1991, there have been changes in the nature of several public sector corporations, like BSNL (formerly a department of the Central Government). Many such corporations today carry out mostly commercial functions. Their being considered instrumentalities of the state may act as fetters on them. On the other hand, at least some of the purely private bodies, like the BCCI, carry out seemingly public functions. Considering these factors, it is certain that the concept of instrumentality will undergo further transformation in the coming decades.
This article is written by Sakshi Raje. This case study provides a detailed analysis of the landmark judgement of S.P.S Balasubramanyam vs. Suruttayan (AIR 1992 SC 756), which further elaborates on the facts of the case, issues, and critical analysis of the case. This article also discusses the highlights of the judgement, such as live-in relationships, the legitimacy of children, and other presumptions related to marriage.
Table of Contents
Introduction
In a world where traditional norms are being redefined, the concept of live-in relationships has emerged as a new approach to companionship and romance, i.e. a kind of mechanism where couples can explore the freedom and the sense of compatibility with their partner, without the immediate pressure of marriage. However, the societal acceptance of this new concept is still very limited and is leading to many legal battles, like the one that has been dealt with in the present case by the Judiciary, where the major concern was raised in regard to the right of a child born out such relationship are legitimate and whether they enjoy the same status as that of a legitimate child in the share of ancestral and coparcenary property.
The Judiciary being one of the main institutions in addressing such conflict has taken a progressive approach to such social evolution. The judiciary with its wider interpretation of law and protective stance strives to protect the rights of individuals who have opted for such arrangements by providing them protection and recognition similar to that of rights traditionally reserved for married couples. As in the present case, it was accepted that the couples living together for a longer period of time and having a child born out of that relation can be called a legitimate child and thereby have equivalent rights over ancestral and coparcenary property.
What does the term live-in relationship refer to
Live-in relations refer to the kind of arrangement where two individuals live together like a married couple but with no performance of either a marriage ceremony or with the registration of marriage. In the case of Indra Sharma vs. VKV Sarma, (2013) the Hon’ble Supreme Court has distinguished both terms as “relationship of marriage continues, notwithstanding the fact that there are differences of opinions, marital unrest etc., even if they are not sharing a shared household, being based on law. However, a live-in relationship is purely an arrangement between the parties, unlike a legal marriage. Once a party to a live-in- relationship determines that he/she does not wish to live in such a relationship, that relationship comes to an end.” This concept is basically a Western concept, however, with the passage of time and increased social acceptance of individual’s personal choices and relationships this concept is now being accepted in a large part of society.
From ancient times, India has been known for its culture, values, and morals, and thereby till the 21st century this set-up of living together without marriage was considered to be a big taboo, however, with the fast-growing economy, globalisation and increasing awareness among people, India has now started to accept western cultures including that of live-in relationships.
Marriages in India are sacramental and are considered to be one of the important rituals for socialisation, unlike in Western countries where civil agreements are formed. The concept of live-in relation is new to India but in the current scenario is widely accepted in youth and in urban areas. In terms of legal protection, there is no such legislation being formed till date, however, the Indian judiciary due to its wide interpretation of laws has delivered various judgements and has given legal recognition and has further provided protection to the partners living in such arrangements.
One such case wasBadri Prasad vs. Dy Director of Consolidation (1978)the partners lived together for a long period of time i.e. 50 years and represented themselves as husband and wife in the society, here Hon’ble Supreme Court had accepted and acknowledged the fact that a live-in relationship is a valid form of marriage. However, even after acceptance of the concept, there are still certain other aspects that need to be considered in relation to live-in relationships.
In another case of Payal Sharma vs. Nari Niketan (2001), where the 21 years old girl approached Allahabad High Court seeking protection from court to live life with the choice of her partner without any interference. It was held that man and woman can live together even without getting married as per their wish. It was further observed that even if the act of living together is considered immoral in society, such an act cannot be regarded as illegal under the presumption of law as everyone has the right to live with the person they wish to spend their time with under Article 21 of the Indian Constitution.
In the present case study, we will unfold one such aspect of live-in relationship, where the concern was raised in regard to the rights and recognition of children born out of such arrangements.
Facts of SPS Balasubramanyam vs. Suruttayan (1992)
In order to understand the facts of the case, it is important to first understand a short brief of the family background, and how the disputed property became the concern. The dispute arose out of the family dispute wherein Manthi alias Thambiran Padayachi had 3 sons, out of which one was named as Chinnathambi. Mr Chinnathambi was married to Ms Pavayee who was the legally married wife, however, Mr. Chinnathambi was living with another woman whose name was also Ms. Pavayee (herein referred to as Pavayee 2). Mr. Chinnathambi had 2 sons and 1 daughter from Ms. Pavayee 2, out of which one of the sons was named as Ramaswamy.
In the year of 1968, Manthi executed the will of settlement dividing his coparcenary property as well as ancestral property among his children and grandchildren, where Chinnathambi did not receive his share and which ultimately led him to the filing of suit against his brothers with the claim of a share in property as was mentioned under the will and also in favour of other family members. The suit was terminated on March 18, 1952, by the compromise between the parties, where a share in the property was given to Mr. Chinathambi, of which he later executed the settlement deed by which he divided his share of property between his wife and his children out of which Ramaswamy received 1/3rd share in the property, which he later sold to the appellant in 1971.
This selling of property was then resisted by the descendants of the other two branches which ultimately led to the appellant filing a suit under Article 132 of the Indian Constitution for the declaration of property under his name and for the recovery of possession of property.
Issues raised
The major concern raised in front of the Hon’ble Supreme Court, was whether the High Court was justified in presuming the validity of marriage or not?
Whether Ramaswamy’s selling of ancestral property which he had received was valid or not?
Judgement in SPS Balasubramanyam vs. Suruttayan (1992)
Judgement by Trial and Appellate Court
The suit was first raised before the Trial court where the major dispute raised was on the fact that, whether the Ramaswamy to be considered as the legitimate child of Mr. Chinathambi and also, whether he has the right title over the property, as the property in talks is ancestral and coparcenary. The Trial Court thereby held that the claim raised by the defendants in regard to Ramaswamy being the illegitimate child of Pavayee 2 and Chinathambi was true to the fact that, Chinathambi was already legally married to another woman and Pavayee 2 was only concubine with whom he was spending time. It was also considered during this judgement that the settlement deed made by Manthi was for the ancestral and coparcenary property which in his will was to be distributed to his children and grandsons which includes Chinathambi but not in favour of Ramaswamy, and hence, the deed of settlement executed by Chinathambi was held to be invalid.
However, this judgement was set aside in the Appellate Court, according to which it was held that even though Chinathambi was married to other women but was living with Pavayee 2 under the same roof for a longer period of time, which arose the presumption of them being husband and wife in the society, and therefore, the child born from such relationship is a legitimate child. Further, it was also stated in the judgement by Appellate Court that the deed executed by Manthi for the distribution of property and the compromise made between the 3 sons for the suit filed by Chinathambi about the partition and parties agreeing to the facts that the compromise so made, can be given effect without distributing the same on the basis of metres and boundaries, as the other parties were already in possession of the same, and therefore, it can be held that Chinathambi has got the exclusive right over the property and hence the deed made in favour of Ramaswamy was valid.
However, this presumption was again rebutted in the Second appeal by the Hon’ble High Court of Madras (relying onGokal Chand vs. Parvin Kumari (1952)), where it was argued that Pavayee 2 was a married woman, therefore, even if she was living with Chinathambi there is evidence on record which proves that she had a living husband, and thereby it was held that both were committing adultery and living into such adulterous relationship is not recognised by any law, further, it was also stated that, had both Chinathambi and Pavayee 2 were legally married there must have been some mention of Pavayee 2 and her offspring on the executed deed by Manthi.
Further, it was also found that the compromise made out of the suit filed by Chinathambi was between the family members and Chinathami and no mention was made either to Pavayee or Ramaswamy, further certain other documentary proof was relied which ultimately led to the conclusion that both Pavayee and Chinathambi was not in legal marriage and thereby Ramaswamy, did not hold any active right in the share of the property, he has received under the executed deed by Mr. Chinathambi. However, the decision so made was unsatisfied by the appellant and therefore, the present appeal was filed.
Judgement by the Apex Court
The present suit was then referred to the Hon’ble Supreme Court, where the appeal was allowed and the judgement so provided by the Madras High Court was set aside.
The Hon’ble Supreme Court observed that “the circumstances relied upon by the High Court are reasonable to destroy the presumption, which is otherwise available to recognise Pavayee 2 as the wife of Chinnathambi. It was said that the absence of the names of Pavayee 2 and her son from the documents does not affect the legitimacy of her children with Chinnathambi. The evidence submitted is also unreliable, as witnesses did not deny that Chinnathambi and Pavayee No. 2 lived together. It is undisputed that Chinnathambi fathered children, including Ramaswami. Therefore, the High Court’s evidence does not negate the presumption that Chinnathambi and Pavayee No. 2 lived together as husband and wife.”
Analysis of SPS Balasubramanyam vs. Suruttayan (1992)
S.P.S Balasubramanyam vs. Suruttayan Andalli Padayachi and ors. is considered to be one of the important and famous judgments as it establishes the principle of validating the presumption of marriage if the partners have lived for a longer period of time and have made society and law to presume about them being legally married couple. Further, this case also establishes the legitimacy of the child born out of such a relationship and thereby ensures that every child born out of such arrangements is given the same rights and recognition as that of the child born to the legally married couple. The ruling in this case has had great implications on the rights of the children born out of such arrangements and also the acceptance from society of such relationships.
The highlights from the the judgement of Hon’ble Supreme Court are as follows:
Child legitimacy: As per the present judgement so provided, it gives the children born out of such live-in relationships, presumes the right of being recognized to be the legitimate child. As was held in the case ofTulsa & ors. Vs. Durghatiya, (2008), where the issue arose was that of inheritance of rights for the children born out of live-in relationships. The Hon’ble Supreme Court relying on Section 114 of the Indian Evidence Act, 1872, held that such an act of marriage is to be presumed from the common course of natural events, and, hence the child born out of such live-in relationship arrangement is a legitimate child and thereby has the right to inherit property from parents.
In yet another case of D. Velusamy vs. D. Patchaiammal (2011), the case was in regards to the interpretation of the term “relationship in the nature of marriage” under the Domestic Violence Act, 2005 in regards to the protection of marriage. It was held that the children born out of such relationships have legitimate status in the society, and hence can inherit property from parents.
Marriage Presumption: The judgement here clearly mentions that if a man and woman live together for a longer period of time even if both are not legally married, it is presumed by law that they are legally married. Further transferring the onus to prove the validity of marriage to the person who wants proof of the same i.e. the other party.
As was in the case of Badri Prasad vs. Dy Director of Consolidation and ors. (1978), where the Hon’ble Supreme Court held that couples who have been living together like husband and wife for a longer period of time shall be presumed to be legally married couple, however, such presumption can be rebutted, but the burden to prove the same will lie on the respondent or the person who has raised concerns in regards to the legality of marriage.
The Author is of the opinion that the judgement in the present case is truly remarkable as it recognises the live-in relationship to be valid and also strengthens and protects the rights of the child born from such relation in India. The judgement sets the realistic approach towards the progressive societal changes and recognizes the fact of moving with the fast changing society. Also, this judgement marks the protection of the rights of children born out of such relation which they might lose if such progressive judgements were not passed.
Conclusion
The present judgement significantly bolstered the rights of the children born out of live-in relationships and provided essential legal recognition to such unions. By presuming legal marriage for long-term cohabiting couples under Section 114 of the Indian Evidence Act, and affirming the legitimacy of their children, the judgement aligns the law with contemporary social realities. This progressive decision has had far-reaching implications for inheritance and property rights, ensuring that children from live-in relationships receive the legal protections they deserve, marking a pivotal step in the evolution of family law in India.
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This article is written by Sudhakar Singh. The article deals with the case of State of Karnataka vs Umadevi along with the facts, issues and Judgement. This article provides an in-depth analysis of laws related to equality of opportunity in public employment and the power of the State to make rules and regulations regarding public services, with reference to directions given by the Supreme Court on regularisation of employees.
Table of Contents
Introduction
Equality is a simple yet powerful idea that everyone should be treated fairly and receive the same opportunities. It means that no one should be favoured or discriminated against because of factors like their race, gender, religion, or background. Imagine a world where everyone has the same chance to succeed, regardless of where they come from or who they are. That’s what equality is all about.
The concept of equality refers to creating a level playing field for every person. It is not about treating all individuals the same way, since different people have different needs and circumstances. Instead, it is about ensuring that everyone has access to what they require to thrive and reach their full potential. This might mean providing extra support to those who need it or removing barriers that restrict certain groups.
Equality is important because it promotes fairness and justice in society. When everyone is treated equally, it helps to build trust and harmony among people. It also ensures that everyone has the chance to contribute to their community and make a positive impact. In short, equality is about creating a world where everyone has the opportunity to succeed and live a fulfilling life, regardless of who they are.
Equality before law is ensured by our constitution of India, under Article 14. The Indian Constitution ensures equality in every possible aspect of life. Article 16 is a facet of Article 14. Both provisions are closely interconnected. Article 14 talks about equality in a general sense and Article 16 is more detailed and identifies equality of opportunity with respect to employment.
InState of Karnataka v. Umadevi (2006), the Supreme Court has laid down a law which is to be considered while dealing with a question of integration, absorption or permanent employment of any daily-wage, casual or temporary employee.
Details of the case
Case name:Secretary, State of Karnataka and others vs. Umadevi and others
Appellant: Secretary, State of Karnataka and others
Laws discussed in the case: Article 14, Article 16 and Article 309 of Indian Constitution.
Facts of State of Karnataka vs. Umadevi (2006)
In Civil Appeals Nos, 3595-3612 of 1999, the respondents claimed that they were employed as temporary wage workers for more than 10 years by the Commercial Tax Department in the State of Karnataka and hence were entitled to be made permanent employees of the department. The Director of the Commercial Tax Department was in favour of absorption of such workers. However, the Government rejected such a recommendation. Therefore, the respondent appealed before the Administrative Tribunal, which rejected such appeal by stating that the respondent possessed no right to receive wages equal to that of regular employees, and had no right to get regularised. The respondent approached the High Court against the order of the Administrative Tribunal. The High Court ordered that the employees are entitled to get wages equal to the salary and allowances of regular employees of their cadre in government services, with effect from the dates of their respective appointment. It was also ordered to consider the regularisation of these employees within four months of the order. It was noticed that the High Court judgement has had a retrospective effect by more than 12 years. The High Court order was based on the precedent of Dharwad Distt. P.W.D Literate Daily Wages Employees v. State of Karnataka, (1990), and on the ground that since the employees had worked under the department for more than 10 years they were entitled to equal pay for equal work since the inception of their engagement and also to be regularised in their respective employment.
In Civil Appeal Nos. 1861-2063 of 2001, the appellant’s association appealed to the High Court, by way of a writ petition under Article 226 of the Constitution, challenging the Government’s order to cancel all appointments of casual workers and daily wage workers made after July 1, 1984. They also sought the regularisation of all daily-wage workers employed by the Karnataka Government and its local bodies. The appeal was allowed and the judge ordered that they be paid wages at par with that of a regular employee and also their employer’s to consider regularisation. The State of Karnataka went on to appeal this decision. The Division Bench of the High Court allowed the appeal, and decided that daily wage workers who were employed in government agencies or other statutory bodies, after 7th July, 1984 were not eligible to receive benefits under the provision established by the Supreme Court in the case of Dharwad Distt. P.W.D Literate Daily Wages Employees v. State of Karnataka, (1990).
Unhappy with these decisions, the members of the associations filed an appeal before the Supreme Court. Since it was observed that there were contradicting opinions from various benches, the matter was referred to a three-judge bench, who eventually referred the matter to a Constitution Bench.
Issues raised
Whether the respondents working under different services as a temporary, daily wages worker, are entitled for regularisation?
Whether the daily wage or temporary workers are entitled to get equal pay for equal work ?
Whether under Article 309 of the Indian Constitution, the State can make any laws regarding employment ?
Whether the Supreme Court should provide justice on the basis of each situation or should take the interests of the population as a whole into consideration?
Arguments of the parties
Appellant
There exist several court orders allowing the absorption of employees without taking the relevant legal principles into consideration. The counsel for the appellant, Mr. Lakshmi Narayan submitted that this has led to confusion and hence, the Court must establish clear legal standards regarding the matter at hand.
Respondent
It was submitted by the counsel, Mr M.C. Bhandare, that the scheme for regularisation is consistent with the provision of Article 14 and Article 21 of the Constitution. It was contended that state action of not regularising the employees would be violative of the rule of law.
The counsel argued that in the Dharwad case, Piara Singh case, Gujarat Agricultural University case, etc., regularisation of employees temporarily employed at any point of time, was ordered. Denying the regularisation of employees would mean the discrimination against employees similarly situated. Therefore, all the employees appointed on daily wages, contractual or temporary basis, should be directed to be regularised.
It was also stated that since some person has been appointed in the post for a long time, if they are discontinued from their employment, it would be unfair to them. Even if they were aware of the nature of their employment. The bargaining power between employers and employees are unequal therefore the action of the government of not making employees permanent would be violative of Article 21.
Law involved in State of Karnataka vs. Umadevi (2006)
Provisions under the Constitution of India
Article 14: Equality before law
The underlying object of Article 14 is to secure to all persons (both citizens and non-citizens), the equality of status and opportunity referred to in the Preamble to our Constitution. The meaning of the term ‘person’ is gender neutral and also covers transgenders. They are entitled to legal protection of civil and citizenship rights, as enjoyed by every person in India.
Article 14 embodies the principle of non-discrimination. However, it is not a free standing provision. It has to be read in conjunction with rights conferred by other articles, such Article 21 of the Constitution, which guarantees the right to life and embodies several aspects of leading a dignified life. It includes “opportunity”. Articles 14 and 21 are the heart of the fundamental rights.
The underlying purpose of Article 14 is to treat all persons similarly circumstanced alike, both in privileges conferred and liabilities imposed. Classification must not be arbitrary but must be rational, that is to say it must not only be based on some qualities or characteristics which are found in all persons grouped together and not in others who are left out, but those qualities and characteristics must have reasonable relation to the object of legislation.
Equality before law and equal protection of laws is the quintessence of Right to Equality, a Fundamental Right guaranteed under the Constitution of India. Equals cannot be treated unequally. Right to such equality cannot be arbitrarily denied to the equals in the absence of a valid classification.
Article 16: Equality of opportunity in matters of public employment
Article 16 of the Indian Constitution envisions public employment as a component of the right to equality. The appointment to posts must be made while providing equal opportunity to duly qualified citizens to get selected. Article 16(2) prohibits the discrimination of citizens or disqualifies any citizens from holding any public position under the state on the basis of their race, religion, caste, sex, descent, place of birth, place of residence, etc. However, appropriate personnel categorization and reasonable selection procedures are not prohibited. The Parliament may enact legislation specifying residency requirements in a State or Union in accordance with Article 16(3). Article 16(4) states that the State can prioritise backward classes of citizens in appointments or postings which, in the opinion of the State, are not adequately represented in the public services. The court is not obligated to assess the soundness of a State’s reservation policy, since various States may employ different approaches.
Article 309: Recruitment and conditions of service of persons serving the Union or a State
Article 309 of the Indian Constitution governs the recruitment and working conditions of Union and State employees. The article empowers the President or Governor of a state to control the recruitment and terms of service of people appointed to public services.
Article 309 is crucial since it provides for the maintenance of administrative control as well as the systematic control of government employee recruitment and service conditions. The article provides a framework within which civil services function, ensuring that there are clear and uniform standards controlling the terms of employment for government employees.
By establishing a legal foundation for service standards, this provision contributes to the integrity of the public service system, which is important to the administration and execution of government plans and programs.
Judgement of the case
The judgement of the Supreme Court regarding the various appeals is as follows-
With respect to the Commercial Taxes Department, the High Court had directed that those who are employed on daily wages, should be paid wages equal to that of regular employees employed in the same cadre in government service. It was also directed that the order will take effect from the dates from which they were appointed to their employees. This Court held that the High Court should have directed the daily wage workers to be paid salaries equal to that of the lowest grade of government employees in their cadre, working in the Commercial Taxes Department from the date of its judgement and not from the date of their appointment. Court waived the age restriction imposed for the recruitment in Tax Department similarly situated, and also significant weightage to that applicant who has been working in department for a significant period of time.
With regard to Civil appeal Nos. 1861-2063 of 2001, the Supreme Court decided that since the appointments or engagements were made against the directions of the Government, such appointments or engagement would be impermissible. Therefore, no relief can be granted to the appellants.
Rationale behind the judgement
The Supreme Court laid down various reasons to conclude on such a judgement.
Public employment
In a sovereign socialist secular democratic republic country, public employment must comply with the rules laid down in the Constitution and the laws enacted under it. According to our constitutional scheme, employment by the government and its agencies will take place in accordance with a method expressly given for that purpose. The core principle is equality of opportunity. It ensures that un-equals are not treated equally. Therefore, the public sector is not in contravention of the constitutional framework.
The Central/State Governments can appoint temporary employees or hire people on a daily wages basis, after taking into consideration the economic stability of the country/state. According to the National Rural Employment Guarantee Act, 2005, which was passed into the law, the objective is to provide employment to at least one family member for 100 days a year, with salaries specified under the Act. When there are regular vacancies in posts, at specific periods of time, such vacancies cannot be filled up in an irregular manner. Regular appointments must be the rule.
With regard to equality under Article 14, various acts, rules, regulations for recruitment of employees in state or in union, have been enacted. Under Article 315 (public service commissions for the Union and for the States), and Article 320 (functions of public service commissions) of the Constitution, a public service commission has been established for all matters related to recruitment in civil services, civil post and other related matters.
There arise occasions when the State has to employ a person on temporary or daily wage basis to discharge certain duties or to urgently fill a post, which is otherwise mandated to be filled by regular appointment procedures. The Constitution does not prohibit such engagements by the State or the Union. However this must not go against the fair recruitment process set up for permanent public employment. Courts acting under Article 226 and Article 32, should not intervene in such temporary employment, unless proper procedure was followed for the same.
It was argued that temporary employees who have worked for a long period should be engaged as permanent employees. However, this would not be in line with the rule law, since they would not have to go through the established procedure. Every qualified citizen has a right to apply for appointment, but temporary employees would get an unfair advantage if regularisation is applied to them. Any order of regularisation to such appointments would perpetuate the illegalities and defeat the constitutional provision regarding public employment. In State of Punjab v. Jagdip Singh and Ors. (1964), it was stated that when any government authority acting beyond its capacity, gives a person a status to which he is not legally entitled, it will not be accepted as valid under the law.
It is important for courts to keep in mind the distinction between “regularisation” and conferment of “permanence” in employment. State of Mysore v. S. V. Narayanappa (1967) stated that regularisation does not refer to making a temporary employment permanent. In R.N. Nanjundappa v. T. Thimmiah (1972) as well, the same was reiterated. The court explained that regularisation means rectifying minor procedural errors while hiring, provided that the appointment was legal. If the appointment has been made by violation of constitutional scheme and it is inconsistent with the rules of appointment, then such illegality cannot be regularised. Regularisation cannot be ordered when the authority has not acted within its conferred power. The entire appointment procedure gets affected because of this. Regularisation cannot be set as another mode of recruitment. The case of B.N. Nagarajan v. State of Karnataka (1979) also stated that the terms “regular” and “regularisation” do not mean the same as “permanence”, and it does not convey an idea regarding the tenure of appointments. These terms basically condone any procedural irregularities and are helpful in removing such irregularities in making an appointment. This Court has emphasised several times that if there are any rules regarding the appointment of employees under Article 309, then the Government cannot exercise its executive power under Article 162 in a way that would violate these rules. Thus, in other words, courts and the Executive can regularise appointments only if the appointment is made after following due procedure.
The Court observed that the financial impact of public employment must also be taken into consideration. Making temporary employment permanent could contribute to financial burden. For example, if all temporary workers in a public undertaking are made permanent workers, the financial stress of the same could shut down the entire undertaking. Such instances have taken place before.
The Dharwad District case dealt with the concept of equal pay for equal work and a scheme related to the regularisation of employees appointed without following the relevant rules of appointment was implemented by the State of Karnataka, as directed by the Supreme Court. Such directions were made without keeping in mind the distinction given in R.N Nanjundappa v. T. Thimmiah (1972), and any other constitutional requirements. The decision in the Dharwad District case cannot be said to lay down a law, as the directions were against the constitutional scheme and principle of equality.
The decision in State of Haryana v. Piara Singh (1992), was also along the same lines and cannot be treated as law in the matter of public employment. Conferring permanence on ad hoc, temporary or casual employees goes against the constitutional scheme.This Court stated that while the government has the responsibility of making and scrapping jobs, it is the duty of the courts to ensure that legal rules and fundamental rights are kept in mind while doing so. The government must not exploit the employees and adhere to the principles of equality, which includes paying equal pay for equal work and not encouraging long-term temporary employment. There are times when temporary employment is required. However, such employees should be replaced by regularly selected candidates, at the earliest. Temporary employees can apply again through the prescribed process for permanent employment, and if not selected, must make way through those who are. This ensures fairness. An unqualified person must be considered only in a situation wherein no qualified person is available. Furthermore, if a temporary employee continues for a significant length of time and is qualified for regular recruitment, then he can be regularised. Such appointments must not violate the reservation policy of the state.
The case of State of Punjab vs Surinder Kumar and ors (1991) was concerned with whether High Courts, like the Supreme Court under Article 142, is authorised to grant relief to temporary employees. It was held that High Courts lack such jurisdiction and cannot issue directions for regularisation of employees in public employment. A previous Supreme Court order cannot be used as a precedent. The decision was made against the constitutional scheme of appointment and was made in the absence of power of the High Court.
In Director, Institute of Management Development, U.P. v. Pushpa Srivastava (1992) it was held that if the appointment is contractual in nature, the employment ends when the contract expires and a temporary employee cannot continue to work on the basis of a claim that they should be promoted to permanent status. Furthermore, in the State of H.P. V. Suresh Kumar Verma (1996), the court explained that on such dismissal after the ending of the contract of employment, that person cannot be appointed to any other vacant post. It was stated that if orders were made to rehire such employees for other jobs or vacant posts, the legal system would become another method of appointment, which would not be valid since the process of recruitment would not be followed. Madhyamik Shiksha Parishad, U.P. V. Anil Kumar Kum Mishra (2005) emphasised that the concept of “equal pay for equal work” does not mean that an appointment which has been made through irregular procedure, that is, ad hoc or casual employment, should be made permanent. Ad hoc employees/temporary employees, even if their working period lasted for 1-2 years, are not entitled to reintegration or regularisation of their services. Similar observations were made in A. Umarani v. Registrar, Coop. Societies (2004).
While dealing with the issue of confirming employees whose entry was illegal and void, the case of Ashwani Kumar v. State of Bihar (1997) noted that if a candidate is appointed irregularly or on an ad hoc basis to an available vacancy, the question of confirming or regularising the appointment will eventually arise. However, the question of regularising the person who holds such a vacant post, would never be considered if the initial entry itself is unauthorised and does not relate to any available vacancy. Even if such regularisation or permanence is granted, it would not be a useful action.
Misplaced sympathy should not be used as grounds for exercising jurisdiction under Article 142 of the Constitution. When a person takes up a temporary or casual engagement, they are aware of the nature of their work. They accept the job with open eyes. It would not be appropriate to go against the constitutional system of appointments on the sole basis that someone who has worked on a temporary basis, for a considerable amount of time, should be allowed to stay in that position indefinitely. This will establish a kind of public appointment which is prohibited. Feelings of empathy cannot serve as justification for issuing an order for permanence if the concerned persons fail to establish a legal backing for their employment. While under Article 142, the Supreme Court has an exclusive jurisdictional power to lay down laws, the Court must not establish such laws which would violate any constitutional provision. This was laid down in the case of Teri Oat Estates (P) Ltd. v. U.T., Chandigarh, (2004).
The case of State of U.P. v. Neeraj Awasthi (2006) stressed on the fact that Article 162 of the Constitution does not authorise any State to make appointments, and even if it does, no appointments should be made in contravention of legal/statutory requirements. Even if such a power existed, an appointment made in contravention of such statutory rules, would be invalid anyways. Regularisation of appointment in the past, is not a guarantee of a right to regularisation of appointment in the future. Furthermore, High Courts are not competent to create employment through regularisation of ad hoc, daily wages or temporary employees. This was reiterated in State of Karnataka vs. KGSD canteen Employees welfare Association (2006).
Since the rule of law is the foundation of our Constitution, a court would certainly retrain itself from passing any order, violating Article 14 or in which the requirements of Article 14 read with Article 16 of the Constitution are not taken into account. Compliance with the rule of equality in hiring by the government is a fundamental feature of our Constitution.
Union Public Service Commission v. Girish Jayanti Lal Vaghela (2006) emphasised on the need to follow the recruitment procedure and discussed the same. The main object of Article 16 is to create a constitutional right to equality of opportunity and employment in public offices, The words “employment” or “appointment” covers the initial appointment and other attributes of service like promotion and age of superannuation, etc. A committee of experts may select candidates for any post under the state only after a proper advertisement calling for applications from eligible candidates has been made. The committee must conduct an interview or written examination or other reasonable methods, to determine the candidate’s eligibility. This ensures fairness and transparency. If an appointment was made without completing an adequate hiring process as required by the relevant laws, then the temporary employee or casual wage worker would not be eligible to be made permanent or absorbed into regular service simply on the basis of continuation.
The High Courts acting under Article 226 of the Constitution, should not issue directions for absorption, regularisation, or permanent continuance unless the recruitment itself was made regularly and in terms of the constitutional scheme. Merely because an employee had continued as a litigious employee, he would not be entitled to any right to be absorbed or made permanent in the service.
Doctrine of legitimate expectations
Here, the doctrine of legitimate expectations means that employees, especially those in the Commercial Taxes Department, must be regularised because of the expectations created by past judgements in favour of the same. This doctrine can be invoked only if the decisions of the administrative authority affect the person by depriving him of:
Some benefits which were permitted by the authorities were enjoyed by him in the past, and he was made to believe that he could enjoy such benefits unless there is a rational ground to withdraw it.
He had received assurance from the decision-maker that such benefits would not be withdrawn without first giving him the opportunity to state the grounds for not doing so.
In the present case, no such assurance of future regularisation was given by the government or the concerned department. Even though the Commercial Taxes Department agreed to it, no promise was made. By invoking the doctrine of legitimate expectation, the employees do not get entitled to regularisation if they are not appointed through legitimate procedures. When a person enters a temporary employment or gets engagement as a contractual or casual worker and the engagement is not based on a proper selection as recognised by the relevant rules or procedure, he is aware of the consequences of the appointment being temporary, casual or contractual in nature. Furthermore, In the present case, no such assurance of future regularisation was given by the government or the concerned department. Even though the Commercial Taxes Department agreed to it, no promise was made.
Constitutional scheme
In Kesavananda Bharati v. State of Kerala (1973), it was held that Article 14 and Article 16 are part of the basic structure of the Constitution. Any constitutional amendment made by the Parliament, affecting the basic structure of the Constitution would be ultra vires.
Indira Sawhney v. Union of India (1992) emphasised on the concept of equality and reiterated the basic structure doctrine expressed in the Kesavananda Bharati case, with respect to public employment. It was observed that the expressions “equality before law” and “equal protection of law” shows the significance of equality enshrined by the founding fathers of the Constitution. Further, Article 15 to Article 18 express the affirmative position of equality. Public employment bestows a certain power and status and therefore, special cautions must be taken to ensure equality of opportunity in public employment. Article 16(1) provides the right of equal opportunity to citizens of this country, in matters of public employment or appointment to any office. Clause (2) prohibits the discrimination of citizens on the ground of religion, race, caste, sex,descent, place of birth, residence, etc., in matters of public employment or appointment to any office. clause (4) provides special discretionary power to the State. It says that the State can make any laws regarding the reservation of appointments or posts in favour of any backward class of citizens, which in the opinion of the State, are not represented adequately in service.
In D. C. Wadhwa & ors. v. State of Bihar (1987), it was held that rule of law is the core of the Indian Constitution. It puts constitutional limitations on the exercise of power by the Legislature, Executive or any other authority. Any person may challenge the actions of the State, violating the rule of law, by filing a writ petition and it is then the court’s duty to restrict such actions of the State. With respect to the present case, It is clear that the rule of equality must be practised in matters of public employment. Courts should refrain themselves from passing any order violating the principle of equality enshrined under Article 14 and Article 16. Appointees are not conferred with any right unless the appointment is made through the regular procedure. If a person is appointed on a contractual basis, his appointment comes to an end at the end of the contract. If the appointment is on the basis of daily wages, then employment comes to an end when such work is discontinued. Temporary appointment does not confer a right of permanence on the appointee. Such an employee cannot claim to be made permanent on the expiry of his term of appointment. If appointment is not made with due process of selection, permanence of employment cannot be conferred only because the employee has continued beyond the period of their appointment. Under Article 226, High Courts should not pass any direction for regularisation, absorption or permanent continuance unless regular appointment has been made. In case of litigious employment also, an employee is not entitled to any right of permanence in service. High courts should not pass any interim directions with regard to litigious employment. Courts should facilitate the state instrumentalities to ensure the constitutional and statutory requirements in matters of public employment, and should not interfere with the economic affairs of the State.
In case of public employment, Articles 14, 16 and 309 ensure that fair and equitable opportunities must be given to all qualified candidates who seek employment. Temporarily employed, especially also unqualified persons should not be preferred over a vast majority of people waiting for an opportunity to get into government employment. As of now, under Article 21, right to life does not include right to employment. Accepting the right to employment as a part of right to life for a person appointed on a temporary or casual basis would deprive the majority of aspirants waiting for an opportunity to compete for government employment. The rights of citizens are to be read with the directive principle of state policy.
With respect to whether the writ of mandamus can be issued to an employer, State or its instrumentalities, to make temporary employment permanent, the courts must ensure that the authorities have a legal duty to do so, and the aggrieved person must have a legal right to seek the same. This was held in the case of Dr. Rai Shivendra Bahadur vs The Governing Body of Nalanda College (1962). If employees cannot prove their enforceable legal right to be permanently absorbed and that the State has a duty to absorb them permanently, the writ of mandamus cannot be issued.
With reference to State Of Mysore v. S.V Narayanappa (1967) , BN Nagarajan v. State of Mysore (1966) and R. N. Nanjundappa v. T. Thimmiah (1972), it is to be noted that irregular employment involves hiring people to vacant posts without following the established procedure. However, this does not completely fall under the scope of being illegal. There may be cases wherein duly qualified persons have been appointed irregularly to an available post and have worked for ten years or more. In such situations, the Government of India, a State Government or its instrumentalities can consider such appointees for regularisation, as a one time measure. Regular recruitment processes must be followed to fill up posts occupied by temporary employees. The process of regularisation must begin within 6 months from the passing of this judgement. Furthermore, any previous regularisations which are not challenged, do not have to be reopened as a result of this judgement.
Analysis of State of Karnataka vs. Umadevi (2006)
On analysing the judgement of this case, it is clear that any employee who has not been appointed through legitimate means, has no right to claim benefits equal to that of regular recruited employees. Therefore, they cannot seek permanent employment by claiming the principle of equal wages for equal work.
Employees who have worked for a company on a contract, temporary, or daily salary basis do not have a fundamental right to claim that they must be absorbed into the service. They cannot be considered as holders of the post, since regular appointments can only be made in accordance with Article 14 and Article 16 of the Constitution. It is not possible to demand treatment equal to that of individuals who are regularly employed. That would be considered as treating unequals as equals.
It was decided that in order to enforce the rule of law, the court must decide whether the person requesting relief had any legitimate right that could be enforced. Even though the employees were never appointed in accordance with the appropriate laws or in accordance with Articles 14 and 16 of the Constitution, it cannot be argued that they have established a legal right to be made permanent when taken into account in the context of the very clear constitutional scheme.
The Court held that In the guise of upholding rights under Article 14, Article 16, Article 21 and Article 309 of the Constitution, a group of individuals cannot be given preference over a vast majority waiting to receive an opportunity to get into government employment.
Conclusion
The State should not be allowed to depart from the normal rule and indulge in temporary employment in permanent posts. Ad hoc appointments for permanent vacancies should only be made in emergency situations. Regular recruitment is the norm. Appointments to posts that are not available should not be considered for regularisation. The Supreme Court was of the view that appointments made without following the due process or the rules for appointment, do not confer any right on the appointees and that the courts cannot direct their absorption, regularisation, re-engagement or permanence. The Court concluded that an appointment to a position in the government or one of its agencies may only be made through a selection process that complies with applicable laws and relevant constitutional requirements. It is also impossible to ignore the constitutional framework and the rights of the many against the few who appear before the court in the name of individualising justice.
The argument that right to employment is covered under Article 21 does not stand at this point of time. The law is ever-changing, and our Constitution is still a work in progress. Hopefully, in the future, the right to employment will be incorporated as a fundamental right or within the idea of the right to life.
Frequently Asked Questions (FAQs)
What is litigious employment ?
If any daily wage, casual or temporary employee continued his employment under the protection of a court’s order, such employment is known as litigious employment.
Is it possible to issue writ of mandamus for the absorption, regularisation and permanence of employees ?
In Rai Shivendra Bahadur (Dr.) v. Governing Body of the Natanda College (1962), the Supreme Court held that if it can be shown that the legislation imposes a legal obligation on the authorities and that the aggrieved person has a legal right under the statute or regulation to enforce it, a writ of mandamus can be issued to force the authorities to take action.
Whether the executive is authorised to make rules and regulations for employment ?
Under the proviso of Article 309 President and Governor are competent authority to make rules and regulations regarding employment, if there are no rules regarding such employment.
Whether reservation is available to SC/ST Category in public employment under Article 16 ?
Article 16(4) of the Indian constitution provides for the reservation of services under the State in favour of the backward class of citizens. Backward class includes Schedule Castes and Scheduled Tribes. In Indra Sawhney v. Union of India (1992), the Supreme Court held that the cumulative reservation in employment, irrespective of the category, must not cross the ceiling limit of 50% of total vacancies.
Whether Article 32 has limited scope as compared to Article 226 ?
Power of the Supreme court under Article 32 has a narrow scope, as it is applicable only in case of violation of a fundamental right. Power of High Courts under Article 226 has a broader scope, as it is applicable not only in the case of violation of a fundamental right, but also of a legal right.
References
Constitutional law by MP Jain
Constitutional Law of India by JN Pandey
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Artificial Intelligence (AI) is technology that uses machines that have capabilities of intelligence just like humans. Capabilities like learning, reasoning, problem solving, and language interaction are its major features. Over the past decade, all across the world, AI has gone from strength to strength in terms of big data analytics. AI has taken over all facets of work and life and it will not be a stretch to state that education and learning are among the most impacted aspects of everyday life. Just like any other technology, AI will turn into a bane or a boon based on how it is utilised. There is a lot of chatter and debate on the implications of AI in the education industry. After reading many articles on the internet about AI, what can be deduced is that technology is mostly talked about as if it exists by itself without having or causing any impact on anybody else. This article is written to highlight this fallacious argument. Nothing ever exits by itself; everything is connected to everything else and causes a domino effect just by emerging into the world.
State of education
Education in India is still evolving, and is often talked about with the connotation of being a market’, especially in the school segment. Grossly inappropriate is the phrase that comes to mind when one is confronted with such a conversation. Once education is turned into a market, then every aspect of life can be bought and sold. Money is required to propel educational advancements, innovation and outreach, but to turn education into a market is to turn the very essence of human endeavour and existence into a transaction. “Education is a social process. Education is growth. Education is not preparation for life; education is life itself.” (John Dewey, Democracy and Education). If there has been one factor that has propelled the underserved masses of India from poverty into social and financial mobility, it is education.
State of technology
India has made great strides in the area of technology, particularly information technology (IT). IT has enabled rapid mobility for millions of people yet it has its limitations. To reach the weakest link in the masses, not just in the form of a mobile phone or internet but in the form of a robust technological innovation that can be a game changer for the marginalised, should be the goal for both education and technological empowerment. There is progress and advancement in technology every day. Right from the application of drones in agriculture to smart boards in educational environments, every bit adds up towards making educational innovations available to everyone.
State of technology in education
This article will look at technology in education as a means for emancipation; it will position technology as a tool rather than an end or means towards educational reform or innovation in education. This article is influenced by systems theory and will be a complicated conversation about the opportunities and challenges that lie ahead as crucial decisions will be made for the future of the children and youth of India. Technology in education is currently at a stage where private schools, both affordable and are using smart boards, videos, the internet, YouTube, and conference facilities. Government schools, on the other hand, deploy technology based on state government mandates and are utilising laptops, digital boards and smart boards in some states, while a few states are yet to catch up.
Complicated conversation
Complicated conversations are an inherent part of the educational rhetoric in discussions in the humanities and social sciences and this article aims to entrench the reader in the problematization of AI as a technology tool. Such problematisation, the premise that a certain technology tool is a problem rather than a solution, allows the writer or a facilitator to create a dialogue to emerge if it is a discussion or a monologue to merge if it is a reflection. For example, a topic likethe Anthropocene can be used to elucidate the impact of humans on ecological destruction and the associated implications that mushroom out of the dismantling of natural systems due to technological advancement. Based on the vast literature found on the topic of the Anthropocene, both in popular media and academic research, it can be proposed that AI is going to create more issues than the solutions it might provide to elevate the state of conventional education in India. It has been known for a long time that technology can only compliment what a teacher or facilitator can offer; it cannot substitute them!
Technology perspective
A branch of AI called generative AI has emerged, and it has reasoning capabilities. What it enables is the use of bots and virtual assistants on a fundamental scale and interfaces like ChatGPT, which can produce a well-researched and well written article in seconds or DALL-E which creates images and artworks based on prompts provided as words. For example, the kind of assistance that is received on bank websites, is also possible in virtual classrooms through chatbots or virtual assistants or to assist children and adults in completing homework. There are several implications to this form of technology, there are proponents and opponents for its use in education. Those that support the usage argue that this form of AI can assist illiterate parents in helping their children learn and can be of support to children who do not have literate adults at home.
Elevates human capability
There is a proposition that AI will ease redundant work and create space formetacognition, i.e., higher order thinking about thinking. This proposition will fall flat on its face, Metacognition is a faculty of facilitation of learning; it is an aspect of pedagogy that is already well researched and employed in many disciplines. It will be worth the effort to conjecture based on observations in journal article publications and practice in the discipline that metacognition is not a widely used part of teaching methods in engineering yet, which as a discipline mostly relies on age old didactic approach. Hence, as a discipline specific approach, it is being proposed that the machines can achieve this feat without understanding that humans have accomplished it in many other fields and all that is required is the transfer of learning.
Human perspective
Hampers brain development
Rhoda Kellogg was a psychologist and researcher based in the US and she studied children’s art to understand brain development. Rhoda studied over a million samples of scribbles made by children in the early childhood years and identified 84 stages of learning associated with complimentary stages of brain development. Her findings have been employed in understanding young children and it has been found that when children are forced to write, as is done in conventional schooling, their emotional development gets arrested around the early stages of development. These children remain stuck in those stages most of their lives and cannot reach their potential, either for themselves or society at large. Children are required to run, play, draw, fall, and cry to make sense of the world around them. In most cases, adult presence itself generates an overload of conditioning for the child. In education literature and education psychology research, it has been found that children whose parents do not interfere in their process of learning develop faster and become independent learners. Currently, children are already burdened with the conditioning of their parents and teachers. Add to that the damage gadgets are already causing, and an artificial bot is the last thing a child might need to grow and develop!
Deskills human cognitive potential
Human cognition is not confined to brain function alone; human cognitive potential includes perception, sensory function and experience of the phenomenal. The premise that AI will eliminate low order work for humans to situate the species in higher order existence is fallacious and will be extremely detrimental to human existence. There is a disconnect between those who study learning and those who innovate technology. There is an interesting hypothesis that when humans start working with machines, perhaps over a period of time, they too become like machines! If machines are becoming like humans, is it not possible that humans are also becoming like them? Conscious awareness, which is a unique quality of human existence, will be diminished by machines that can numb human perception, which requires constant honing and practice. There is a word called Arivu in all South Indian languages; in the vernacular, it translates into perception. A person has to maintain their perception; otherwise, it gets lost! An observation of a potter in a potting community, will inform you that he/she will never teach children pottery through sight. They facilitate the learning of the sound of beating the clay; the child learns pottery through sound. Similarly, learning to make jowar or bajra bhakri by watching is a futile exercise, the technique and process are learned by learning to beat it properly; the learning happens through sound!
Dependence on machines
There is a gap between those who work on education and those who work on understanding learning. Those who work in education focus on the delivery of content, and evaluations to test mastery of that content but those who work in the area of learning focus on honing the perception of the learner and facilitating suitable experiences so learning may set in and higher order metacognition may emerge. In traditional systems of learning in India, when they gave a mantra to a person, they never explained the meaning of it! As the person grew up, the mantra also grew with them to hone their perception, create many possibilities in life, and create many experiences so the person it is given to may grow and develop! What AI will do is augment content-based education and eliminate higher order human potential of learning. Currently, the direction of AI research and development is creating art and writing on topics of interest and humans have to align with mundane menial work such as cooking and cleaning. Whereas what would be ideal is if AI did the menial work like cleaning and washing so people could have extra time to create art and express through writing. That would ensure that technology assists human growth and development, not the other way around.
Impact on learning
There can be a disastrous impact on learning if generative AI develops further! Nature works on a system of balance and trade-offs. So, if there is a shift from human perception to machine assisted perception, there is a possibility of sensory overload in humans. If you have ever seen a child draw, the child will hold the pencil in their fist and draw a set of scribbles and call it an elephant! What it means is that as the child’s perception is honed, the child sees an image as many pieces in layers. Already, with the advent of gadgets, children are exposed to many moving images simultaneously, this is altering how they see things! To begin with, the developing perception of the child sees the world in layers and these are moving constantly, causing an overload on the child’s brain development and perception. Many children are falling into the autism spectrum as a result of excessive use of gadgets. Autism and children on the spectrum have been at the forefront of the bane of gadgets; one can only imagine what kind of storm AI is bringing with it!
Conclusion
To sum up the suppositions discussed in this article, it will not be unwise to state that there will be a shift from cognition to kinesthetics, meaning if humans will not be doing cognitive work, then they might overcompensate with physical work. There is nothing wrong with shifting back to physical work but humans have already built machines to replace physical work and skilled labour in factories and industries. Humans have generative AI, making art and creative pursuits a technological feat rather than an expression of human ingenuity. The day is not far when bots will tell humans what they should do and should not do! Perhaps humans do not need a comet to arrive to exterminate them like the dinosaurs; they have already begun the journey towards that outcome with advancements in technology that may not be conducive to the progress of humanity as a whole!
On the other hand, there might be pockets of emergently redesigned learning, meaning newer avenues for work in creative fields may arise that could use the machine like a servant instead of becoming its servant. There can be immense scope for experiential learning. As humans situate themselves in kinesthetic possibilities, they might be able to engage in pursuits that stretch the possibility of learning through their body.
“We’re still learning how AI technologies will integrate into the education sector as they develop, and we don’t yet have a full picture of how AI will affect critical issues of ethics, equity and data safety.” – Iilana Hamilton, Forbes
As the author of this article, it was imperative to reflect upon what and how it should be concluded. As of now, it can be proposed that AI, whether big data or generative AI, has phenomenal implications for business, health and the consumer market, not so much in education. However, AI is in nascent stages and can be directed to develop in areas that augment human potential and not diminish it; there might be areas of education that need inputs from large scale data mining. Education, which determines the direction of human life, should be under human control and based on empathy, creativity, lifelong learning and the enrichment of experience using human faculties of mind, body, emotion and energy, not artificial intelligence.
A licencing contract, also known as a licence agreement or licencing agreement, is a legal written contract where one party (the licensor) grants the other party (the licensee) the permission or right to use the brand name, trademark, patented technology, or ability to produce and sell the goods owned by the licensor. Most of the intellectual property is owned by the licensor without giving ownership rights to the licensee. In consideration of using the intellectual property, the licensee gives some kind of payment or fee known as a royalty fee.
A licencing agreement is advantageous for both the licensor and the licensee. The licensor gets to commercialise its intellectual property without having to invest in production and distribution costs. Licensees get to save time and money on research and development in order to come up with a new product. Licensees also get to enter the market more quickly and generate revenue by selling the intellectual property of the licensee. A licencing agreement is also important in a way, as without it, the licensor can sue unauthorised users for using the intellectual property of the licensor.
The licencing agreement also sets out the rights and limitations of the licence granted to the licensee. The licensee gets the sole right to produce, sell and distribute the product in a territory without the interference of any third party. Also, the licensee cannot extend its rights to any third party.
Key components of licencing contracts
Parties to the contract
The licensor and licensee are parties to the licencing agreement. The licensor is the owner of the intellectual property and the licensee is the party who has been granted a licence by the licensor to produce, sell and distribute his intellectual property. This clause is added to the licencing agreement to avoid any confusion or conflict that might arise in the future relating to the identities of the parties.
Licenced property
Licenced property is the intellectual property for which a licence has been given. The licenced property should be clearly defined without any ambiguity. This helps to protect and prevent disputes that might arise over the licensor’s IP. Limitations and restrictions may also be mentioned in this section; otherwise, there can be a separate clause for them.
Grant of rights
The grant of rights outlines the licensee’s rights and responsibilities. It is a critical element as it specifies the rights and permissions that the licensor is granting to the licensee to use the licenced IP. It should clearly outline the type and scope of the licence, geographic area, specific uses, and duration of the licence.
Territory and duration
It specifies in which territory the licenced property will be used and the purpose for which the licence has been granted will be limited to that territory. The duration specifies the period for which the licensed property will be used by the licensee.
Payments and royalties
Payments and royalties are given by the licensee to the licensor for using the intellectual property. Generally, parties use a royalty fee structure in which the licensee gives the licensor a percentage of net sales earned by selling the licenced property. In some cases, upfront payments may be beneficial for licensors who need additional capital immediately. Parties must also make clear payment terms regarding the timing, frequency and mode of payment.
Exclusive rights
This clause determines the level of control the licensor has over the intellectual property and the level of competition that the licensee will face in the marketplace.
Types of licencing contracts
Exclusive licencing
In exclusive licencing contracts, the licensee gets exclusive rights to manufacture, sell or distribute the licensor’s property for a particular period in the agreed territory. The licensor cannot grant the same rights to any other company or individual that he has given to a licensee. Even the licensor cannot exercise any rights without reserving them first in the contract. Though the licensor can enter into an agreement with another licensee having different rights from others.
Non-exclusive licencing
In this agreement, the licensee possesses no exclusive rights, and the licensor can grant the same rights to more than one licensee. This means that the licensee’s competitors may have the same rights, which can demotivate the licensee to invest in developing the market for the licenced product.
Sole licencing
Sole licencing is similar to exclusive licencing agreements, except that the licensor can also enjoy the rights that the licensor has granted to the licensee. This also means that the licensor can grant the licence to a third person without having to waive its right to use its intellectual property.
Sub licencing
Usually, in licence agreements, the licensor has the sole right to grant a licence to his intellectual property, but in sublicense agreements, the licensor grants the right to licence his intellectual property to a third party. For instance, if a licensor does not want to negotiate the terms and conditions every time he enters into an agreement, he passes this right to the other party, who can enter into an agreement on his behalf with the third party.
Licencing contracts in different industries
Entertainment industry
Licencing agreements in the entertainment industry are often used for music, films, television shows, merchandise, video games and other forms of creative content. Contracts are important in the entertainment industry as they help protect intellectual property, which is a significant aspect of the industry. It provides a framework for resolving the disputes that are frequent in this industry.
The parties to this agreement could include artists, producers, distributors, talent agencies and many others. The contract governs the relationship between these parties and protects their interests.
Technology industry
Licencing the technology is important in today’s time as it fosters growth and innovation across sectors such as automotive, aerospace and consumer electronics. The licencing agreement is also beneficial as it paves the way for long term partnerships, speeds up new ideas, helps companies enter new markets and helps the licensor monetize their intellectual property. But the licencing agreement should be framed carefully, as the company’s future development is dependent on it.
Pharmaceutical industry
Licencing agreements in the pharmaceutical industry are crucial for companies as they allow them access to new products, technologies, intellectual properties and an advantage to further collaborate with other companies in the industry. Licencing agreements in the pharmaceutical industry are of two types, in-licensing and out-licensing. In in-licensing the licensee acquires the right from the licensor, whereas in out-licensing the licensee is granted the right by the licensor to a product, technology or intellectual property.
Manufacturing industry
After an inventor has patented his product, he can either manufacture it himself if he has the means and resources to do so, or if he does not, he can grant the licence to another party by entering into a manufacturing licencing agreement. It is an agreement between an inventor and a manufacturer. The manufacturer is allowed to produce the patented product for payment in royalties to the inventor.
Case studies
Walt Disney and Mattel
Mattel is a global toy company, engaging customers across the world through its iconic brands, including Barbie, Hot Wheels, Thomas & Friends, UNO and other intellectual property that they own or licence in partnership with global entertainment companies. Walt Disney has gained recognition for its animated films and has a reputation for creating life-like memorable animated characters in films.
In 2022, Mattel won the licencing deal to manufacture toys based on Walt Disney’s lineup, including the popular Frozen franchise. It marks a huge triumph for Mattel after it lost to its rival Hasbro in 2016. In addition to this, both parties (Walt Disney and Mattel) struck a new licencing deal for Pixar Animation Studios’ Toy Story and Cars franchises as well as announced a global licencing deal for Lightyear.
Starbucks and PepsiCo.
Starbucks wanted to make a bottled version of Frappuccino available in homes and offices. But Starbucks didn’t have the capability to develop and mass-produce bottled or canned dairy-based coffee drinks or to distribute them through the supermarket retail channel. So, Starbucks signed a licencing agreement with PepsiCo, as PepsiCo had solid experience in product development and an extensive sales and distribution network in the retail segment. This deal also helped PepsiCo’s market expansion by bringing non carbonated soft drinks in its distribution channels.
Apple and Intel
In the tech industry, the licencing agreement between Apple and Intel is well known. Apple wanted to transition its MAC computer from PowerPC processors to Intel processors. This agreement allowed Apple access to Intel’s advanced technology and manufacturing capabilities, resulting in faster and more powerful MAC computers. Both parties benefited from this agreement, as Apple gained access to Intel’s advanced technology and Intel received a significant boost in revenue from Apple’s large customer base.
Glenmark Pharmaceuticals
Glenmark Pharmaceuticals has a proven track record of entering into licencing deals with many big pharmaceutical companies. It has entered into an Out Licensing deal with Forest Laboratories and Teijin Pharma Ltd. in Japan and has received $35 million and $6 million, respectively. In licencing agreements, it has a collaborative agreement with Napo Pharmaceuticals for Napo’s proprietary molecule, Crofelemer, which is for four distinct disease categories. It has entered into many other licencing agreements, suffering setbacks in 2 out of three key licencing agreements. But still, Glemark’s spirits remained high and it wished to ride the success of such deals to project itself as an innovation driven global pharmaceutical player.
Advantages of licencing contracts
Licencing contracts offer numerous advantages for both the licensor and the licensee. Here are several key benefits of licencing contracts:
Revenue generation:
Licensors can generate revenue by granting the use of their intellectual property to other entities.
Licensees gain access to valuable assets without having to invest in developing them.
Market expansion:
Licensors can expand their reach into new markets through licensees who have established distribution networks.
Licensees can quickly enter new markets with a proven product or service.
Reduced development costs:
Licensees can save significant costs by leveraging the licensor’s existing research and development efforts.
Licensors can recoup their development costs by granting licences to multiple parties.
Risk sharing:
By sharing the risks of product failure or market uncertainty, both parties can mitigate their exposure.
Licensors can diversify their revenue streams, and licensees can benefit from the licensor’s expertise.
Access to expertise:
Licensees gain access to the licensor’s technical knowledge, patents, trademarks, or other intellectual property.
Licensors can leverage their expertise to create multiple licencing partnerships.
Technological advancement:
Licencing can promote innovation and technological advancements as licensees can adapt the licenced technology to their specific needs.
Cross-licensing agreements can lead to the sharing of complementary technologies.
Brand building:
Licensees can benefit from the licensor’s established brand reputation and recognition.
Licensors can extend their brand reach and increase brand awareness through licencing partnerships.
Flexibility and adaptability:
Licencing contracts can be structured to meet the specific needs and requirements of both parties.
Licence terms can be adjusted to accommodate changing market conditions or technological advancements.
Global reach:
Licencing agreements can facilitate global expansion by allowing companies to access international markets with minimal investment.
Licensees can gain a competitive advantage by leveraging the licensor’s global presence.
Quality control:
Licensors can maintain control over the quality and standards of their products or services by setting licencing requirements.
Licensees can benefit from the licensor’s established quality assurance processes.
Disadvantages
Licencing agreements, while beneficial in several ways, also come with certain disadvantages. Some key drawbacks include:
1. Limited control:
The licensor has limited control over how the licensee uses the licenced property.
The licensor may not be able to influence the quality of products or services provided by the licensee, which can affect the reputation of the brand.
2. Potential for misuse:
The licensee may use the licenced property in a way that is not intended or violates the terms of the agreement.
This could lead to legal disputes and damage to the licensor’s reputation.
3. Dependence on the licensee:
The licensor’s success is tied to the licensee’s performance.
If the licensee fails or goes bankrupt, the licensor may lose revenue and face financial difficulties.
4. Limited profit potential:
The licensor typically receives a royalty fee or a fixed amount for the use of the licenced property.
This may limit the licensor’s profit potential compared to directly selling the product or service themselves.
5. Risk of unauthorised use:
The licensee may exceed the scope of the licence or engage in unauthorised use of the licenced property.
This can lead to legal action, financial losses, and reputational damage.
6. Complex negotiations:
Negotiating a licencing agreement can be complex and time-consuming.
It requires careful consideration of various factors, such as royalty rates, territory rights, and duration of the agreement.
7. Potential for disputes:
Disagreements or conflicts may arise between the licensor and licensee regarding interpretation of the agreement, payment terms, or other issues.
Resolving disputes can be difficult and costly.
8. Limited flexibility:
Licencing agreements often involve long-term commitments.
Changes to the agreement or termination may be difficult or subject to penalties.
9. Potential for obsolescence:
The licenced property may become obsolete or outdated over time, reducing its value to the licensee.
The licensor may need to continuously update or innovate to maintain the relevance of the licenced property.
10. Lack of direct customer interaction:
The licensor typically does not have direct contact with the end customers of the licenced product or service.
This can make it difficult to gather feedback, build brand loyalty, and maintain customer relationships.
How to review Intellectual Property (IP) licencing agreements
Reviewing an intellectual property (IP) licencing agreement is a crucial step to protect the rights and interests of both parties involved. Here are some key considerations and steps to effectively review an IP licencing agreement:
Understand the agreement type:
Identify the type of IP licence being granted (exclusive, non-exclusive, or sole).
Determine whether the agreement is a one-time transaction or an ongoing relationship.
Review the grant of rights:
Carefully examine the scope of the IP rights being granted, including the specific patents, trademarks, copyrights, or other IP assets covered.
Ensure that the rights granted align with the intended use and business objectives.
Consider the term and territory:
Pay attention to the duration of the licence agreement and the geographical territories where the IP can be used.
Determine if there are any restrictions or limitations on the use of the IP.
Evaluate the compensation structure:
Review the agreed-upon compensation structure, whether it’s a fixed fee, royalties, or a combination of both.
Analyse the terms of royalty payments, including the calculation method and reporting requirements.
Assess the warranties and representations:
Examine the warranties and representations made by both parties regarding the ownership, validity, and non-infringement of the IP.
Ensure that these warranties are comprehensive and provide adequate protection.
Review confidentiality and non-disclosure provisions:
Evaluate the confidentiality and non-disclosure obligations imposed on both parties.
Determine the scope of confidential information and the measures in place to protect it.
Consider termination and dispute resolution:
Review the termination provisions, including the grounds for termination, notice requirements, and the consequences of termination.
Examine the dispute resolution mechanisms specified in the agreement, such as arbitration or mediation, and their implications.
Seek legal advice:
It is highly advisable to seek the assistance of an experienced intellectual property attorney or legal counsel.
An attorney can provide guidance on complex legal issues and ensure that the agreement aligns with your legal rights and obligations.
Negotiate and amend:
Negotiate the terms of the agreement to ensure that they are fair and balanced for both parties.
Consider amendments or modifications to specific clauses to better reflect your objectives.
Execute the agreement:
Once the terms are agreed upon and finalised, execute the IP licencing agreement in accordance with the legal requirements of the relevant jurisdiction.
By thoroughly reviewing and understanding the terms of an IP licencing agreement, parties can safeguard their rights, prevent disputes, and establish a strong foundation for a successful IP licencing relationship.
Future trends in licencing contracts
The advent of technology has driven industries to keep up with current market trends. With this dynamic landscape, licencing is also becoming a widely used tool by businesses in order to protect and monetize their intellectual property. The emergence of digital platforms has paved for digital licencing, which includes software licencing and online services. But these platforms pose a threat to intellectual property by getting pirated. To safeguard intellectual property, businesses can use blockchain technology, AI and automation in their licencing processes. These technologies will not only protect the intellectual property but they will also ensure that the licencing agreements are stored, verified in a tamper proof manner.
Conclusion
In conclusion, we can say that it does not matter which industry a person is working in, there is some form of intellectual property involved. To safeguard the intellectual property, it is important that a well drafted licencing agreement be in place. Licensing agreement provides a sense of security for the licensor against unauthorised users. By way of licencing agreement, parties are provided with a legal recourse for those whose IP rights have been violated and whose works are not infringed.
LinkedIn is a social networking website for people in professional jobs and businesses. Unlike other social networking sites like Facebook and Instagram, LinkedIn is purely business-oriented. Users join LinkedIn to network, learn, and find business opportunities. It provides you with a platform to showcase your skills, accomplishments, work history, and professional interests. This ultimately helps in brand building and making a positive impression in society. So, it is crucial to promote your business on this platform. LinkedIn can help you grow your business and build a solid network of professional followers for your business. It will help you with developing brand awareness, increasing website traffic, generating high-quality leads, opening new marketing opportunities, and more. However, if you’re less familiar with LinkedIn, you might miss these opportunities to grow your business. Being active on LinkedIn helps you directly engage with decision-makers and influencers in your industry.
14 effective strategies to grow your business using LinkedIn
Create a professional business page: Consider that your business page on LinkedIn is like the front of your store. It should look nice so that people say good things about it. So, the first thing to do is to set up a high-quality profile picture and cover photo that will reflect your brand identity. It’s essential to make a strong first impression by ensuring that your page is complete, up-to-date, and visually appealing. When writing your company description, make use of relevant keywords that people use while searching for businesses like yours. If you have a website, you can use your company logo as your profile picture. The look of your website and LinkedIn company page should match for a consistent brand image. While constructing your business page, consider the impression you want to make on your potential clients and employees; this will assist you in choosing the appropriate messages and images for your page. You can also use LinkedIn analytics to get an idea of who visits your page, and this can assist you in better targeting your content.
Keep your audience engaged with valuable content: To keep your LinkedIn audience engaged, it’s important to share valuable content that adds value to their learning. However, make sure that you don’t hurt anyone’s sentiments. Keep your followers engaged with compelling content by posting regular updates on your business. You can write articles, and share photos, videos, or recent news about your business to keep your followers engaged. You can also plot a story about your learnings and experiences in business to engage the audience. People like to know what is going on behind the scenes, so sharing your valuable insights can be helpful It is important to make a consistent presence on the platform by posting about your good customer experiences and success stories. It is important that you communicate consistently with your leads by responding promptly to comments and messages. You can also encourage interaction by posting poll questions that allow people to share their opinions. This can help build trust in your business. Lastly, Frequently posting about helpful tips that are useful for your audience can help you maintain a strong presence on the platform. Consistency is key, so make sure to create a content schedule and stick to it.
Showcase your team: People like to do business with people, not just companies. Showcase the human side of your business by asking your employees to update their LinkedIn profiles and encouraging them to link their profiles with the company page. So when clients visit your page, they’ll see the faces behind the brand, which will build trust and credibility for your brand. Moreover, when you post business updates, it gets seen by their connections as well. This will help create a good personal brand for your company.
Make More Connections: LinkedIn has lots of people you can connect with. Always be proactive in expanding your network by sending personalised connection requests to the people in your niche. Find the people who might want to buy from you or work with you. Building these relationships helps unlock new business opportunities. LinkedIn is a networking site, so making new contacts in industry will broaden your network and ultimately provide good business opportunities.
Active participation in groups: LinkedIn groups provide a forum for professionals to share knowledge, ask questions, and network with like-minded individuals. So, it is crucial to join groups relevant to your industry or target audience and actively participate in discussions. You should share valuable input, respond to queries, and establish yourself as a knowledgeable figure in your industry. Groups are also a great place to identify potential clients or collaborators and build relationships outside your immediate network.
Make use of LinkedIn Ads: Sometimes just relying on your posts won’t be enough to achieve your business results. You need to perform more to get the desired outcome. LinkedIn has different types of advertisements, like display ads, direct messages (called InMail), and sponsored posts. These ads will help you target specific demographics, interests, and job titles. You can try out different ad formats to see which works best for the people you are trying to reach. LinkedIn also gives you statistics on your ad performance so that you can refine the advertisement strategy and improve it next time.
Drive Sales and lead generation with LinkedIn: LinkedIn is a valuable platform for generating leads and driving sales for your business. Build and nurture relationships with your network by regularly sharing valuable content and engaging with their posts. You can also use a LinkedIn sales navigator to build a high-quality lead list and find decision-makers in your target companies. Personalise your outreach messages to demonstrate your understanding of their needs and offer solutions that add value. Follow up with leads consistently and provide relevant content to move them through the sales funnel.
Make use of LinkedIn Publishing to publish your article. Write an article regarding a trending topic in your business and share your article with your connections through the LinkedIn publishing tool. You can publish articles on topics relevant to your audience, offering insights, tips, and best practices. When people like or comment on your article, more people see it, which makes you look even more credible. So benefit from LinkedIn’s publishing platform to showcase your expertise, share success stories, and address common pain points faced by your audience.
LinkedIn for market research. You can use LinkedIn to learn about popular trends in your industry. LinkedIn is a valuable resource for conducting market research and knowing about consumer preferences. You can ask your followers about the new product or service you’re considering launching through polls. You can record their feedback to improve your products. You can also check out what people are talking about in groups related to your industry to see what is trending in the market right now and analyse market demands. Use LinkedIn’s search and advanced filtering options to find professionals in your target market and engage them in conversations to gain valuable insights.
Utilise LinkedIn Events: You can use LinkedIn’s Events feature to conduct events for your audience; either live or in-person events can be hosted as per the requirements. These events, like webinars, workshops, or networking meetups, give an opportunity to showcase your expertise, meet new customers, and build relationships. You can promote your events through your network and relevant groups so more people can join in and participate in the events. Make sure you follow up with attendees after the event to continue the conversation and capitalise on the momentum generated.
Collaboration with Influencers: Collaborating with influencers can be a great way to expand your brand’s reach and credibility. These influencers are individuals who have a large following and are considered trustworthy in your industry. By teaming up with them, you gain access to their audience, which can help you reach new potential customers and build trust with existing ones. These collaborations can be done in several ways, like:
Guest Blogging: You can share your expertise with their audience by writing a guest post for their blog or website.
Co-hosting webinars: It is a great interactive way to engage with potential customers. By co-hosting a webinar together, you can combine both your knowledge and expertise and give valuable content to your audience.
Join a content campaign: You can pool your resources together and create engaging content that resonates with both of your followers. You can create content like videos, podcasts, and other social media content that is highly effective in reaching a broader audience.
Product Collaboration: If relevant, you could collaborate on developing a product or service together. This not only leverages each other’s strengths but also generates excitement and interest among your respective audiences.
Implement employee training and development initiatives: Invest your time and money in training your employees on LinkedIn best practices, personal branding, and networking skills. Equip them with the knowledge and tools to represent your brand on the platform effectively. Teach them how to engage with prospects and nurture relationships. Encourage employees to participate in LinkedIn Learning courses, attend industry webinars, and stay updated on platform updates and trends. By empowering your team to leverage LinkedIn effectively, you not only enhance your brand’s presence but also cultivate a culture of continuous learning and professional development.
Offer Exclusive Content or Resources: Offer your LinkedIn followers things that they can’t get anywhere else, such as reports about our industry or special webinars. Providing this exclusive content or resource to your LinkedIn followers is a great way to gain engagement and loyalty. Promote these offerings through your LinkedIn page and posts, encouraging followers to engage with your content and share it within their networks. By offering valuable insights and resources, you can position your brand as a trusted authority in your field and attract a dedicated following.
Measure and analyse results: Once you have tried out these strategies, it is important to check if they are working well. LinkedIn has analysis tools that can help you check how many people are interacting with your posts and if they’re doing what you want them to do. Monitor things like how many people view your posts, like them, comment on them, and click on any links you’ve shared. If you find something isn’t working as well as you hoped, don’t worry. You can always try something different until you find what works best for you.
Practical uses of LinkedIn for businesses
Here are examples of five businesses that used LinkedIn to grow:
Google: They highlight their employees on LinkedIn, sharing their personal and professional stories to humanise their brand and attract millions of followers.
Amazon: They use custom images on their LinkedIn page to highlight their key points, setting a good example for visual content marketing.
Coca-Cola: They share stories from their digital magazine, Coca-Cola Journey, on LinkedIn. With over 2,000 stories and a big social media following, they engage and connect with their audience.
American Express: They targeted small and medium-sized businesses on LinkedIn to promote funding solutions. This shows how focused advertising can reach specific audiences effectively.
Mashable: They share business news and advice in short pieces on LinkedIn. This proves that delivering valuable content in a simple format can attract and engage audiences easily.
Conclusion
LinkedIn is more than just a social network; it’s a powerful tool for growing your business. By implementing the strategies outlined above, you can establish yourself and your company as leaders in your industry. Whether you’re reaching out to potential customers, collaborating with influencers, or gathering feedback for your market research, LinkedIn provides endless opportunities to achieve your business objectives.
With dedication and a carefully planned approach, LinkedIn can become a vital asset in your business growth journey, providing meaningful connections and driving tangible results. Utilise these strategies, adapt them as per your unique needs, and watch your business grow in the dynamic landscape of LinkedIn.
This article is written by Rachel Sethia. It offers a detailed analysis of the landmark judgement delivered by a Supreme Court Bench composed of Justice M.M Punchhi and Justice Sujata vs. Manohar in the case of The Secretary, Tamil Nadu Wakf Board vs. Syed Fatima Nachi (1996). This case deals with the interpretation of Section 4 of the Muslim Women (Protection of Rights on Divorce) Act, 1986. This article provides critical analysis, facts, issues, legal aspects involved and the final judgement, along with landmark precedents referred to by the Apex Court to decide the matter.
Table of Contents
Introduction
Often, Muslim women face challenges due to gender inequality, restrictive legal systems and cultural and religious practices. One major struggle faced by a Muslim woman is with respect to receiving a fair divorce settlement and maintenance. The concept of maintenance was introduced in Muslim law for the people who cannot maintain themselves. This principle ensures the fulfilment of the basic requirements of a human being, such as food, shelter, clothing and education.
Maintenance for women under Muslim Law
Under Muslim law, the right to receive maintenance is absolute while the husband and wife are married, but the concern is regarding what happens if the marriage is dissolved. In such a situation, the rights of a divorced Muslim woman to receive maintenance are very limited. As per Muslim law, all women (either dependent or not) are entitled to maintenance. It is different from most other religious laws, wherein only dependent women qualify for maintenance. Muslim women are entitled to maintenance after divorce, only till the iddat period. This creates hardship for the divorced woman in leading her life. It is advantageous and easy for a Muslim man to divorce his wife, as he has to pay her maintenance only for a certain period. To overcome this plight of Muslim women, the Muslim Women (Protection of Rights on Divorce) Act, 1986 (hereinafter referred to as the Act) was incorporated. Incorporation of the said Act led to the disposal of all the pending cases of maintenance under Section 125 of the Criminal Procedure Code, 1973 (hereinafter referred to as the CrPC).
Origin of the Muslim Women (Protection of Rights on Divorce) Act, 1986
The Muslim Women (Protection of Rights on Divorce) Act, 1986, was enacted to undo the effect of a Constitution Bench decision of the Court in the case of Mohd. Ahmad Khan vs. Shah Bano Begum (1985). This case dealt with the right to maintenance after divorce.
The respondent, in this case, was married to the appellant. One day, the appellant ended the wedlock with an irrevocable talaq. The respondent and her children were outcasts. It made her file for maintenance under Section 125 of the CrPC. The respondent was awarded a maintenance of Rs. 25 from the court, which further made her file a review petition for an increased amount of maintenance. Aggrieved by the review petition, the appellant filed this case in the Supreme Court, seeking dismissal of the review petition. While deciding the case in favour of the respondent, the Apex Court held that Section 125 of the CrPC is applicable to all women regardless of the religion they practise, and every spouse, irrespective of their religion, is liable to pay maintenance to his wife until she remarries.
This judgement faced a lot of criticism from the Muslim community and the All India Muslim Personal Law Board on the ground that the courts cannot interfere with their personal law and that this step by the court violates the Sharia Law. The protest and criticism against this judgement further prompted the enactment of the Act, which is central to the present case. It includes a clarification on the maintenance of Muslim women after divorce.
What is the State Wakf Board?
The State Wakf Board is a statutory body established by the Government under Section 9 of the Wakf Act, 1995. The primary duty of this Board is to oversee and maintain the properties donated by Muslims for the betterment of their community. These properties are meant to support necessities like education, healthcare and other community-related services for the people of the community. It is the duty of the Board to make sure that these properties are used correctly, resolve any disputes relating to the property and ensure that the Islamic rules are being followed. The income generated by the Board is used for the benefit of the Muslim community.
Details of the case
Case Name: The Secretary, Tamil Nadu Wakf Board vs. Syed Fatima Nachi
Appellant: Tamil Nadu Wakf Board through its Secretary
Respondent: Syed Fatima Nachi
Court: Supreme Court
Bench of Judges: Justice M.M Punchhi and Justice S.V. Manohar
Type of Case: Criminal Appeal
Statute involved: The Muslim Women (Protection of Rights on Divorce) Act, 1986
Date of Judgment: 9th July, 1996
Citation: AIR 1996 SC 2423
Facts of The Secretary, Tamil Nadu Wakf Board vs. Syed Fatima Nachi (1996)
The facts of this case pertain to an order given by the High Court of Madras dated 16th March 1994, which was challenged by the Secretary of the Tamil Nadu Wakf Board and the Superintendent of Wakfs in Tirunelveli. The order rejected the appellant’s request to quash legal proceedings initiated by Syed Fatima Nachi, who was seeking maintenance from the Board.
Syed Fatima Nachi, a Muslim divorced woman, had filed a petition under Section 4(2) of the Muslim Women (Protection of Rights on Divorce) Act, 1986. She sought a monthly maintenance of Rs. 750, asserting that she had no means to support herself and her minor children after her divorce. Fatima married Syed Ahmed Moulana on 10th June 1980 and gave birth to twin daughters on 6th April 1981. Her husband divorced her on 12th June 1986, and since then, she has remained unmarried.
Fatima claimed that without any income or property, she was unable to maintain herself and her children, necessitating the court’s intervention for financial support. She argued in front of the High Court that under Muslim law, her prospective heirs were responsible for her maintenance. However, she contended that neither her heirs nor her parents could provide her support, and according to Muslim law, the Wakf Board was obliged to provide maintenance to divorced women.
The appellant, in the present case, did not challenge the petition before the Madras High Court on the basis of its merits but sought the proceedings to be quashed through the Madras High Court utilising its power under the Crpc. The High Court declined this request, which prompted the present appeal before the Supreme Court.
Issues raised
Whether the Tamil Nadu Wakf Board was responsible for paying maintenance to Syed Fatima as per the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986?
Judgement of the case
Section 4 of the Muslim Women (Protection of Rights and Divorce) Act, 1986: order for payment of maintenance
While addressing the issue at hand, the Apex Court felt the need to give a detailed interpretation of Section 4 of the Act.
Section 4(1) states that if a Magistrate determines that a divorced woman who has not remarried cannot support herself after the iddat period, the Magistrate can order the relatives of the divorced woman who will inherit her properties according to the Muslim law finally to maintain and support her. While deciding the amount of maintenance, the court shall take into consideration factors such as the needs of the woman, the standard of living she had while she was married, and the financial condition of the relative who is going to maintain her. The maintenance will be paid by the relative in proportion to their inheritance shares and at such intervals as specified by the court. Further, this sub-section states the hierarchy that is required to be followed by the Magistrate in passing orders for maintaining the lifestyle of a divorced woman. The Magistrate shall first pass orders for her children to maintain her. If they are not able to maintain her, the Magistrate shall pass orders for her parents to do so. If both or any of the parents cannot pay their share either due to lack of means or any other reason, the Magistrate, on receiving the proof for the same, shall pass appropriate orders for her relatives who have the means to pay the maintenance in proportion as deemed fit.
Additionally, sub-section (2) states that if a divorced Muslim woman has no means and cannot support herself and has no relatives, parents or children to do so, as mentioned in sub-section (1), the Magistrate can direct the State Wakf Board to pay the maintenance. The State Wakf Board was established under Section 9 of the Wakf Act and in consonance with the other relevant laws functioning in the concerned area in which the women reside. The Board must provide the maintenance that is determined by the Magistrate, or it may be directed to cover the shares of the relatives who are unable to pay as specified in the order.
Court’s observation on the appellant’s contention
The appellant contended that sub-section (2) of Section 4, which incurs the liability on the State Wakf Board, cannot be invoked unless sub-section (1) of Section 4 is not completely addressed through proper orders. They contended that they cannot be made a party to the present case as sub-section (1) is not resolved by the Magistrate. These arguments of the appellant were rejected by the Apex Court.
The Court, while answering these contentions, observed that the appellants implied that the provision of Section 4 concedes multiplicity of proceedings, which is to say the following:
At the first instance, the proceedings shall be initiated against the children of the divorced woman. If the children are unable to maintain/support their mother, the proceedings shall be initiated against the parents of the divorced woman. If both or either of the parents does not have the means to maintain their daughter, upon receiving proof of the same, the Magistrate shall initiate proceedings against the relatives of the woman. Lastly, if the relatives are not able to maintain her, then the proceedings shall be initiated against the State Wakf Board, as per the orders of the Magistrate. Hence, in the present case, according to the provision of law, the State Wakf Board is the last in the line. This is the hierarchy which needs to be followed. Its involvement has not yet come into play because no proceedings have been initiated against the relatives.
The Court, after interpreting the arguments and reasoning of the appellant, was of the opinion that the approach adopted by the appellant undermined the essence and purpose of the provision in question. It was not the intention of the drafters while dividing Section 4 into sub-sections (1) and (2), to create a split between the two, but rather to form an integrated whole, with each step depending on the other. The Court further stated that it is impractical for a divorced woman who is already facing difficulties to initiate individual proceedings against all the parties mentioned under the concerned provision just to get a negative order from the Magistrate before finally being able to get help from the State Wakf Board. Divorced women should be allowed to present all the relevant facts in a single proceeding, showing that her children, parents and relatives cannot maintain her, and directly move against the State Wakf Board in the same proceeding. The Board can challenge the proceedings and prove that some of her relatives do possess the means to support her. In such a scenario, the Magistrate can make those relatives parties to the proceeding and determine who should pay the maintenance. By following this, multiple orders can be passed by the Magistrate in a single proceeding, and a multiplicity of proceedings can be avoided when supporting the divorced woman as long as she remains unmarried and unable to support herself and her children.
Final verdict
The Apex Court upheld the decision of the High Court to not intervene early on in the case upon the appellant’s request. The appellant can present their case before the Magistrate, based on its merits, in accordance with Section 4 of the Act, rather than seeking early court intervention.
The Court also observed that the respondent received a notice after the appellant agreed to deposit Rs. 10,000 to cover the respondent’s legal expenses, regardless of the outcome of the case. Out of this amount, Rs. 3000 was paid to the amicus curiae, who was appointed since the respondent could not afford counsel to represent her in the case. The remaining Rs. 7000 was given to the respondent. The Court stated that this amount should not be taken into consideration if the respondent makes any future claims for maintenance.
Critical analysis of The Secretary, Tamil Nadu Wakf Board vs. Syed Fatima Nachi (1996)
The judgement sheds light on the critical role of the Wakf Board in ensuring financial support to Muslim divorced women who lack the means to support themselves and their children. This highlights a broader social responsibility with which the Board has been entrusted. Section 4(2) of the Act highlights that the Wakf Board is liable to pay the maintenance, in case the children, parents and relatives of the divorced women are not able to maintain her. The Court, through its judgement, has set an observation that the duty of the Board is not secondary but a crucial one in a divorced woman’s life. The case of Mohd. Ahmed Khan vs. Shah Bano Begum(1985) was not welcomed by the Muslim Community, and the Government was made to make a statute for Muslim divorced women’s protection according to Islamic beliefs, which led to the formation of the Wakf Board. However, it turned out that the Board itself was running away from the duties vested in them by the said Act. The Apex Court, through its judgement in the present case, has upheld the objective behind the introduction of the said Act.
The constitutional validity of the Act was upheld in the case of Danial Latifi and Anr. vs. Union of India (2002) decided by the Apex Court. The Apex Court held that according to Section 3(1)(a) of the Act, a Muslim husband has the responsibility of making provisions for the future of his divorced wife even beyond the iddat period. A Muslim woman who does not remarry and cannot maintain herself can seek maintenance from her children, parents and relatives and in case these entities are not able to provide for her, she can seek maintenance under Section 4 of the said Act from the Wakf Board of the State she is residing in. The Court further held that this Act does not infringe the fundamental rights laid down in the Indian Constitution.
Impact of the case
While referring to the present case, the Calcutta High Court, in the matter of Manchura Bibi vs. Abdul Mojib Mondal and Ors. (2007) and the High Court of Bombay, in the matter of Babbu vs. Sayeda Masarat Begum and Ors. (2000) observed that the Act was enacted to undo the effect of the decision made in the Shah Bano case because the said decision was highly criticised by the Muslim community. The Act, as the preamble suggests, came into force to protect the interests and rights of Muslim women who have been divorced.
In another case of Tripura Board of Wakf and Ors. vs. Tahera Khaton (2001), the High Court of Gauhati referred to the present case and held that it has already been held in the case of Syed Fatima that the proceedings under sub-section (1) and (2) of Section 4 of the Act, are not mutually exclusive, but are to be taken up simultaneously by the Magistrate.
Further, in the case of Abdul Latif Mondal vs. Anuwara Khatun and Ors. (2001), the High Court of Calcutta referred to the present case and held that a divorced Muslim woman seeking maintenance shall refer to the said Act. Provisions like Section 3, Section 4 and Section 5 of the Act provide provisions for divorced Muslim women, and their claims shall be governed by this and not by Section 125 of the CrPC.
Comparison between maintenance under Hindu and Muslim Laws
A Hindu wife is entitled to receive maintenance from her husband until she dies, as per Section 18(1) of the Hindu Adoption and Maintenance Act, 1956. Another provision present for maintenance, as mentioned above, is Section 125 of the CrPC, which states that if a person with enough money refuses to support his wife, minor child, disabled adult child or parents, a Magistrate can order him to pay monthly maintenance. In addition to this, if a Hindu woman refuses to live with her husband due to cruelty, leprosy or conversion to another religion without consent, she can seek special allowance under the law.
On the other hand, under Muslim laws, women are entitled to receive maintenance until the iddat period only, and with the enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986 a Muslim woman cannot claim maintenance under Section 125 of the CrPC until she chooses to opt for it.
Conclusion
Courts have consistently interpreted the law to protect and safeguard women’s rights while respecting personal laws. They have maintained a careful approach to avoid overstepping the authority of the legislature. The courts are influenced by the demands of time, as well as political and social pressure. This inconsistent approach has sometimes led to confusion regarding women’s rights, but the present case has served as a major precedent for the interpretation of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
This decision of the Apex Court clarifies that no Muslim woman shall be burdened with initiating multiple legal proceedings against her family while seeking maintenance after divorce from her husband. Instead, a divorced Muslim woman can initiate proceedings against the State Wakf Board, wherein she can show that her immediate relatives are not able to maintain her. All of this can be done in a single proceeding. For a woman who is not able to maintain herself, it is unfair for her to fight so many legal battles and will also not possess the finances to do so. A single proceeding is more effective, speedy and cost-effective, and will enable a compassionate resolution of the issue and will definitely serve the main object/purpose behind the said Act.
Maintenance to be provided by the husband after divorce is a set principle in the CrPC, but the Act in question has provisions for the maintenance of Muslim women. Under the said Act, it is the duty of the State Wakf Board to support and maintain divorced Muslim women who have no other means to do so for themselves.
This case not only highlights the importance and responsibilities of the State Wakf Board but also sheds light on the issue of fairness and social support for women within Muslim laws. It is a landmark precedent regarding the financial support rights of Muslim divorced women.
However, as we compare this present Act with the other provisions present for women, the Muslim laws still lack gender equality. Muslim women are still at a disadvantage because they are subject to this specific Act rather than stronger secular laws that provide better protection and support. As the provisions of the present Act suggest, Muslim women are still made to fight long legal battles for their right to maintenance when they do not even possess the financial means to support themselves and their children.
Frequently Asked Questions (FAQs)
What is the iddat period?
The iddat period is the time after the divorce of a Muslim woman from her husband or the death of her husband, after which she can remarry. One iddat period includes three menstrual cycles in case of divorce, and four lunar months and ten days in case her husband dies. If the woman is pregnant, the iddat period comes to an end once she gives birth to the child. It is derived from the Islamic laws.
What is Sharia Law?
It is a law based on the Quran in the Islamic legal system. It includes the aspects of a Muslim person’s life, such as family matters, religious practices and ethical behaviour. In other words, it governs the day-to-day life of a person who practises Islam.
Why did the Wakf Board challenge the High Court’s order?
It was submitted on behalf of the Wakf Board that the Board could not be made a party in this case since Syed Fatima had not complied with all the conditions laid down in Section 4 of the said Act. This was the ground on which the order of the High Court was challenged by the Wakf Board, but later on, this contention was rejected by the Apex Court.
What was sought by the respondent in the present case?
The respondent asked for Rs. 750 as maintenance from the Wakf Board, as she had no means to maintain herself and her minor children.
Who was appointed as amicus curiae to the court in the present case?
As the respondent in this case did not have the means to engage a counsel to represent her, she requested the Court to engage a counsel that could represent her. Therefore, Mr Uday Umesh Lalit was engaged as amicus curiae in this case to assist the Court in this matter.
What was the condition behind issuing notice to the respondent in the present case?
The appellant was made to deposit Rs. 10,000 to the Court. The reason behind this was that the money would be used to benefit the respondent and cover her litigation expenses.
This article has been written by Soumyadutta Shyam. This article analyses Section 29A of the Arbitration and Conciliation Act, 1996. It also discusses the applicability of this provision, the objectives of this provision, challenges in enforcing this provision, recent case laws and critical analysis of this provision.
Table of Contents
Introduction
One of the reasons arbitration is favoured over court proceedings is that it is faster. Besides, arbitral awards made by the arbitral tribunal are also binding upon the parties, which makes them suitable for settling disputes conclusively.
In business, time is of the essence and disputes arising out of business deals need to be resolved in a timely and efficient manner, thus ensuring that arbitral awards are pronounced in a timely manner Section 29A was incorporated into the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the “Act”) in 2015. This provision was further amended in 2019. The objective of introducing this provision was to conclude the arbitral proceedings swiftly and within a reasonable timeframe.
Section 29A prescribes a time interval of 12 months after the conclusion of pleadings within which an arbitral tribunal should deliver its award. However, this period has been relaxed in matters of international commercial arbitration.
Arbitration and arbitral awards
Arbitration is an alternative dispute resolution process in which the parties present their dispute to a third-party intermediary, i.e., an arbitrator or a panel of arbitrators, who examine all the evidence and then make a decision for the parties. The decision of the arbitrators is binding on the parties. Arbitration is more flexible than judicial proceedings. The parties to the dispute can choose their own arbitrator, who can be an expert on the subject matter in dispute.
An arbitral award is a decision delivered by the arbitral tribunal on the disputes or differences referred to it for arbitration by the parties. An arbitral award stands on the same footing as a decree of the court and therefore it is binding upon the parties. In order for an arbitral award to be valid, it must be final, certain, consistent, and decide the matters submitted to it conclusively.
What does Section 29A of Arbitration and Conciliation Act, 1966 say
Section 29A of the Arbitration and Conciliation Act, 1996, sets out the time limit for an arbitral award to be made. This Section provides as under:-
The arbitral award, except in case of international commercial arbitration, should be delivered by the arbitral tribunal in an interval of 12 months from the date of conclusion of pleadings, as per sub-section (4) of Section 23. However, in the case of international commercial arbitration, the award should be delivered as quickly as practicable, and efforts shall be made to discharge the matter within 12 months after the conclusion of pleadings.
If the award is delivered in six months from the date the arbitral tribunal starts examining the matter, the arbitral tribunal will be eligible to be paid extra fees as the parties might concur.
The parties can agree to extend the term mentioned in sub-section (1) for delivering the award for a further term not surpassing six months.
If the award is not delivered within the time stipulated in sub-section (1) or the extended period specified in sub-section (3), the decision of the arbitrators shall cease until the court has, before or subsequent to the expiry of the time mentioned, extended the period.
When extending the time under this sub-section, if the court notices that the proceedings were deferred for causes accountable to the arbitral tribunal, then it can order a deduction of fees of the arbitrators, not above five percent for each month of such delay.
Further, when an application under sub-section (5) is pending, the decision of the arbitrator shall remain in force till the disposal of the said application. The arbitrator shall also be afforded a chance to be heard before the fees is deducted.
On filing an application by any of the parties to the disputes, an extension of the time mentioned in sub-section (4) may be allowed by the court. However, such extensions may be permitted only for “sufficient cause” and on certain terms and conditions set by the court.
When extending the time mentioned in sub-section (4), it may be considered by the court whether to replace one or all of the arbitrators. In case, one or all of the arbitrators are replaced, the arbitral proceedings will resume from the stage already arrived at and will be based on the evidence and material already on record. The arbitrators nominated under this Section will be assumed to have acquired the above-mentioned evidence and material.
In case, arbitrators are being nominated in accordance with this Section, the arbitral tribunal thus reorganised will be assumed to be in continuation of the formerly constituted arbitral tribunal.
The court may levy actual or exemplary costs on any of the parties in accordance with this Section.
An application submitted under Sub-Section (5) will be discharged by the court as quickly as practicable, and efforts shall be made to discharge the matter in an interval of sixty days from the date the notice is served to the opposite party.
This provision was incorporated in 2015. The purpose of this provision was to put forward a time limit for the conclusion of arbitration proceedings. It stipulated a statutory term of 12 months from the date the arbitral tribunal starts hearing the matter. After that, by the Amending Act of 2019, the stipulated timeframe was altered and the Act called for arbitration proceedings to be finished within 12 months from the date of the conclusion of pleadings.
It is important to remember that Sub-Section (5) of Section 29A of the Act stipulates that the party presenting an application as per Sub-Section (4) demonstrate “sufficient cause” for requesting an extension of the mandate of the arbitral tribunal and therefore, this Sub-Section affords protection against abuse of this provision by the parties.
Applicability of Section 29A of Arbitration and Conciliation Act, 1966
Section 29A applies to all disputes that have been submitted before an arbitral tribunal in consonance with the provisions of the Act. This provision applies to both domestic and international commercial arbitrations. It has been added so that the arbitral award is delivered by the arbitral tribunal within a reasonable time. What this provision mandates is that an arbitral tribunal is obligated to deliver an arbitral award in the interval of 12 months from the date on which the pleadings before the arbitral tribunal were concluded, conditional upon a further extension of a maximum period of 6 months by accord of the parties. On failure to deliver the arbitral award within the required period, the mandate of the arbitral tribunal would expire, and it would not be able to further progress with the issue regardless of the stage of proceedings.
Some of the cases dealing with the nature and application of Section 29A are as follows:-
In ATC Telecom Infrastructure v. Bharat Sanchar Nigam Ltd. (2023), petitions were submitted to the Delhi High Court under Section 29A (4) requesting an extension of time for completing the arbitral proceedings and delivering the arbitral award. In relation to the contract between the parties, an order was passed on 19.05.2021 and an order was passed on 27.05.2022 for adjudication of the additional disputes that arose among the parties by the arbitral tribunal. The arbitral proceedings conducted following the order on 27.05.2022 were a matter of consideration before the Court. The arbitral proceedings were at an advanced stage and the sole arbitrator acted in a timely manner. The application for an extension of proceedings was submitted with the accord of both parties. The Court found that, in regard to the circumstances, there was no restriction on granting a suitable extension of time for the conclusion of the arbitral proceedings and delivering the arbitral award.
In ONGC Petro Additions Limited v. Fernas Construction Co. Inc (2020), the Delhi High Court said the Amendment of this Section on the advice of the High-Level Committee to Review the Institutionalisation of Arbitration Mechanism in India and by implementing the advice of the Committee, the legislature restricted the application of Section 29A to domestic arbitrations only and excepted international commercial arbitrations from the scope of the statutory time period provided in the provision. The Court ruled that the provisions of Section 29A(1) applied to all undecided arbitrations seated in India as of August 30, 2019, and started after October 23, 2015. The Court further elucidated that the arbitral tribunal shall not be restricted to time limit stipulated by the order dated 25.09.2019 if the proceedings are in the nature of international commercial arbitration.
Objective of Section 29A of Arbitration and Conciliation Act, 1966
Section 29A is intended to make the parties aware of the need to conclude the arbitration proceedings within a reasonable time. It is not aimed at a party to ask for the replacement of an arbitrator just for the reason that the party has concerns about the conduct of the arbitration proceedings by the arbitrator. The sole reason for the dismissal of an arbitrator in this provision is that the arbitrator is unsuccessful in proceeding with the adjudication process expeditiously.
The purpose of this provision was to provide a “time-limit for the arbitral award” as there was growing exigency for ending the delay in proceedings, as well as to make sure that arbitration proceedings are conducted within a specified period to make sure that India becomes a hub for both domestic and international arbitrations.
However, many argue that this provision takes away party autonomy, which is central to arbitration. It is often contended that the parties should be free to ascertain the timeline of the arbitration process. Another concern is that this provision brings greater judicial intervention into the arbitration process.
Challenges of Section 29A of Arbitration and Conciliation Act, 1966
This Section also poses certain challenges when it comes to its interpretation and application:-
In complicated and technical matters, the term of conclusion of pleadings may be above six months. Section 29A lays down the starting date for the purpose of calculating twelve months, which is the date on which the pleadings have ended, as provided under subsection (1) and subsection (3). The period that has been specified under subsection (1) and (3) of this Section may be considered too short since the arbitrators may deal with matters that may take time to decide. Highly complex and technical matters may require careful consideration and evaluation by the arbitral tribunal and this may take time. Therefore, the time limit that has been stipulated under this Section may be regarded as short in such matters of a complicated nature.
Party autonomy is key to arbitration. The parties should be able to decide the time limit of the arbitration proceedings. When other things, like the composition of the arbitral tribunal, governing law, etc., are decided by the parties, the time within which the arbitral award should be delivered should also be decided by the parties.
Like other means of alternative dispute resolution, arbitration is also favoured by the parties because it lacks court intervention. But, under this provision, the court has been vested with major powers, thus making court intervention inevitable.
The issue as to which court shall have jurisdiction under the Section. This has been a major point of contention.
Judicial approach
As regards which court has jurisdiction under this Section, two cases are important:-
In K.I.P.L. Vistacore Infra Projects J.V v. Municipal Corporation of the City of Ichalkarnji (2024), a disagreement arose amongst the parties and the arbitrator, whom the High Court nominated as per Section 11 of the Act. Subsequently, an application for an extension of the mandate of an arbitral tribunal as per Section 29A of the Act was submitted to the court. An objection was raised on the validity of the petition. The Court said that in relation to Section 29A as far as domestic arbitrations are concerned, the “Court” mentioned in Section 2(1)(e) is the High Court that has the authority to extend the mandate of the arbitrator and replace the arbitrator. The word “Court” used in this provision must be construed in a contextual sense to conform with the objective of the legislature and to avoid conflict with Section 11.
In D.D.A v. Tara Chand Sumit Construction Co. (2020), the Court ruled that Section 29A empowers the “Court” to adjudicate the application for an extension to replace the arbitrator. Thus, if the appointment of the arbitral tribunal was made by the High Court, it would be the High Court that would be able to replace the arbitrator and not the District Court. As far as international commercial arbitrations are concerned, such authority is bestowed upon the Supreme Court.
Recent case laws
Tata Sons Pvt. Ltd. v. Siva Industries and Holdings Ltd. (2023)
Facts
In this case, the Apex Court elaborated on the applicability of Section 29A. In 2006, the applicant, respondent no. 1, and Tata Teleservices Ltd. (TTSL) entered into a Share Subscription Agreement (SSA) for the issuance and allotment of shares of TTSL to respondent No. 1. Afterwards, through another SSA, NTT Docomo Inc. (Docomo) acquired 26% of the equity shareholding of TTSL through a mix of primary and secondary shares. In 2009, through a Secondary Share Purchase Agreement (SSPA), Docomo acquired 20.740 million shares of TTSL from respondent No.1. In this regard, an inter-se agreement documenting the understanding reached amongst the parties in the SSA and SSPA was signed. This agreement also stipulated for the purchase of shares by Respondent No. 1 in case of the sale of equity shares by Docomo. Docomo decided to sell off the equity shareholding.
When conflict ensued between the applicant and Docomo, the latter decided to resort to arbitration according to the rules of the London Council of International Arbitration. In the arbitral proceedings, the award was made against the applicant, mandating them to pay Docomo and acquire shares put in by it. As determined among the parties, respondents No. 1 and 2 were asked to conform to the conditions stated in the agreement. On the respondents’ default to do so, arbitration as stipulated by the agreement was referred.
The parties in the initial meeting concurred on the extension of the arbitrator’s mandate for 6 months. But, because of some unforeseen circumstances, the proceedings were delayed and the applicant submitted an interim application for a necessary extension of the mandate because of the amendment in Section 29A.
Issues
Is the amended Section 29A of the Act applicable prospectively or retrospectively?
Judgement
The provisions of Section 29A, added in 2015, were prospective in character on account of Section 26 of the 2015 Amendment Act. However, the Court said that Section 29A gave rise to new conditions in relation to a proceeding that had already begun because it laid down a stringent time limit for delivering the arbitral award. The amendment is remedial in character as it makes an exception for international commercial arbitrations from the restrictive timeline of 6 months. International commercial arbitrations may be excluded from the scope of time frames stipulated in Section 29A. However, the legislature has not explicitly excluded the applicability of subsection (3) and (4) of Section 29A to international commercial arbitration. The Supreme Court ruled that the amended Section 29A applies retrospectively to this case. The sole arbitrator may lay down suitable procedural instructions for an extension of time while trying to dissolve the dispute quickly. Further, the respondent’s contention that the amended Section 29A would not apply to international commercial arbitration was deemed invalid by the Supreme Court. The substantive portion of Section 29A(1) makes it clear that the period of twelve months is not compulsory for international commercial arbitration but is directory in nature.
Rohan Builders (India) Private Limited v. Berger Paints India Limited (2023)
Facts
In this case, the subject matter was whether the Court could extend the timeline of the arbitral proceeding under Section 29A(4) after the mandates had been terminated. In the present case, CIRP proceedings were commenced as per the Insolvency and Bankruptcy Code, 2016 against the petitioner. The petitioner tried to benefit from the order passed by the NCLT approving the resolution plan of the petitioner. The dates cited by the petitioner and the respondent clearly indicated that the mandate ceased prior to the order made by the NCLT. It was revealed that the Resolution Professional nominated under the IBC proceeded with the arbitration even during CIRP under the IBC.
Issues
Whether the Court can extend the decision of the arbitrators as per Section 29A(4) after the mandates have expired?
Judgement
The Supreme Court noted that the 176th Report of the Law Commission envisaged introducing the idea of “suspension of mandate” to the proposed Section 29A and being applied for the intervening period between “termination of mandate” and “filing of an application for the extension of the mandate.” The Law Commission therefore put forward that subsequent to the cessation of the arbitrator’s mandate to deliver an award as per Section 29A (1) or (3), the mandate would remain deferred till an application is presented for extension of the mandate under Section 29A (4). The “suspension of mandate” was, however, removed from the subsequent Law Commission Report and finally from the Section as amended on 23.10.2015. A simple interpretation of Sub-Sections (5) and (6), together with the use of the term “extend” in its various forms in Section 29A(4), means that the mandate of the arbitral tribunal should be in existence at the time of submitting the application for extension of the mandate under Section 29A(4). The terms applied in a statute should be interpreted in their literal sense, giving due consideration to the “contextual placement” as well as the legislative intent.
It was observed by the Court that Sub-Section (4) refers to the power of the court to extend the “period so specified” either before or subsequent to the expiry of the period, as stated in Sub-Section (1) or Sub-Section (3). There are two significant characteristics in Section 29A(4) :-
The phrase “unless the court has either prior to or after the expiry extended the period” is not in respect to any application presented for extending the arbitrator’s mandate.
The court can extend the term when the application for extension has been filed while the mandate of the arbitrator is still in force. This elucidation is in consonance with the second proviso to Section 29A (4).
The scheme of Section 29A of the Act increases the pace of the arbitration proceedings. The purpose of the Act in general and this Section is to expedite the arbitration proceedings and to ensure that the arbitral award is delivered in a timely manner. This provision contemplates the delivery of the arbitral awards within the stipulated statutory time limits. The time limits should be interpreted as compulsory limits and the arbitrators as well as the parties should be observant of the cut-off dates while applying for the extension of the mandate of the arbitral tribunal. The court can pass an order allowing extension only on sufficiency of cause. The Supreme Court held that the mandates, in this case, ceased prior to the applications for extension being presented. The Court is therefore precluded from extending the mandate.
Wadia Techno-Engineering Services Ltd. v. Director General of Married Accommodation Project (2023)
Facts
In this case, three petitions were submitted under Section 29A for extension of the proceedings of arbitration by the arbitrator, who was deciding disputes between the parties under three contracts issued under separate letters of acceptance dated 22.05.2009. It was said that the mandate of the arbitrator expired on 20.03.2023 an extension was sought for a term of six months.
The arbitration proceedings started following a common order passed on 23.08.2021. The arbitrator increased the time for submitting a Statement of Defence (SOD) and Counter Claim (CC) by three weeks, that is, till 24.02.2022. After that, by an order dated 13.05.2022 in cases no. 1 and 3, the SOD and CC were removed from the record by the arbitrator because they had not been paid the required costs and fees. In all three cases, the arbitrator also gave orders for the payment of the required fees and allowed a period of six weeks before the CC would be considered.
Owing to the respondent’s reluctance to extend the mandate voluntarily, in terms of Section 29A(3) of the Act, the arbitrator left it up to the parties to take recourse available in law.
The reason for opposing the extension in the petitions was that further proceedings in arbitration would make the abovementioned petitions ineffective. The respondent also wanted a replacement of the arbitrator in case the mandate of the arbitration proceedings was extended. The respondents also requested that the Court consider their SOD and Counter-Claim which were removed from the record.
Issues
Should the mandate of the arbitrator be extended?
Was the respondent’s request for the replacement of the arbitrator, valid?
Judgement
The Court found that there was enough cause for the extension of the mandate of the arbitral tribunal. The respondent’s request for the replacement of the arbitrator was deemed unsustainable. The Court also imposed costs under Section 29A(8) on the respondent to be paid to the petitioner.
Critical analysis of Section 29A of Arbitration and Conciliation Act, 1966
Section 29A of the Act was added by the amendment of 2015. It was again amended in 2019. The impact of both of these amendments is that in matters of arbitration other than international commercial arbitration, a fixed timeline has been provided within which an arbitral award must be delivered. It is also laid down under Section 29A(3) that the parties can, with their consent, increase the time limit for delivering the award for an additional period not exceeding six months. If the award is not delivered within the timeline of one and a half years, then the mandate of the arbitral tribunal shall cease. The court can, in its discretion, extend the period.
Under subsection (5), an application can be presented by the parties seeking an extension of the arbitration proceedings. However, it must be kept in mind that such extensions shall be permitted only on “sufficient cause.” This means that any party to the arbitration proceedings cannot seek an extension of the statutory time limit on unreasonable grounds to render the decision in their favour or to vitiate or sabotage the proceedings. The time limits stipulated under this Section must be construed as mandatory limits. Both the parties and the arbitrators should intend to abide by these statutory limits while applying for an extension of time.
This provision also provides discretion for the court to contemplate whether to replace an arbitrator or all the arbitrators under Section 29A(6). The court may do so when extending the time mentioned under Sub-Section (4). In the event, that such replacement is made, the arbitral proceedings shall recommence from the stage arrived at so far and based on material already gathered. This provision allows the court to replace the arbitrator(s) if it considers them the reason behind the delay in declaring the arbitral award. This provision permits the arbitration proceedings to resume from the stage already reached and thus allows the court to replace the arbitrator(s) without hampering the proceedings. If arbitrators are appointed under this Section, the arbitral tribunal will be held to be in continuance of the formerly designated arbitral tribunal.
Section 29A(9) says that an application submitted in accordance with Sub-Section (5) shall be discharged as swiftly as practicable. The court shall try to discharge the matter within a term of sixty days from the date the notice is served. Sub-Section (9) is in line with the general intention of the provision to ensure the conclusion of the arbitration proceedings and the pronouncement of the arbitral award within a reasonable time.
However, there are some drawbacks to the scheme of this Section. Sometimes, disputes of very technical and complicated nature may be referred to arbitration. These disputes may take time to be resolved conclusively. Therefore, placing a statutory time limit on the arbitrator(s) may reduce the efficacy of the arbitration process, as it is likely that the arbitrators or the parties may try to conclude the proceeding in a hurry. Another concern is that this provision allows too much judicial intervention, thus defeating one of the main purposes of arbitration – to resolve disputes conclusively without going through the rigours of a court proceeding.
The aim of Section 29A of the Act is to prescribe and stipulate the timeframe for the completion of the arbitral proceedings. But, on analysing this provision, it becomes evident that it does not consider any rigid deadline for the conclusion of arbitral proceedings. It affords flexibility to the parties as well as the court for extension of the term in suitable cases. The substance of this provision is not to limit the ability of the parties to resolve the dispute or to prevent an extension of time even when necessary. The real intention behind the provision is not to set an outright prohibition on the extension of time. The court has the authority to provide an extension before the expiration of the mandate if there are valid reasons. The purpose of this provision is to prevent delays before the arbitral tribunal. If the award is not passed within a reasonable time, the parties can approach for an extension of time. However, a party is not allowed to present an application under Section 29A(4) for increasing the time period after the expiry of the mandate. The parties as well as the arbitral tribunal should be mindful of the statutory limit set out in the Section and try to resolve their disputes expeditiously and in an efficient manner.
Conclusion
Section 29A was added to the Arbitration and Conciliation Act, 1996, in 2015 to ensure that arbitral awards are delivered in a timely manner. One of the major issues that the Arbitration and Conciliation (Amendment) Act, 2015, sought to address was the problem of delayed adjudication that afflicted the majority of arbitration proceedings in India. To address the issue, certain time limits were prescribed by this amendment within which the arbitral tribunal may award. This provision was introduced so that arbitration proceedings could be completed expeditiously.
This provision stipulates a statutory period of 12 months during which an arbitral award must be pronounced. However, the parties may mutually accord to extend the term of making the award to an additional six months. In the event that the award is not made in the statutory period, the decision of the arbitrators shall expire. The parties may present an application to the court requesting an extension of the time-limit and the court shall permit such an extension if there is “sufficient cause” for extending the period of pronouncing the award in its view.
This Section also empowers the court to replace one or all of the arbitrators while considering an application for an extension of time. However, this provision contains certain measures to ensure that continuity is maintained even if an arbitrator is replaced. Subsection (9) also places an obligation upon the court to discharge an application made in accordance with this Section as quickly as possible.
This Section was introduced to make sure that arbitration remains a viable option for parties who want to resolve disputes in a fast and efficient manner. However, there are concerns about “party autonomy” and “judicial intervention” which need to be addressed. The power of the court to extend the time limit for delivering the arbitral award beyond the stipulated time under subsection (5) gives too much discretion to the court. It takes away the power of the parties to decide the timeline of the proceedings. This provision is, however, an important measure to make sure that there are no unnecessary delays or hold-ups in making the arbitral award.
Frequently Asked Questions (FAQs)
What is an arbitral award?
An arbitral award is the decision of an arbitral tribunal in relation to a dispute referred by the parties for declaring their respective rights, titles, or obligations under the arbitration agreement between them. It is binding upon the parties to the dispute.
What is the time limit for declaring an arbitral award under Section 29A?
Section 29A provides a time limit of twelve months from the conclusion of pleadings within which an arbitral award must be declared.
Is there any extension on the time limit available for delivering the arbitral award under Section 29A?
The parties can, with their mutual consent, agree to extend the time-limit for the pronouncement of the arbitral award for a term not exceeding six months under Section 29A(3). If an application is filed before the court under Section 29A(5), an extension of such time-limit may be permitted if there is sufficient cause.
This article is written by Kavya Arora. The author aims to summarise the business development strategies that can be used by lawyers for the growth and development of their businesses. In this article, the author has mentioned various strategies like developing a strong client base, understanding the market trends, investment plans, maximising training and partnership, and other business strategies. The author has tried to formulate and list down the strategies required to act as a guide for lawyers in developing a strong and successful legal business.
Table of Contents
Introduction
Business development for lawyers means pursuing opportunities that lead to the growth of your practice areas and helping with prospects. It means that you have to build new relationships along with developing strategies that will help you grow your business to new heights. Expanding your practice areas as well as cross-selling your services to your various clients can boost your business expansion as well as its growth. Geographic expansion can also help you with prospects.
Lawyers generally generate and expand their business with the help of their contacts and the relationships they make during the period of their practice. The relationship that a lawyer builds with their client should be based on trust, which takes time as well as expertise. This bond must be evident in your relationship building pattern, delivery of services as well as business development strategies. In today’s time, lawyers who do not get involved in developing their legal business face a disadvantage over others who are actively involved in developing these business strategies. Business development is a mindset that comes with practice and experience which eventually helps you with the growth and success of your business career.
Understanding the landscape
The first step for developing a stable business is to understand the question of “why” behind the business development. It is important to understand its significance and to understand that business growth takes time since it is not a matter of a couple of days. The growth of your business depends on the relationship that you build with your clients as well as the services that you provide them. It is necessary to engage with your clients on the base level and to understand their needs. It is very important to understand what your client wants and it is your responsibility to help them in achieving what they desire.
Business development is one of the biggest challenges that lawyers face in today’s society, especially with respect to small sized law firms. The number of people entering into this business is in abundance and therefore, the amount of resources that people can avail has increased to such a level that the majority ignores the quality of the work they want over accessibility and low prices.
Price sensitivity is the top concern that the majority of the clients have and this results in increasing the constraints on the efforts put in by lawyers in developing their business. The demand for legal services is increasing due to more awareness and globalisation in today’s world. People are becoming more concerned and protective of their space and rights. Lawyers need to capitalise on these demands and they need to boost their efficiency. In order to develop a strong business in this modern world it is very important to develop a strong client base and to let technology, marketing and social media strategies take centre stage.
Who is responsible for business development strategies
For lawyers and law firms, business development means increasing their revenue streams through activities that involve building a strong clientele, expanding the area of practice, cross-selling of services, partnering with capable individuals and firms, maximising referrals and contacts and exploring other possible practice areas and gaining experience and expertise in them.
It is very important that the team of lawyers along with their business development team and their marketing team should focus on making strategies to reach out to the target audience. The strategies and the value that the firm holds should be clear and appealing to its audience. Associates and partners should have a collaborative approach and should be able to convert leads via networking at various social and office events. They should be able to convert their prospective clients and should be able to manage and satisfy the needs of their existing clients.
Identifying the market
One of the most important steps in building a strong business is to have a good sense and idea about the market you are investing your time and money in. In order to retain clients for the long term, it is very important to understand the market in which you are working. Research plays a key role in identifying the dynamics of the legal landscape.
The lawyers must understand the area in which they are providing services and analyse whether that particular market is equipped for that particular area of practice or not. Identifying the market also involves practices such as researching the key trends, engaging with potential clients and identifying the emerging sectors where the business could bloom.
It is equally important for lawyers to research their competitors to analyse their strengths and weaknesses in the same market sector and accordingly work to improve on their weaknesses. It is important to indulge in a trial-and-error method to understand what practices work for the firm.
Defining target audience
One of the key roles in identifying the market is to define the target audience that the firm is looking for in order to develop its business. In order to understand the target audience, one must take into account the demographic factors and the location where one has set up the practice. Location should also be considered when one is thinking of expanding the business. Different sectors of the industry relate to different areas of law, and your chance of growth increases if you identify the correct sector for practising the type of law that your firm should specialise in based on the type of industry and trends in that geographic area.
If the target audience is precise, it becomes easy to develop strategies by acquiring them as potential clients. The marketing and development strategies of these businesses could be tailored according to the needs of the target audience in order to gain their business and trust. It is equally important to understand what are the challenges that the target audience is facing to tailor the solutions in order to resolve those problems.
It is necessary to gather insights on such problems and challenges in order to develop strategies that will help in the growth and expansion of the business. Gaining the trust of these target audiences is of key importance for the lawyers to help them and to provide a solution to their problems. In order for a lawyer to guide them, it is very important that they gain trust in the process and that can only be done through laying out clear strategies.
Emerging trends
It is pertinent that the lawyers stay abreast with the emerging trends and developments in their sectors. This also impacts the demand for their legal services. They must be aware of the industry trends as well as the changes taking place in their area of work. They must keep themselves up to date regarding the updates in regulations, legislations, technological and political aspects that may affect the requirements of their clients. They must also be aware of aspects that may help in developing new opportunities for their clients or trends that could affect or harm the needs of their clients.
They must also understand the market positioning of their competitors and should be able to get their hands on creative strategies that will help them stand out from the crowd. They must be able to come up with unique value propositions to help with their client needs. This will help them stay abreast with the emerging trends as well as resonating with their target audience.
Building a strong client base
To have a successful business, it is very important that you have a strong and loyal clientele. In order to build a strong client base, one must take time to build a cordial relationship with their clients. It is very important for lawyers who are trying to build a business to make sure that they acquire new clients on a regular basis and to make sure that they keep the existing clients happy in order to ensure repeat business. The business development revolves around the ability of a lawyer to bring in new clients.
It is the most crucial step for expansion of business as well as for the development of a growing business. Lawyers should focus on the skill of bringing in new clients and retaining old clients from day one of building their business. It is also important to focus on fulfilling the needs of these clients as happy clients tend to come back and they also help in growing your business by recommending your services to others. Clients that are looking for lawyers and their services will tend to listen to the people who have taken services from them and have positive feedback to give about the firm rather than trusting lawyers or firms based on online reviews and social media.
How to become client-centred
It is very necessary that the core values of the business are client-centric, not only during the proceedings of a case or during the period of engagement with the client but before and after that as well. It all comes down to making the experience of a client smooth, happy and exceptional. In order to do that, it is very important that you communicate with your client regularly and consistently keep them updated about the happenings of their case and the way ahead. You should always answer any questions or inquiries that your client has and should always make time to clear up their doubts regarding the case or the process involved. It helps in easing up the client and they feel confident about the situation and the case at hand knowing that you have it under control.
You should also be transparent with your client regarding your billing schedule but you should not make them feel that you are doing it only for the sake of money. There should be clear boundaries set out differentiating among these two. You should try to see the situation or the case from the client’s perspective. You should understand where they are coming from, what their background is and what are the possible consequences that they might have to face after everything is over. It will help you to better understand the mindset of the clients and what they are expecting from you. It will also help you in giving a personal touch to each case and make the client feel more connected to you.
You should empathise with your clients and should care for them. If you show the clients through your actions and make them understand through your words that you will be there for them and you are doing your best possible, then it will make them trust you and your judgement more. You should always prioritise the client and their needs and should keep their needs before yours. You should not make assumptions regarding the needs or the wants of the client and should always communicate with them on these aspects. You should stay connected with your clients and should try to get an insight on their experiences.
No client comes to a lawyer just to get their legal issues resolved, rather, they approach lawyers to get peace of mind, emotional support and to get the reassurance that everything will be taken care of. You should make sure that you provide these things to your client and it will eventually help your business to stand out in a big way.
You should always make sure that the client is able to understand what is going on without the excessive use of any legal jargons, case laws or legal provisions. Make them understand in simple and easy terms what is happening in the case. It is also very important that you take regular feedback from your clients and incorporate the same into the daily functioning of your business.
Implementing client feedback
It is very crucial that a business developer and a lawyer ask for the feedback from their clients once provided services to them. You should always measure your client satisfaction and ensure that the scale goes up with every service you provide. If you will measure the satisfaction, you will be able to manage it as what gets measured gets managed. There is also something known as Net Promoter Score (NPS) for law firms, it is a method by which one can measure what clients are likely to spread good words about your firm and will recommend you to their friends and family. There are high chances that they will also provide you with online reviews and with good referrals.
It is also more important to manage your reputation online than managing your offline reputation as in today’s social media culture, if you have bad reviews by client’s online then people are less likely to approach you based on that negative feedback. If you have any negative review or feedback online, you should respond to those as well to understand what went wrong and to assure them that you will work on your short-comings. You should also reply to these negative reviews to make sure that those are not fake comments to put down the reputation of your business and to call out such fake comments. You should ask your former or your current clients who seem satisfied by your services to provide a positive review or feedback about your business online. You should make the clients understand that they are saving their time, money or any emotional stress by hiring you and availing your services.
Importance of networking for lawyers
As a lawyer, who needs to develop their business, you should try to inculcate the habit of interacting with people who have a similar professional objective as yours. You should try to create bonds and relationships with these people and once a strong foundation has been built, you should try to get more out of networking. Networking not only suggests going to important work events but it also means actively getting to know similar professionals and like minded people in other social gatherings, through various communities, bar associations, parties, via LinkedIn, etc. You should also attend events where you believe you can get prospective clients, you can attend events that sponsor or host these types of clients and try to talk to them and build a connection with them at first.
Once you have built a strong foundation with them, tell them about your practice and what kind of services you provide but do not talk to them like you are trying to sell it to them, rather, talk to them like you are trying to make a conversation. Once the trust is built, they are likely to recommend you to some of their friends or family in need. You should also try to network with your fellow attorneys at courts and you should see them as colleagues and not enemies.
You can also get their help and help them in return with client referrals or with sharing of resources. You can also build a brand by using various social media platforms and posting content on a regular basis can help you gather a trusted audience. You can show your expertise and learn from other people with the help of these platforms and you can leverage the connections you build online to get more business for your firm.
You can also take up opportunities and attend legal conferences and try to host or speak at such conferences. This will help in building up your confidence, will promote your name and your business and it could also lead to possible prospects. This will also help you in expanding your professional opportunities and will help you in becoming a better lawyer. You should also stay abreast with the industry trends and what is happening in your practice area to keep the conversation with your peers knowledgeable. If they see a person who is aware about the current trends they will more likely acknowledge you as a knowledgeable peer.
Online networking
People who have similar problems often try to connect with people on the internet through various social forums to get an answer to their problems. They often post their questions over Quora or Reddit to get an answer. You can always drop into these forums and try to get an insight to their issue and provide feedback to them. You might also get your next client because of the knowledge and the help that you provide on these platforms. You can also ask your network to provide you with referrals and they can also help you to connect with people who might need your services. Online platforms act as a good lead generation strategy and helps you to connect with people that might require your services. People usually tend to believe something if it is coming from someone they know and trust. For example, if I were to recommend a law firm to my friend for a particular kind of practice, chances are, they will approach and hire that firm only. Word of mouth is a very important factor in this field of business and it is very important to make sure that you leave a good impression on the people that you network with. Networking will help you in increasing your visibility as a professional and you will be able to create mutually beneficial relationships with your peers that will result in the growth of your business.
Exploring new geographic markets
Business expansion and growth can be useful for firms to gain a competitive edge. For developing your business further, it is necessary that you explore all the possible geographical markets for your business. There comes a time in business when expansion is the only way to get in new clients. Once you have dominated the geographical market in which you are situated, the number of new leads that you will gain decreases over time. Geographical expansion is mainly a strategy that is used by business to accelerate its growth and to create a presence and leave a mark at a new location. There might be other needs as well to expand geographically which is to reduce cost while serving long distance clients or to tap into and acquire a new set of talent.
There could be a lot of financial risk involved with expansion as well and one needs to make sure that they have evaluated the market and the location based on the practice area or the services that they are providing. You should also remember that the new market will be dominated by someone else and it will take some time for you to set in your practice and establish yourself in that area.
Factors to be considered while expanding geographically
Some factors that you should keep in mind could be:
You should make sure that economically the market is alright for you to expand your business at that time.
You should make sure that there are possible leads that will come up once you expand your business to that geographical location.
You can also establish your practice based on the location where you already have existing clients, this will help you in boosting your business at a much better rate.
You need to make sure that there is demand in the new area for the kind of services you are providing.
Primary advantages of expansion can be access to new revenue streams and if your firm has already gained a lot of brand value in its prior location, it would likely gain similar or more recognition in the new space. You will be bringing the brand and the services to the customers around the world, making it easily accessible to them. You can also gain access to untapped customer bases that were not explored prior or those who have not heard about your services. After expansion to a new location, you must treat it as a start of a new business and should engage in activities like networking, collaborations, attending events, using referrals all over in order to boost your business in the new location and spread the word about your services.
You might also mitigate some risk of going under by expansion as earlier you were relying on a single region for your revenue and this expansion will help you spread the risk and protect the business from extreme economic or specific location wise challenges. It will also help you in expanding and significantly increasing the brand value and reputation. Your business will receive more recognition and more opportunities will be created for your exposure and growth.
You will be able to grow your business on a global scale if you slowly and carefully master the art of expansion. You need to consider these benefits; however, you need to keep in mind the strategic approach that is required for expanding to a new location, you must carefully evaluate all the risks and should adapt strategies that suit you the best. By careful and strategic expansion, you will be able to mitigate the risks, face the challenges and reap the rewards for venturing into new territories.
Diversifying services
When you are expanding to new geographical markets to explore prospective clients, you can also diversify your services at your new as well as at your old location in order to boost your business. Going beyond your current practices can help you concur and spread your services to new unexplored zones and can also benefit you and add towards your advantage. In this rapidly changing environment and sudden cultural shifts, it is very necessary that legal practitioners adapt to this change and explore various practice areas in order to stay ahead of their competition.
In today’s practice, law is expanding beyond the traditional court practices and there are new avenues created for growth and development which should be explored by lawyers who plan on building and growing their services. For diversifying your services and growing your practices you need to stay on top of all the latest trends going around in the field of law, business, social media and around the globe. You can attend conferences, write papers, connect with like-minded people over the internet, etc. to stay informed about the current happenings.
You also need to develop the relevant skills that may be required for the new area of law that you are going to divulge in, for example for expanding into privacy laws it is important that you are aware about the data policy and protection regulations and you have read and learnt about the same to such depth that you will be able to help other people regarding the same. It is also very important to build your community or your network with lawyers who are also working in these sectors so that they can provide you with valuable insights. Lawyers need to think outside the box and help their clients by providing them a creative and easy way out. They need to make sure that they are well informed and can help their clients to succeed.
Exploring revenue streams for lawyers
Lawyers who are planning to expand their business need to explore various revenue streams in order to generate a good stable income. It will help you in providing you a stable income along with opening new growth opportunities for you. It will help you with client engagement as well. To explore new revenue streams, you can indulge into various other law streams that are connected to your practice, for example, if you have an established practice in technology law, you can also start to provide services related to IP law. This will help you in expanding your client base along with helping you become a one stop shop for all the needs of the client. Diversifying your services will also help in creating additional revenue for your business.
Another way to create a new revenue stream is to leverage technology by providing online legal services or consultation. It will help you be convenient and accessible to all the clients all across the globe without having to spend a lot on relocation or expanding at a new location. You can also build long term relationships with these clients over time and provide them retainer services or develop a subscription based service plan so that you would be able to generate a steady source of income from these clients.
Content creation is another source from which you can generate a good income over time, by writing articles over various sites, by putting out videos and content on social media, one can generate a good income. You can also collaborate with various brands and provide some tips and techniques that you have learnt over the years through social media presence. This will help you with creating a loyal base over the world. You can also host webinars or start a podcast related to the services that you are into and invite various members of the legal fraternity and spread awareness and legal knowledge with the help of this method. This will help you in creating a good brand name for your business and also help you in attracting more clients towards your business.
You can also create legal courses and templates and sell it over the internet. It will help you in creating a passive income and can help out others in need of such templates. You need to assess your revenue streams on a regular basis as per the market trends and the change in economic factors. You need to always make sure that your client’s needs should come first and you are able to help them through any mode of service that you provide.
Investment plans for lawyers
In order to grow financially, it is very important for lawyers to have an investment plan. It is also important for lawyers that are aiming to grow their business and enhance their business development strategies. The most important investment is your legal education and development. It is necessary for the lawyers aiming to grow to invest in good conferences and workshops as it teaches a lot of new skills and techniques to lawyers. Taking advanced courses and workshops can also help in opening new doors and help you evolve in new practice areas. It can also help you with new clients. Investing in continuous and quality education is very necessary for lawyers to stay abreast of all the current trends taking place in the legal industry.
Another area where you should invest is building a good infrastructure for your practice. It is often noted that when the infrastructure and surroundings of your work environment are good, you tend to focus more on your job. It helps you with concentration and you like coming to work on a daily basis. It will make your and your team’s life more comfortable. You should also invest in good technology as it will help you with better client services. You need to invest in software and research tools that will make your life simpler. It will help you in improving efficiency and will streamline operations. You need to invest in digital marketing and creating an efficient website for your business. You need to carry out various initiatives online which will help your website in gaining visibility. It will help you in attracting potential clients and will also strengthen the presence of your business over the net.
You need to invest in a strong team and you need to allocate your resources towards building a skilled support staff. Your associates, partners, helping staff should be the best in business and should be able to handle their cases and workload effectively. You need to make sure that you invest in these people so that they can help you in the development and growth of your business. You need to invest in providing mentorship and professional training to your team in order to help them learn more and stay abreast with the current affairs of the legal field. There is a need to invest in employee satisfaction as it will help your business in attaining its long term goals. Your employees and your team can make or break your business goals, so it is very important to invest in a good team.
You can also invest in good partnerships and acquisitions for expanding your services to a new location. Forming an alliance with similar people from the legal fraternity will help you in growing your business and is a strong investment idea. It will help you with diversifying revenue, increasing your client base and increasing recognition of your business. You need to allocate your resources in a wise manner and should invest in attracting more clients and rooting for the team’s success.
Therefore, a lawyer who needs to grow their business needs to invest strategically in technology, professional development, their team and employees and creating good partnerships if they want to achieve recognition and growth in this competitive industry.
Understanding the business
To develop a successful business, it is necessary to first understand the intricacies of that business. If you have a good understanding of the business, then you can tailor your services as per the needs of the business and your clients. Understanding the business involves understanding the industry and the market position. It also involves the types of services that are being preferred and what are the potential services that will rise up in the near future. You also have to understand the type of competition in the market and to design your business model accordingly.
By preparing for these situations, lawyers developing their business can proactively figure out the solutions and align their needs as per the strategies and the business objectives required to grow their business. Understanding the business also helps in leveraging and providing for great opportunities for their clients. It also helps lawyers understand the trends of the market place which will in the long run help with clients as the lawyers will be able to pitch in regarding the client’s industry and advise them on the regulatory changes taking place. It is very important to understand and provide insights to the client on various industry trends so that they can stay ahead of the competition and it will also help them in minimising potential risks.
If the lawyers have a deep understanding of their business it will also help them in communicating clearly with their clients as they will be able to pitch in more and engage in meaningful conversations that will benefit the client as well as the lawyers in creating a better client experience. Clients will recognize the lawyers as an integral part of their business strategies if they feel that the lawyer has a good understanding of the business and the market. This will aid in the business development of the lawyer as well as this will help them in expanding their client base and become a part of the modern business environment.
Leverage technology
We are currently a part of an era where the digital world is growing at an unprecedented rate. Lawyers who are still bound by the traditional methods will not be able to survive much in this fast paced society. So, it is very necessary for lawyers who are trying to develop a business for themselves to keep up with the latest changes and trends in the technological world in order to sustain their business in the long run. Nowadays, it is more important to maintain the business of your reputation online than it was 5 years back.
Online presence for businesses used to be a luxury but now it is more than just luxury, it is a way to expand your client base and to globally mark your presence. In order for business to flourish online it is very important that they have a good and functioning website to lay down the types of services provided by the firm, contacts and information about people associated with the firm, values and goals recognized by the firm, feedback provided to the firm by their clients and other important intricacies. This will improve the credibility of your business and will also allow access to potential clients residing globally to reach out to you for assistance.
It is also necessary that lawyers optimise their online presence with the help of Search Engine Optimization (SEO). This will make the business more prominent as it will appear in most searches as having strategic SEO helps in improving the online presence of the business. It will also help in creating a lot of traffic on the firm’s website which can boost the visibility of the business online.
We are slowly navigating towards uncharted territories with technology and the social media culture emerging at a rapid speed, so it becomes very necessary for lawyers looking to develop their business to stay abreast of these trends and create a strong online presence for their business. It is necessary that they leverage these platforms in order to gain clients and to engage with other lawyers. By adapting these techniques and harnessing the power of these digital tools the lawyers will be able to stay relevant with the ever-changing legal and the technology industries.
Building a strong online presence
Apart from having a fully functioning website, it is also necessary that lawyers network and engage via other social media platforms like LinkedIn, X and Instagram. It is necessary for lawyers to engage on these platforms because these social media platforms have become too powerful in the last couple of years. It is very necessary for lawyers to showcase their talent, legal knowledge and expertise on these platforms to attract more clients and to connect with like-minded people and expand their network cycle. It will help increase the reach of your business and can provide you with a dynamic platform to share your views and thoughts globally with a large audience.
It is also important to build a strong and strategic outreach on these platforms with the help of informative and innovative articles, writings or case studies. You can write about the latest updates in the field of law in which your firm provides service and add your two cents in all these pieces as well. It will help you in reaching out to the target audience and help the clients to gain trust in your process and your services. It will also improve your firm’s reputation online and successful lawyers in today’s generation recognize the importance of building a strong social media presence.
It is not necessary that you have to attend events physically to network with like-minded lawyers and businessmen, you can showcase your knowledge and expertise via online networking platforms as well by attending or by hosting various webinars, podcasts, etc. You can interact with potential clients with the help of these webinars, share knowledge among your peers and create meaningful relationships all with the help of the internet.
With the fast spread of technology and online presence, clients tend to provide any feedback that they have whether positive or negative online. It is very necessary to maintain these online reviews and encourage clients to leave positive reviews and feedback once they are satisfied with the services that you have provided to them. It is very necessary to have positive reviews and feedback attached to your business’s name in order to gain credibility over the digital sphere. If you have any negative reviews, then try and communicate with the clients as to where your services were lacking and what needs of the clients were not met. You should also look out for false or fake negative reviews of your business and try to acknowledge those with proof that they are indeed fake. This will help the business in gaining the trust of potential clients.
Invest in legal tech and automation
Investing in good legal tech is the need of the hour and it is also very imperative for the operations of the business. There are a number of benefits attached to it which ranges from higher productivity to client satisfaction. These technologies help in performing the routine tasks efficiently and it helps in saving cost and time leading to the streamlining of the work in a proper manner. It helps in reducing human error and improves the way in which you carry out your everyday mundane tasks. Creating online client portals helps the clients in being more involved with the case, which gives them a better experience with the business. These portals can help them in keeping a tab as to the whereabouts and the progress of the case. They will also be able to access the documents and upload the documents that are required for their case, making it easily accessible for the team working on it.
These technologies help save a lot of time and effort and creates a better working experience for both the lawyers as well as their clients. These tools act as a substantial investment for the business as they give great results and help in the improvement of the business’s performance and thus the performance outweighs the investment costs. These investments will help you provide more efficient services to your clients and will eventually help in the growth of your business and expansion of your client base.
There are a lot of legal tools available in the market now for improving your work quality as well as for project automation. You can use tools for doing case law research, for document and contract reviews, for due diligence, as well as for legal guidance and marketing. For helping you with case laws you can use the AI-assisted research that is available on Westlaw Precision to give you a jumpstart on your legal research and legal drafting. There are various tools available that provide you with legal templates that help you with guidance on these templates on a clause to clause basis.
There are various document automation and drafting tools which assist you with editing and drafting of your legal work. It helps you with the cutting down of errors in your drafts and provides you with helpful tips to improve your drafts.Document automation tools help you with creating the same boilerplate agreements that are required on a regular basis by your business. Additionally, there are various knowledge management tools as well which assists you with automatically categorising the case and the documents within. All the users will be able to see who has worked on which document and what is the progress on each of these documents. It will create a single platform for all reviews, queries and questions.
Apart from these legal tech tools, you can also use management and financial tools that will help you with the growth and management of your business. You can also track where you are spending the firm’s money and where you can cut costs. It will help you with a better understanding of where you spend your money and what all you can do to reduce your spending and track them. You can also use marketing tools and use proper SEO in order to create a strong online presence for your business. You can additionally use these tools in order to create legal content for your social media platforms and your website.
There are a lot of options available in the market for legal tools, however, firms hesitate to invest in these tools as they believe they will not be able to utilise it to the best of its ability and it would act as a divestment. However, with proper legal research and planning, firms can invest in the right technology which can aid in the growth of their business.
Importance of marketing for lawyers
Creating a strong presence in the market helps in the development and growth of your business as it attracts more clients and helps you with networking and connecting with various people who are in the same field. Irrespective of the size of your business, you need to have a social media presence and a good marketing strategy to help you globally connect with the business landscape. Making clear and actionable strategies helps you with being more proactive and also helps you with new opportunities and minimising new challenges.
Bifurcation of business needs based on size
There are different challenges and strengths of businesses depending upon the size of the business. Therefore, there is a need to plan and strategise for your business depending upon its strength and weakness. The marketing strategies that work for others may not work for your business. Hence, let us look at some of the common challenges faced by businesses of different sizes.
Small size businesses face challenges because of the limited resources that they have, hence they have to rationalise their expenditures and cannot spend a fortune on marketing. They also have to face challenges like brand recognition because they are yet in their initial stages of business hence they still have a lot of scope for creating a brand name for themselves and for people to start recognising them based on their brand name. There is also a lot of competition for these small size businesses as there are a lot of lawyers that are understanding the need to develop their own business. Hence, the competition in small scale businesses for lawyers is immense. However, they can overcome these challenges by creating marketing strategies that are unique for their target audience, can aim to have a personal relationship with all their clients, improve their agility and work on their specialisations to improve business.
Mid-size businesses face challenges because of their positioning as a number of times they get stuck between small and big size businesses, as they are better in some aspects than a small size business but not so much than a big size business hence they face competition from both ends. However, they can overcome these problems by having a broader range of services that they provide and they can also aim for strategic partnerships with various firms or independent lawyers. This will help them with recognition and development of their business.
Big size businesses face a lot of challenges related to branding across the global nation, expansion of the business globally, maintaining and being innovative beyond a certain point and managing the large number of resources that they have. These problems can affect the growth of these businesses but if managed properly big firms can overcome these problems diversifying their expertise and having a proper team which manages all of these aspects including global reach and brand recognition.
Therefore, in order for any of these businesses to grow it is pertinent that they adapt to the current market trends and practices as it will help them in their growth and not following them and being rigid in your practices can harm the success of their business. Online marketing and virtual networking only aid to the growth of your business and the business should aim at being client centric and should adopt strategies that aim at providing client satisfaction.
Marketing strategies for size based firms
There is a need to understand the resources required for these firms in order to implement the marketing strategies accordingly. Some innovative strategies for these firms based on their size could be:
For small firms, it is necessary to localise your SEO searches as it will be easier for you to then attract clients in your local area rather than searching for potential clients all over the globe which could be costly and resource consuming for small firms. Additionally, it is very important for small firms to actively participate in community events to increase the firms’ visibility and build your presence and trust within the community. It is also very necessary for small firms to take feedback from their clients and showcase these feedbacks on their social media platforms and websites in order to build credibility and attract potential clients. Word of mouth marketing also acts very beneficial for small sized firms.
For mid-size firms, it is necessary that they focus on hosting and participating in various webinars and workshops. They can also initiate legal podcasts and invite industry experts to shed light on various legal topics and topics in trend. It is also beneficial for mid-size firms to get involved in strategic partnerships with firms that are providing services in other areas of law. You can also partner up with various business, marketing, PR firms in order to get help with the growth graph of your firm. Mid-size firms can also benefit from referral programs and they should encourage either satisfied clients to refer the firm to their friends, family and acquaintances in need.
For larger firms, it is very important that the leadership take proper actions and mark their presence on the online platform with the help of the articles that they can write or posting informative pieces about the various aspects of the legal field. This will help them with enhancing the brand value and also attract a number of potential clients. Large firms should also focus on global networking and should work on creating an international presence. They should also organise various legal workshops and conferences on a global platform in order to attract potential clients from around the globe. The main focus of these firms should be on tech integration and they should utilise various technological innovations to the best of their ability in order to enhance the firm’s values.
Good leadership skills
It is often believed that lawyers are bad leaders, and that they are not wired for being good at managing or leading people. The qualities that help a lawyer in being good at their jobs refrains them from becoming better managers or leaders. However, this can be managed and can also benefit the growth of your business. To become a good leader, you must motivate your team and drive the goals of the team from a personal level and put the well-being and the needs of the firm and the team before your needs of personal growth. You need to make strong decisions and be firm on those decisions no matter how hard those decisions are to implement.
You would also need to find a way to get along with your team since then only they will be able to trust you completely and will be motivated and inspired by you and your efforts. You must have clear and transparent communications within your team and you must also learn the habit of delegating the work within the team effectively. You must not micro manage your team and give them the trust and space that they deserve for strong growth and development. It will help them in putting in more effort in their work which will eventually assist in the growth of the business.
You can also opt to hire managers or CEO’s who are not from legal background in order to manage the growth of the business and hence, the lawyers in the team can focus on their work. This ideology is gaining a lot of success and popularity for mid to large size businesses as they have the resources to hire more people to assist in the growth of their business. You can also arrange for proper training for your managers in order to get sensitivity towards their managerial skills and enhance their performance as well.
These training programs will act as an investment towards the growth of your company. It is also necessary to balance the expectations and the priorities of your team and your managers in order to set out some boundaries and a proper system. You need to have regular checks on performance reviews of your team including the managers. There is also a need to define the performance indicators and the job description before hiring someone and test them on the basis of both their legal skills and managerial capabilities.
Good leaders contribute to the performance of their team members and support their decisions. This helps build trust and confidence amongst the team members as they feel their presence and appreciation, which eventually leads to better performance and growth of the business.
Fostering a growth mindset
It is very necessary to foster a growth mindset within your team and to make them understand that they will learn, grow and change with time. They just need to put in hard work and determination into their work and the results will follow. In order to create a growth mindset, it is very important to follow the below-mentioned points:
It is very important for the leaders or the managers to implement this technique in their own working style. They need to make sure that they notice the work of their team. They need to create a safe space for their team in order to suggest ideas and for the team to present their respective ideas. They need to look out for employees who should reach out to them on a personal basis to ensure that their ideas are not missed. They should acknowledge the contribution of their team members and should give due credit to them. They should also create a space where it is okay to make mistakes and then learn from these mistakes. It is very necessary for the leaders and the managers to demonstrate the values and beliefs of the firm through their actions.
There is a need to explain the benefits to your team regarding the growth mindset and becoming a better lawyer or a business person. It is very important for having a growth mindset to practise self-awareness. It is also necessary to face some challenges at your work, this will help in your professional growth and will also improve your learning curve.
There is also a need to prioritise the growth mindset within your team. It will help the business in attracting lawyers and people who are open to work by themselves and who aim at being the best versions of themselves. It also helps in creating an attractive brand value for your firm and also attracts more potential customers for the growth of your firm.
There is also a need to evaluate your team regularly on the basis of the growth mindset criteria. You should make this criterion mandatory for your team under performance review. There is a chance that the team works even more actively when they know that they will be evaluated on this basis and the rewards will follow.
Finally, there is a need to reward those who follow this criteria of growth mindset and work on themselves to polish their skills and also assist in the growth of the company. There is a need to motivate people to overcome the hardships that they face in their work environment and also make efforts to recognize these challenges faced by them and reward them for putting in so much hard work.
Following these steps will help in fostering a growth mindset culture in the people working with and for you and will also help in the growth and development of your business.
Maximise training and partnership
Nowadays, there are a lot of legal tools available in the market to aid the training process of the associates. These tools can help with the problems that associates might face during the training process and can also help to solve their doubts. It also helps in giving a starting point to the lawyers who do not have a lot of experience. Training also helps in building the confidence of such lawyers to kickstart their careers without any hesitation. Training can help the lawyers with preparing a checklist and providing basic information regarding legal topics which are generally neglected. This can help them gain a better understanding of the topic and help them in becoming more knowledgeable and efficient amongst their peers. These training sessions can also help these lawyers by providing in-depth notes by experts on these topics and guidance notes which will help these lawyers in staying updated on these topics.
Training can also help the lawyers with maintaining ethical standards and efficiently represent their clients. It will help in boosting their career which will eventually profit the business of these lawyers. It will not just help the lawyers in staying informed and updated about the legal trends as well as the latest tools in the market but will also help them gain exposure in the industry and will also help them in partnering up with other legal experts from the industry which will accelerate the professional development of these lawyers. Therefore, it is necessary that you invest in good tools, courses, webinars that will help in the professional development of your team of lawyers.
Conclusion
It is very important to create a culture that aids in the development and growth of your business. Though not an easy task, it requires constant efforts and commitment to stay focused, but, once you put your constant efforts into your business, the reward will be in the form of business growth and client loyalty. It is necessary to adopt a proactive approach which not only involves being abreast with the trends but also getting adapted to technological advancement and cultural shifts. It is necessary for the lawyers to genuinely commit to their clients and to set proper expectations from their clients. It is also necessary for the growth of a lawyer and his business to implement the feedback provided by the clients.
Both the online and offline presence of a lawyer is important for a business to grow immensely. You cannot just rely on one of these if you want to get the best results. You also need to make long lasting partnerships in the community in order to move forward and make the best use of your networking skills and referrals. Following a proper strategic approach for the business growth and development acts as the roadmap for success and you as a professional can achieve both personal and professional growth through these strategies. Hence, following the trends, making clients a priority, brushing up your skills, online marketing and socialising can help your business reach sky heights.
Frequently Asked Questions (FAQs)
What strategies are required by the lawyers for their business development?
Some effective strategies that are required by the lawyers for their business development include networking, maintaining a strong social media presence, online and offline marketing of their business services, optimising referrals, attending various social events, maintaining a strong client relationship and implementing client feedback.
Is client relationship management important for business development?
Yes, maintaining a strong client relationship is very important for business development as it aids in the business’ growth. Retaining clients for a long term also helps in client referrals which are all considered as important factors for developing a business in this field.
Which tools can assist the lawyers in their business development?
Some of the tools which can assist the lawyers in developing a strong business include Customer Relationship Management (CRM) software, emails management tools, social media and marketing tools.
What mistakes do lawyers commit in the process of business development?
Common mistakes that lawyers commit while developing their business includes not taking feedback from clients and not implementing those feedback, failing to ask for referrals from their clients and their networks, not leveraging the digital tools, not having a strong online presence, not marketing their business enough and not differentiating their services from those provided by all their competitors.
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This article is written by Zehra Jamal. The article deals with digital marketing strategies for lawyers. It discusses digital marketing and the importance of the same for lawyers. It further elaborates on the steps that are required to set up digital marketing, along with the mistakes that need to be avoided during the same. The article exhaustively tries to cover all the details regarding digital marketing for lawyers.
Table of Contents
Introduction
The world is moving at a very fast pace now-a-days. Everything is improving locally, as well as globally. If you just take a look around yourself, you will notice lots and lots of changes occurring to things around you. And if you actually put your mind to it, you will realise that the increase in digital marketing is one such phenomenon. You will notice that digital marketing has grown like crazy, everyone – here and there, now and then, is making use of digital marketing for some or other reasons. It has grown like it’s another basic yet undeniable aspect of life now. It has stretched its arm everywhere – from college to jobs, from freelancers to business professionals, etc.
Since it is present everywhere, the need for the same has also been felt in the legal profession. The legal profession encompasses the phenomenon of digital marketing for various purposes. It is used by various law firms, lawyers, and other people engaged in the legal profession. This article talks about how to get started and go along with digital marketing with respect to lawyers and the legal profession.
The article is divided into five sub-parts. Firstly, it starts with discussion, what digital marketing is. It encompasses the broad features and important aspects of digital marketing. The second part of the article throws light on the need for digital marketing for lawyers. Moving forward, the third part of the article is the most important one. It provides the steps for setting up digital marketing, and it details the exhaustive steps needed to get started with digital marketing. The next part of the article details the mistakes that one needs to avoid while starting and continuing with digital marketing. Lastly, it is followed by the conclusion and frequently asked questions on the issue.
What is digital marketing
The term ‘digital marketing’ means online advertisement or online marketing and promotion campaign. It is basically the advertising of brands to reach potential customers, through the use of the internet and other social media applications. It is also the promotion of brands just like traditional marketing, however, it is done through digital media, rather than traditional ways. There are several ways of digital marketing, which include web-based advertising, emails, social media, online videos, search engine marketing, etc., amongst others. Thus, digital marketing can essentially be defined as the advertisement or promotion of your brand or product by making use of digital media.
Digital marketing is a vast space that covers a broad range of activities in multiple areas. It doesn’t limit itself to online marketing or online advertising. It, in fact, covers a vast number of activities, like from search engine optimisation to content writing. If seen from the customer’s point of view, this article might also be seen as an attempt to do digital marketing by the company. Therefore, we can conclude that digital marketing comes with a vast umbrella of activities, with the help of digital media.
If we compare digital marketing with traditional marketing, we will find that both these kinds of marketing use almost similar kinds of principles, however, with one difference, i.e., digital marketing uses those principles in a digital space. There are various forms of digital marketing available nowadays, some of them includes:
Sending emails,
Content writing, ,
Text messages on phones,
Search engine optimisation,
Online videos,
Social media platforms, etc.
While this is a small list of the forms of digital marketing, the actual methods go far on. There are numerous ways to advertise your product digitally, and this is, by far, the most important characteristic of digital marketing.
How is digital marketing different from digital advertising
Most people generally assume that digital marketing and digital advertising are the same thing, or they get confused between them. However, both of them are not the same. In fact, digital advertising is a subset of digital marketing. This part of the article will deal with the difference between digital marketing and digital advertising. It will further talk about advocate’s bar on advertising and the relevant statutes.
Digital marketing usually refers to the use of digital media and the internet to market a product. On the other hand, digital advertising is a way of doing digital marketing. Digital advertising refers to a tactical application of digital marketing to reach potential clients. Digital advertising is also known as online advertising or online marketing. It is launching online advertisements through digital channels. Difference between digital marketing and digital advertising can be summed up as:
Digital marketing
Digital advertising
It refers to the use of digital media to promote brands.
It is a type of digital marketing, which includes online advertisements.
It has the feature to target audiences belonging to specific locations.
It is not necessary that they target audiences belonging to specific locations. It depends on advertisement to advertisement basis.
It has more control over its target audience.
It has less control over its target audience.
The strategy of digital marketing requires continuous guidance and adaptation.
Not much attention is required to digital advertising once it is completed.
It allows for real time interaction. It is more interactive in nature
It is less interactive in nature.
Examples – online advertising, SEO tools, websites, email marketing, etc.
Examples – Google ads, Facebook ads, Instagram ads, etc.
Advocates bar on advertising
Since, we just learned how to go about digital marketing from the perspective of lawyers, we should also understand what all things can be advertised by lawyers or advocates. In order to understand the same, we first must understand that legal advertising is prohibited in India. The reason behind prohibition of legal advertising is that law is not a trade, and therefore, should not be treated like one. The ban on legal advertising in India was first introduced by British law, which later on found its origin in Indian law. While there can be several reasons for the same, the most prominent ones include:
In order to protect the legal profession from being commercialised, there is a ban on legal advertising.
Since law is a noble profession, therefore, in order to maintain its integrity, and to render quality services, legal advertising is prohibited in India.
Legal advertising is prohibited to avoid unhealthy competition practices which might take the nature of misleading advertisements, which may result in distrust of the people in the legal profession.
“49. General power of the Bar Council of India to make rules: [(1)] The Bar Council of India may make rules for discharging its functions under this Act, and, in particular, such rules may prescribe:
(c) the standard of professional conduct and etiquette to be observed by advocates;”
A reading of the above section expresses that as per Section 49(1)(c) of the Advocates Act, 1961, the Bar Council of India (BCI) has the powers to make rules and regulations regarding the standard of professional conduct and etiquette, which is required to be followed by an advocate.
Chapter II of Part VI of the Bar Council of India Rules
As per Section 49(1)(c) of the Advocates Act, 1961, the Bar Council of India has laid down the ‘Standards of Professional Conduct and Etiquette’ under Chapter II of Part VI of BCI rules. While exercising the power given under Section 49(1)(c) of the Advocates Act, 1961, the Bar Council of India has provided for a bar against advertising and soliciting work under Rule 36 of Section IV (Chapter II, Part VI). It provides for the following things (not exclusive):
No advocate should advertise or solicit their work, either through direct or indirect means. Such direct and indirect methods include circulars, personal communications, advertisements, or interviews, amongst others.
Advocates are also prohibited to produce photographs for publishing in relation to a case to which the advocate was connected. The rules also prohibit giving newspaper comments.
Extent to which advertisement is allowed for advocates
Under Rule 36 of Section IV (Chapter II, Part VI) of the BCI Rules, advocates can advertise their brand, subject to the following conditions:
The advocate can advertise his brand through the use of a reasonable size of sign board or name plate.
Though, the said sign board or name plate of the advocate should not, in any condition, indicate any of the following:
Specialisation of advocate in any type of work;
Previous record of advocate being an Advocate General or judge of any court;
Association of the Advocate with any organisation or any individual in any particular matter;
Post of the Advocate as the President or member of any bar council or association.
2008 amendment of the Bar Council of India Rules
The above discussed Rule 36 of Section IV (Chapter II, Part VI) of the Bar Council of India Rules was amended in 2008. The object of the amendment was to provide some relaxations to advocates regarding advertisement. The said amendment allowed advocates to furnish their information on a website, subject to intimation and approval of the Bar Council of India. It provided that the following particulars of the advocates can be updated on the website:
The name, telephone number, address, and email ID of the Advocate;
The name of the Bar Council of the State where the advocate is originally enrolled;
The enrollment number of the advocate, and the date of enrollment of the advocate;
The areas in which advocate practices;
The name of the bar association of which the advocate is a member;
The professional and academic qualifications of the advocate.
This amendment was made to the Bar Council of India Rules as a result of the case of V.B. Joshi vs. Union of India [WP(C) 532 of 2000], where the court allowed the advocates to advertise their service areas on the internet.
Punishment for violation of Rule 36
Section 35 of the Advocates Act, 1961 provides for punishment in case of violation of Rule 36 of Section IV (Chapter II, Part VI) of the Bar Council of India Rules. It provides that if any advocate commits the breach of Rule 36, he shall be liable to be prosecuted for professional misconduct.
Section 35(1) of the Advocates Act 1961 further provides that the Bar Council of State has the power to punish an advocate for professional or other misconduct, and if the State Bar Council has either received a receipt of a complaint, or otherwise has reasons to believe that an advocate is guilty of professional or other misconduct, then the Bar Council of that state shall refer the case of the advocate for disposal to its disciplinary committee.
Importance of digital marketing for lawyers
The legal profession is seen in the industry as a noble profession. It is believed to be the protector of the moral sanctity of the society. Lawyers are seen as the protectors and upholders of law and order in the society. Therefore, it is prominent that the details of the lawyer should be readily available to everyone.
However, this is neither the only reason, nor the most important reason why digital marketing is needed for lawyers. The most important reason, why digital marketing is needed for lawyers, is in fact that the world is moving at a very fast pace, and the competition is increasing day by day. The effect of the same can also be seen in the legal field. Fine lawyers are produced by law colleges in the country every year. The same results in a very competitive market for lawyers as well. And therefore, in order to stand bright in the same, digital marketing is an important pillar. Those lawyers who opt for digital marketing, will remain in an advantageous position with respect to those who do not go for it because of the various benefits digital advertising provides you with. Some of the major reasons why digital marketing is important for lawyers and why do lawyers need it are discussed below.
To attract potential clients and broaden their client list
One of the most important aspects of digital marketing is that it reaches the target audience, if done properly, and if the target audience is attracted towards the product or service offered by you, they can turn into a potential customer or client of yours. If we look at this advantage of digital marketing through a legal lens, it essentially implies that it will help a lawyer to broaden their client list by attracting the potential clients by way of practising digital marketing. Thus, those lawyers which are into digital marketing have an added advantage over those who are not into it, because it helps them to attract clients and increase their client list.
To establish their personal brand and its credibility
Another important aspect of digital marketing is that it helps the companies and the people advertising their brand digitally, to build up their personal brand and the credibility of the brand. The digital world has made it easier for everyone to verify the credibility, reputation, resourcefulness, etc. of anything and anyone within seconds. Everything is just one click away in today’s digital world, and so is the verification of a piece of information. Digital world has made it easier for past users of the product and services to leave their reviews regarding the same and therefore when good products or services are actually provided, then positive reviews help in building the personal brand and also, its credibility. It is therefore imperative for lawyers as well.
Not only this, digital media also helps the lawyers in building their personal brand and its credibility in other ways as well. If there has been a favourable order for the lawyer, the reporting of the same order on digital media also helps in setting up the reputation of the lawyer. Like this, there are various other methods through which the personal brand of a lawyer and its credibility is established by way of digital marketing. However, the same is a little more difficult in case of traditional marketing and therefore, this forms yet another factor why digital marketing is needed for lawyers.
To increase their income
We have understood just now that digital marketing helps to attract potential clients and thereby helps in broadening the client list of the lawyer. If we see this economically, the more the number of clients, the more the pay of the lawyer. Thus, digital marketing, if done in the right way, not only helps to attract the potential clients and broaden the client list, but it also helps the lawyers to increase their overall income. Thus, another reminiscing factor about digital marketing will be that it costs very little but it returns huge results to the user, as not much monetary assistance is required to set up the digital marketing, however, once set up properly, it will help to increase the income of the lawyer.
Thus, the above reasons justify why lawyers need digital marketing in today’s world, and why it is imperative for the lawyers to have digital marketing. It is also to be considered by the readers that the above reasons are not exhaustive in nature, and there are various other reasons which make it necessary for a lawyer to set up digital marketing. Such reasons include, but not limits to the following:
Remaining competitive and not lagging behind in the market;
Reaching to a larger segment of people;
Becoming more popular as a go-to choice, etc.
To make connections
Having good connections is a vital aspect of the law field. In fact, making connections is amongst the first few things which a law school teaches its students. For one to survive and grow in the legal field, it is of utmost importance that such a person should have good connections. Connections now-a-days aren’t only made through physical meetings, but they are made through internet and digital marketing as well. This is thus, another major reason why digital marketing is important for which, i.e., to make connections.
When you opt for digital marketing, you connect with various people because of the same. There will be various people consuming your content through your websites, or may be following you on social media, or may be through any other such ways, which if persists for a long time, will start converting into your connections. Other forms of digital advertising as well, such as conferences, seminars, and paper presentations also help you to make good connections within the legal fraternity, which will prove beneficial for you in the long run.
Let us now understand the steps required to set up digital marketing.
Steps to set up digital marketing
In order to set up digital marketing, several prerequisites are needed, and several important steps are needed after that. In this part of the article, we will try to make it easy for the readers to set up digital marketing. We will be trying to exhaustively cover all the major requisites to begin with digital marketing for lawyers.
Exhaustive research on your target clients
First things first, so before even starting the digital marketing, the first thing you have to do is to identify for ‘whom’ you are actually doing the digital marketing. Putting it simply, at the very beginning, you have to identify your potential customers or the target audience that will form your client base. This is very important from so many perspectives, such as:
Identifying the channels for digital marketing – Once you have identified your potential client or the target audience, it becomes easy for you to select the channels through which you’ll be doing digital marketing. Putting it another way, if you have an idea of what field your target audience belongs to, then it will be easy for you to advertise or market your service on such platforms where your target audience will be available. Let us understand the same through an example –
If you are a corporate lawyer, then, your target audience will likely be spending a considerable amount of time on career oriented applications, such as LinkedIn.
If you are a family lawyer, you might find your target audience by answering on active family community support groups.
If you are a civil lawyer, you might come across your target audience through organic searches that guide the searcher to the frequently updated questions on the issue.
Thus, this is why the first and foremost step of digital marketing should be to identify your target client base. Once the same is identified, it helps you in making further decisions regarding your digital marketing campaign.
Shaping your further marketing strategies – After you have identified your target client, you should shape your further marketing strategies according to them only. For example –
You should use such keywords in your marketing strategy, that will attract your target clients. The best way to do so is to put yourself in your target audience’s shoes, i.e., use those words for online searches which you yourself would be using if you were the target audience.
You should start your digital marketing from such a social media platform on which your target audience is expected to visit. An important way to identify the platform for your digital marketing is to talk to your present clients. Just a simple question to your present client – ‘how did they find you at first’? This will go a long way in helping you to identify the social media platforms for digital marketing.
Once you have identified your target client base, you may look for your competitors in the field and pay attention to their marketing strategies. This will also be beneficial for you, as both of you will be trying to gather the same target audience.
Thus, the above reasons elaborate why it is important to identify your target client base first. Now, after you have identified your target client base, you should move to set up your marketing goals.
Set up your marketing goals
The very next step after identifying your potential client list is to set up your marketing goals. A little part of this was already discussed in the above part, however, if we further elaborate this, it essentially means that we should set up our marketing goals in accordance with the needs and situation of our target clients. The marketing goal which you adopt should be based on the principle of SMART, which is:
S – Specific
M – Measurable
A – Achievable
R – Relevant
T – Time Bound
If you stick to this principle, you are more likely to succeed and get an earlier result in your digital marketing. The principle is explained in detail below:
Specific – You should always keep in mind that your marketing gold should be very very specific to the target client, it should never beat around the bush. For example, if your target audience are corporate clients, then there is no point in you answering queries on a family support community group or any immigration website. The specific goal of your digital marketing in this case should be to further enhance and shape down your resources to make them useful for corporate oriented websites and applications.
Measurable – Not only your marketing goals should be specific, but it should also be measurable in nature. It is very important that while doing a task, its progress should be measurable to evaluate the success of the same. Measurability of your digital marketing goals is also important because tracking your progress is as important as setting them. You should always design your marketing goals in such a manner that its performance should be tracked at timely intervals. The objective behind the same is that if at any point, some changes are required in the goals, they will become clear through measurement of the performance, and the changes can be introduced in the same, as per required.
Achievable – All work and no result will put all the hard work of the team in vain, and therefore, at this juncture, the achievability of the marketing goals comes into picture. In simple words, it implies that the marketing goal that one should lay down must be achievable in nature. The goals should be realistic and not impossible to achieve. If a marketing goal is impossible to realise, then it may become a hindrance in the setup of the digital marketing.
Relevant – Apart from your marketing goals being specific, measurable, and achievable, they should also be relevant in nature. The goals you set for your digital marketing should go along with the end result of your digital marketing. They should align with what you actually desire or intend to achieve at the end of the process. For example, if one of your goals is to reach a certain number of followers on social media, then, it should be to reach a certain number of target audience as followers, and not anyone, as that would be irrelevant to the end result of your digital marketing process.
Time bound – Last but not the least, the marketing goal which you set for your digital marketing should be time bound. If you set up a time bound marketing goal for your digital marketing then, it will help in preventing the unnecessary wastage of your time.
Some of the examples of SMART marketing goals can be:
Reaching 1k target audience in 3 months.
Obtaining at least 15 client reviews, digitally, every month.
Getting 10 cases asking for legal advice on certain issues each month.
Posting 10 contents on relevant topics of your field every month.
Sort out good marketing channels and tactics
Sorting out good marketing channels and good marketing practices for your brand is yet another undeniable aspect of digital marketing. A part of this was also discussed in the first step of digital marketing, i.e., how doing exhaustive research on your target client helps you further in deciding your marketing channels. Sorting out good channels for marketing is important because doing digital marketing on a platform where it does not benefit you is useless. However, on the same note, if you sort out good channels and do the digital marketing on the same, but your tactics of doing that digital marketing are not good, it’ll also not attract many potential clients.
A way to sort out good digital marketing channels is to pay attention to the fact that from where most of your clients are coming. Generally, no one comes to you directly. Most of the people come across you either through some references or through advertisements, etc. You have to recognise the channels through which your clients came to know about you, and have to focus on those platforms more while doing the digital marketing for your brand. Thus, in order to find good digital marketing channels for your brand, you need to advertise it on those apps, websites, and search engines where your clients are likely to visit.
A way of using good marketing tactics is to include ‘keywords’ in your content while you post it for the purpose of digital marketing. Keywords are usually those words which give the idea about your entire research or content. They are used by the clients to find suitable lawyers for them. It is essential to use relevant keywords in your content because they are also used by search engines to find out the relevant content and show them in the search result. Thus, if one wants to use good marketing tactics, the use of relevant keywords must be amongst those. Thus, the identification of relevant keywords and the use of the same in your content will help you to reach the target audience more easily.
Create an up-to-date website
Next up in line to get started with the digital marketing of your brand is to set up a website for the same. It is important to set up a website for digital marketing because it is the first step of contact between you and the potential client. Reading anything on the internet about your brand and visiting the actual website of the brand are two totally different things. Your website will be the first hand experience for your potential clients, and it will help your client to make the right choice more effectively.
Usually, all major digital marketing brands have a website on the internet to connect with their potential clients more effectively. Some have basic websites, while others have standard ones. It is of immense importance for readers to please take note that setting up your website isn’t something that should be taken lightly at any cost. It is not a work to be barely completed, but rather a work to be done with utmost sincerity and attention. Importance should be given to even minute details while making the website. The website which you should develop for your brand should just not be an ordinary or basic website, rather it should be a standard one. It should contain all updated features, and should be easy to navigate or operate by the potential clients.
The reason why so much of importance is being given to the creation of a good website is that it is not only the first point of contact with your potential clients in digital marketing, rather, it also forms the point of contact for those potential clients who get to know about your brand through traditional marketing as well. Thus, your first point of contact for most of your potential clients will be through your website only. And since, it is a famous saying that “first impression is the last impression”, therefore, it is of utmost importance to build up a very good, clean and high performance website for your brand, that should load quickly. This will give a very good first impression to your potential clients. Some of the features to keep in mind while building a website are (they are not fully exhaustive):
The website should have a simple and easy to understand architecture – Not everyone who visits your website will be a techie or internet expert, and this is what should be kept in mind while you build up your website. Your website should be easy to navigate by anyone who visits it. It should not be complicated to run. Anyone visiting your website should find it easy to reach the required results.
Benefits should be prioritised over features – Though it is important to showcase the features of your brand, i.e., the fields in which you are an expert, the services you offer, etc. However, what is more important to display is the benefits of such features that your website offers. The clients will be more interested in knowing how the services offered by your brand have actually benefited others, and that’s why the display of benefits should be prioritised over that of features.
Should ask for a call to action – Most of the websites usually have the option of talking to bots, but rarely do websites contain options to actually connect to the required professional immediately. This is exactly the place where you can stand out and turn your potential clients into your actual client. You can add the feature of directly talking to a lawyer, in case of an issue. This will surely catch the attention of the audience visiting your website.
Publish good content – Your website should also publish good and informative content dealing with the area of your practice. The language of the content should be easy and simple to understand and the use of keywords in your content should be prioritised. At the end of every content, the name and details to contact the concerned lawyer should also be mentioned.
Publish social proofs – In order to gain the public trust and remove any doubts in their mind regarding your brand, the ratings, reviews, and proofs of your earlier client should be published on your website. This will help potential clients to choose better and wisely.
Focus on Search Engine Optimization (SEO)
Search Engine Optimization (SEO) is the process through which the search engine visibility of a website improves. It helps to drive more people to your website by increasing the ranking of your website. It increases the overall visibility of your website for organic searches by improving the quality and user experience of the website.
Focusing on search engine optimisation is very important for setting up digital marketing, as search engine optimisation lies at the heart of digital marketing. We can understand this simply by a research data which suggests that most of the users click on the first result that appears when they search something on a search engine, and very few people get down to second results, and users further decrease per next result. In order to further understand how to focus on Search Engine Optimization (SEO), we need to understand the following:
Anatomy of Google’s first page
The anatomy of Google’s first page is such that when you search anything, the following three types of results appear on the page:
Paid advertisements – They can be identified because they are mentioned as ‘paid or advertisement’ on the box present next to the URL. They occupy the top results when you search anything related to them. Brands pay a hefty amount to Google for presenting their brands at the top when a client searches something and it is done through Google ads auction system.
Local results – They usually appear among the top results of a google search with local intent. Example – ‘top criminal lawyers in Lucknow’ or ‘top criminal lawyers near me’. Such kinds of search results are usually accompanied by at least 3 brands relevant to your search, along with a map option to visit them. Thus, it is essential that proper address, location, etc. of your brand should also be mentioned clearly on your web page to reach a broader spectrum of audience.
Natural results – They are often referred to as ‘organic results’. They are the results most closely linked to the Google search. It comprises the keywords searched, or consists of the answers to users query. It shows the most relevant result to the searched questions.
Thus, we can see that these are the search results which rank higher on Google’s first page. Also, we know that the article which has the highest rank, will get more traffic on its website. Therefore, in order to focus on Search Engine Optimization (SEO), we should aim to provide such content that our website results in top searches on the Google page. Let us now understand how we can appear among the top searches on a Google page, by understanding how Google actually rates our website.
How does Google rank website
The algorithm of Google is set in such a way that to determine the rankings of the website for a particular query, it considers more than 100 factors. However, if we pay an attention to those factors, we’ll understand that the most important among them are following three factors:
Relevance of the content – The relevance of the content provided at the website is checked to provide direct answers to the results. Google considers whether proper keywords are used in the content along with proper addressing of the question that was searched. Therefore, it is important that while setting up a website for digital marketing, you should try to put up highly relevant keywords along with good quality information in your content.
Backlinks – Backlinks are the links of your website on another web page. They are the links created when one website links to another. It is the equivalent to a reference or a citation used by the said website. It shows the trust other web pages are having in your content, and thereby backlinks also help your content to rank higher in a google search. Therefore, one should always provide such content on its website which is trustworthy and beneficial to others.
RankBrain – It is an Artificial Intelligence (AI) based search engine algorithm. It scans your website and relevant content to provide more clarity to Google regarding the Google search. Therefore, your content should always be informative with respect to the subject matter.
Overall, these three factors play the most important role while determining the ranking of a website in a Google search. However, since we are talking about digital marketing from the perspective of lawyers, therefore, it is important to understand that legal content is processed differently from other content because the services provided in the legal field impacts an individual’s financial condition, their health, life, and wellbeing. Such kinds of Google searches or pages are referred to as YMYL pages (your money or your life pages).
Apart from the above mentioned factors, Google pays more emphasis on your web page, based on its expertise, authority, and trustworthiness. For the same, Google also analyse the content present on your web page on the following grounds:
The use of major keywords,
The average amount of time a user spends on your webpage,
The overall engagement of your web page.
Thus, in order to rank better and focus on the search engine optimization, you should also keep the above factors in mind.
Start an email marketing program
Email marketing refers to the process through which the brand sends a commercial message or advertisement to certain people or groups of people using electronic mail or email. If we look at email marketing in its broadest sense, then it shall include all such emails that are sent to a current client or any potential client. The content of the email in email marketing includes sending advertisements, sending sale information, sending donation information, or requesting business, etc. There are four kinds of email marketing – newsletters, transactional, retention, and promotional. Understanding the kinds of email marketing are not of much importance for lawyers while doing digital marketing, therefore we are not discussing the same in detail here.
Email marketing is important because it makes your potential client or the actual client aware of your services, achievements, etc. It is very beneficial for lawyers, if sent at the correct time. Not only email marketing helps to reach potential clients, but it also helps you in reconnecting with the previous clients. Email marketing can be used by lawyers in various ways to gain clients. Some of the ways in which it can be used, includes the following, amongst others:
It can be used to nurture your leads through the sales funnel with drip campaigns;
It can also be used to make the new clients aware of your onboarding sequences;
Email newsletters – one of the kinds of email marketing, can be a very good source to share your news and updates with your target audience;
It can also be used to re engage your leads through win back sequences;
Email marketing is also helpful to gain positive reviews through feedback sequences from your client.
Now, the question that arises is how is this email marketing beneficial for lawyers doing digital marketing. In order to understand the importance of email marketing, we must be aware that email marketing is one of the strongest pillars of digital marketing which was founded back in the 1970’s. It is not a new technology, and therefore every generation currently understands how to use email and most of the people have their own email account. Further, if we look at the email statistics report, 2022-2026 by the Radicati Group, it reveals that there will be an estimated 4.7 billion email users by 2026, and this is where it becomes very important to include it in your digital marketing. It can reach billions of target audience by just a click, that too, in a very small span of time.
Apart from this, it is also beneficial for lawyers to use it because it gives you a personalised message sending platform. Unlike most other social media and digital marketing platforms, you can customise the message you send in the mail for different strata of clients. Further, email marketing is currently the channel with the highest conversion rate, therefore it is the ideal step to be included in digital marketing of your brand. Overall, the benefits of email marketing can be summed up as:
Drives clients – Through email marketing you can send personalised content to your regular clients, which can enhance your client drive. Further you can send your target audience an email marketing campaign launching an offer, which will also help in driving your client list.
Increasing your brand awareness – Email is a one to one form of communication, and can be used to reach someone directly. When you send an email, it appears in the receiver’s inbox and helps your brand to stay current in their minds. The option of personalised emails can also be used to stay longer in the minds of your target audience and increase your brand awareness. The longer your brand remains current in your potential clients mind, the better it is for you. Because, if they actually come across any situation where the assistance of a lawyer is required, your brand will first click in their mind.
Cost effective – This is one of the most important benefits of email marketing. It is very cost effective since it can be sent to a large number of target audiences while using a very small amount of economic resources.
Strengthening customer loyalty – Email marketing also helps your previous clients to stick to your brand by reminding them regularly of your services, giving them personalised offers, discounts, etc.
But it is pertinent to mention here that do not ever solicit work through email marketing.
Increase your presence on social media
Social media is one of the newer additions to digital marketing. However, it is also useful for lawyers to increase their presence on social media to gain clients. Social media can be used by lawyers in different ways to attract potential clients, such ways includes:
Sharing information in the form of content;
Participating in public forums and public group chats;
Directly engaging with potential clients through post, share, comments, etc.
Lawyers can choose social media platforms according to their target client base. Currently, the most popular social media platform for lawyers is LinkedIn, followed by other social media platforms, such as Facebook, Instagram, etc.
The presence of your brand on social media signifies the overall personality of your brand with the help of small messages and posts. Though, social media is a newer addition to the digital marketing strata, yet it is a phenomenal platform to give your brand recognition. The use of social media helps brands to make such content that resonates with the personality, interest, and values of their target audience and run the same in their feeds. It is imperative to note that the popular presence on social media is not by chance, but is planned strategically. Some of the keys to become a popular social media brand includes:
Remain consistent – Post about your brand consistently, and not on your whims and fancies. Create an editorial calendar that sets your posting goals and helps you to manage your posting schedule. Stay active on the social media platform on a regular basis.
Seek relationships, not just social media followers – Try to connect with your followers in such a way that it seems like a family, and not as followers only. This will drastically affect the value of your brand positively.
Make use of automation technology in the right way – Set up the right time to post your content to reach the target audience at a time when they are engaged the most in social media. If your brand is having a multi locational presence, then you can also effectively use the automation technology to deliver your content at the most engaging time to different followers across different time zones. Further, automated messages and replies can also help in giving the right direction to your brand.
Monitor your brands’ engagement – Make the most out of your brand’s engagement activity and make your improvised strategy accordingly to help you grow on social media.
Create user friendly content – Make such content for your social media account which is user friendly for your target audience. Try to prefer visual content over others. Go along with the trend to connect with your followers.
Facilitate client review
Another important aspect of digital marketing is client review. It helps to make your brand reliable and trustworthy. In today’s time period, the internet has reached all corners of the World. This has resulted not only in increased facilities at hand for the people, but at the same time, has also resulted in increased scamming and frauds over the internet. Since the internet has grown, scammers have also grown over the internet. This is exactly where client reviews come at the rescue of your brand.
Client reviews facilitate trust over your brand. It helps to build the image of your brand in the market. People find it easier to trust those businesses which have provided client reviews. Moreover, nowadays people are accustomed to look for reviews of previous clients before actually opting for any service from a brand. The importance of client review can be understood through the following: suppose there is a client searching for a corporate lawyer and he comes close to sorting two lawyers of the said field. The work experience, fees, etc. of both of them came very close to each other, thereby confusing the client to choose any one of them. However, when the client further researched about them, he found several positive client reviews for one of the said lawyers, while no reviews were provided for the other lawyers. In such a scenario, the client will move forward to connect to the lawyer with client reviews. This is just one example, and in many cases, people tend to connect to a brand which has facilitated client review.
Thus, we have understood the importance of client review in digital marketing, and why it is important for your brand to have positive client reviews and good ratings. However, the next question that arises is how to get client reviews? The simple and straight answer to this is – you can get client reviews by simply requesting your previous clients for the same. After you have rendered your service to a client, you can humbly ask the client to leave a review or rating on your website if they like your work. This is how you start gathering client reviews and ratings on your website. Further, you can highlight those client reviews and ratings on your website at a place where it is easy for the target audience to find it. Also, in order to raise the boost or engagement of your website, you can further reply to the reviews of the clients that will show that you actually care for your brand and your client.
Measure your progress
This is usually among the final yet very important aspects of digital marketing. You need to measure your progress along the span of time to make necessary amendments to your strategy. To actually measure your progress, the following 5 key performance indicators (KPIs) can be used:
What is the ranking and click volume of your keywords – The higher ranking and click volume of your keywords is, the better your digital marketing strategy is working. However if you are not receiving much click volume and neither are your keywords receiving high ranking, then you might need to reconsider your strategy and make necessary changes and amendments to help your digital marketing to grow.
Has your local search engine optimisation (SEO) presence improved – The local search engine optimisation is yet another factor to measure the success of your digital marketing strategies. If there is an increase or improvement in your local search engine optimisation presence, then you are going the right way, otherwise you have to consider and change your strategies a bit to improve your overall local search engine optimisation presence.
Does your digital marketing witness an increase in website conversions from organic searches – While you make it to the top of the search result page through various strategies, yet there will be several hurdles to convert that high ranking on search result page to your website page. The more the traffic visits your website from organic pages, the better your digital marketing strategy is. If not much traffic appears on your website, despite your website appearing in top organic searches in a Google search, then also you have to re-evaluate and make changes to your current strategy in order to excel in digital marketing.
Number of backlinks of your website – Backlinks usually represent the trust someone holds in your website and in your content. The more the number of backlinks you get, the higher the people trust you, and vice versa. Therefore if you’re receiving a high number of backlinks, you’re on the right track. However, if you don’t receive a high number of backlinks, then there must be some discrepancy in your planning strategy for digital marketing and you need to work on it.
Does the website of your brand gain more organic traffic or not – The total amount of organic traffic on your website denotes the success or failure of your digital marketing. If your website gains more and more organic web traffic, then your digital marketing strategy is excelling. However, if vice versa occurs, then you need to revamp and develop a new marketing strategy for the digital marketing of your brand.
Tools that can be used to check the key performance indicators (KPIs) for your brand includes:
Google analytics – It helps you check whether the digital marketing of your brand witnesses an increase in website conversions from organic searches. It is also used to track the organic web traffic of your website.
Local Falcon & CallRail – They help you to keep a track record of your local rankings.
Google search console – It helps to keep a trap of the ranking of your keywords and your total click volume. They can be used to check the relevance of the keywords for the target audience of your brand.
Thus, you can follow the above mentioned steps to get started with the digital marketing of your brand. However, there are various mistakes that we should avoid while getting started with digital marketing. Let us discuss the same in the next part of the article.
Activities to set up digital marketing
We have just now understood the steps to set up digital marketing for lawyers. But another vital question which remains is ‘what activities to do in order to set up digital marketing?’ In this part of the article, we will focus on some of the activities that can be done to set up digital marketing of your brand. However, the readers should keep in mind that the list of these activities are not exhaustive in nature. They include:
Webinars
Webinars are meetings, conferences, presentations, etc. which are conducted in an online mode, making the use of the internet. They can be on an informative topic as well. It can basically be on any topic and can be of any kind. It is similar to that of a seminar, but in an online mode. It helps the people participating in the webinars to participate in it from any corner of the world. It puts all the participants in a virtual classroom to share the required intent with the help of the internet. They are often done with the help of virtual classroom software.
Webinars are a way to do digital marketing. You can do webinars on the topic which interests and drives your potential clients. You can showcase your talent and service to those people attending your webinar. You can further offer them your combo packs, offers, discounts, etc., amongst others things to further promote your brand through webinars.
Blogging
Blogging refers to the self publication of your writing, photography, and other forms of content over the internet. The word “blog” is a combination of the words – “web” and “log”. Important characteristics of blogging include regular updates, a laid-back atmosphere, important hacks and techniques, informal language, amongst other things.
Blogging can be done for digital marketing. The most important reason regarding the same is that blogging attracts a high level of potential client engagement. The informal, and easy to understand language of the blogging, used along with the current trends helps in attracting more and more potential clients. Further, it helps you to showcase your brand and your skills to your potential clients.
Strong LinkedIn presence
The most important social media platform for a lawyer is LinkedIn. Therefore, the use of LinkedIn by lawyers can also be done for digital marketing. You can regularly post informative content regarding your practice area on LinkedIn. Further, you can also post about your brand and its success on the application. For example – if you get a favourable order, you can post the same, and the hard work to achieve it. This also attracts potential clients. Further you can also reach your potential client through LinkedIn, as some of them also post about their issues on the application, and if the said issue by an individual falls within the purview or interest of your area of practice, you can initiate a conversation from there as well. Therefore, a strong LinkedIn presence for doing digital marketing of your brand is a very good idea to continue for lawyers.
Providing internships
Another way of doing digital marketing for lawyers is by providing internships to students. Many great lawyers are known and are very popular amongst students because they provide batches and batches of internships. This also helps in digital marketing, as you can also ask your interns to post about you on their social media platforms. Also, the students can further help you to bring clients.
Selling Courses
Another way of doing digital marketing is by selling online courses on your subject matter or area of practice. You can make informative lectures and study materials with respect to your area, for a vast audience – students, researchers, academicians, practitioners, etc. This will also give a boost to your brand as it will reach various people. What you can also do is to add a little bit of promotional content regarding your brand in each such courses and content. Further you can add your contact details. This will also help in digital marketing of your brand and attracting potential clients.
Setting up a YouTube channel
Another important method of carrying digital marketing is by starting a YouTube channel of your own. You can start your own YouTube channel based on your area of practice, or based on your brand. You can regularly post informative videos on areas of your interest or practice. You can also post content on how to go about in a legal conflict or issue. You can also post there about your court proceedings, current cases, your approaches to legal issues, etc. This will help in attracting target clients. It will also give a boost to your brand. Further, it can also become a source of income for you if you gain the prescribed limit of subscribers and views.
Presence on other social media presence
Apart from the presence on LinkedIn and YouTube, another successful way of doing digital marketing of your brand is to set up your presence on other famous social media platforms as well. They include Instagram, Facebook, X (formerly Twitter), etc. You can post about your brand and other informative content on these social media platforms to attract your target clients. Further, you can make use of the current trends, meme templates, etc. to post on these social media platforms. If done correctly, it helps you gain popularity within a very short span of time.
Mistakes to avoid in digital marketing
Digital marketing has become a very important aspect of every brands’ life. It is used by various brands. There are digital marketing guides for various professions to help the professionals get started with digital marketing. However, at the same time, there are various mistakes that one should avoid while doing digital marketing. Some of the said mistakes include:
Remaining inconsistent with the digital marketing strategies;
Focusing more attention on methods of traditional marketing;
Feeling to understand the demand of potential client;
Undermining the power of online client reviews.
While these are some of the major mistakes that an individual should avoid in digital marketing, still the list of such mistakes is not exhaustive. There are other important mistakes that shall be avoided in digital marketing as well. However, at this juncture, we will discuss in detail these mistakes which have to be avoided in digital marketing. The next part of the article discusses the same only.
Remaining inconsistent with the digital marketing strategies
This is among one of the major problems that brands face when they start digital marketing. They do not remain consistent with their approach in digital marketing. Sometimes they stop midway when their performance is stagnant for some time. But this is where they need to keep the most patience, because just like other times, this shall pass too. Brands need to understand that highs and ups come in business, but they shouldn’t stop their hard work. They should always remain consistent with their digital marketing strategies.
Another important reason why brands should remain consistent with their digital marketing strategy is that trends change in the blink of an eye, and therefore, brands also need to remain updated with the current trends so as to connect with the target audience in an engaging way. Further, if brands need to remain updated with the current trends, then they have to remain consistent with their approach in digital marketing.
Also, remaining consistent helps the brands to gain more followers, target clients, business, etc. People tend to choose someone who is readily available for them, rather than someone who is inconsistent in its approach. Also, the mechanism of this fast-paced world is such that if you do not remain consistent in your approach, you will fall behind. If you will not remain consistent with the digital marketing of your brand, another competitor of yours will, and they will derive benefit from the same. Thus, we can understand that in order to make your digital marketing successful, you should never lag on anything, and you should also remain very consistent with your marketing strategies.
Focussing more attention on methods of traditional marketing
Another mistake which brand owners make while setting up digital marketing for their brand is that they focus their attention more on the methods of traditional marketing. This is a very incorrect approach. For example – some of the ways to promote traditional marketing is to print your advertisement in the newspaper, distribute your handouts, or advertise yourself on billboards present on major roads. If we use any of these methods for traditional marketing, supposedly through distribution of paper handouts, then there are chances that it would help your brand. But, what is certain, is that it won’t help in the digital marketing of your brand. It’s because digital marketing isn’t the same as traditional marketing. Through the paper handout, one might get to know about your brand, but it won’t be spreading digitally to your target audience to make the digital advertising of your brand a success. Thus, focussing more attention on methods of traditional marketing will not help your brand to grow digitally.
Thus, we can understand that trying to do digital marketing the way traditional marketing is done is not a good approach because both of these types of marketing are different and they use different kinds of methods to reach the customer. For the business of digital marketing to grow, a brand needs to set up the same while keeping in mind the conditions beneficial for digital marketing. The brands need to take cognisance of the fact that what is helpful in traditional marketing, does not necessarily support digital marketing as well. Both these kinds of marketing are different and they need different approaches.
Traditional marketing does not make use of internet or digital media as much as digital marketing does. Things which are beneficial for traditional marketing might turn up to be very harmful for digital marketing. Therefore, while setting up digital marketing for your brand, you should pay attention to strategies which have been proven to be beneficial for digital marketing, and not to those strategies that were helpful in traditional marketing.
Failing to understand the demand of potential client
One of the most important factors relevant to digital marketing is to understand the demand of your potential client. Posting and advertising any product or service which is not reaching the right audience is as useless as not advertising it. Or maybe posting the right product or service, but not having the target audience is also as useless as doing nothing. In both of the scenarios, only manpower and other resources of the brands are getting used, without giving any result. Therefore, it is important for digital marketing to first understand the demand of your potential client. Once you understand the demand of your potential client, it becomes easy for you to make your digital marketing successful.
Underestimating the power of online client reviews
Underestimating the power of online reviews given by your client is another mistake which is made by many brands opting for digital marketing. Brands today need to understand that client review has become the need of the time. People trust your brand by reading reviews of the client. If there are no online reviews of your client, people might not trust you, no matter how good you are at your job. Since most of the things these days have been operating digitally, client review is a way to understand the truthfulness and reliability of your brand or service. People tend to look for client reviews and ratings to avoid being scammed digitally.
Before opting for a brand or any service online, customers tend to check their online reviews by their previous clients to get an exact grasp of the business. Client reviews help an individual to differentiate between scam business and original business. Therefore, client reviews are very important for your digital marketing, and the power of the same should never be underestimated.
Conclusion
Law is a noble profession and everyone has the right to information as well as the right to freedom of expression. The Hon’ble Supreme Court has also recognised that advertising comes under the right to freedom of speech, in the case of Tata Press Limited vs. Mahanagar Telephone Nigam Limited & Ors. [1995 AIR 2438], Thus, lawyers have the right to digitally advertise themselves on the internet. However, the said rights of the lawyer is subject to several statutes under the Bar Council of India Rules and Advocates Act, 1961.
In India, lawyers and advocates also engage in advertising through indirect mechanisms such as conferences, paper publishing, seminars, etc. Apart from these, lawyers are also free to advertise their information on the internet (subject to the 2008 Amendment Act). However, the rules are still stringent for lawyers to advertise their brand.
Still, lawyers have found several ways through which they advertise their brand such as legal awareness videos and social media platforms, content writing on contemporary issues, etc. LinkedIn plays a very important role for advertising the brand of lawyers. However, all these forms of advertising have their loopholes through which they are allowed. But if we look at it through a legal lens, we will find it discriminating for lawyers with respect to modes and manners of advertising. Further, it also affects our right to livelihood amongst other things.
Thus, effective statutes and guidelines should be built with a view to remove the ban on legal advertising and it should be permitted through all the mediums on all the platforms. However, at the same time, rules and regulations should be made to prevent misleading legal advertising.
Frequently Asked Questions (FAQs)
Is legal advertising completely banned in India?
No, legal advertising is not completely banned in India. Though the Bar Council of India Rules prohibit legal advertising, the 2008 amendment allowed advocates to furnish their information on a website, subject to the rules of the Bar Council of India.
What is the best social media platform for lawyers to advertise their brand?
There is no particular social media platform which has been tagged as the best platform for lawyers to advertise their brand, however, there are various social media platforms on which lawyers can advertise themselves. The top social media platform includes LinkedIn, Facebook, Instagram, YouTube etc.
Is client review important for digital marketing of your brand?
Yes, facilitating client review for digital marketing of your brand is very important. It makes your brand more trustworthy and reliable and attracts more customers towards your brand.
Is digital marketing beneficial for lawyers?
Yes, digital marketing is beneficial for lawyers. It gives them an edge over their competitors.
Is digital marketing very costly?
No, digital marketing is very economical in nature. It incurs a very small amount of establishing cost, and in return, pays back a lot.
Can an advocate publish that he was or he is a member of any Bar Association? Will this be a violation of Rule 36 of the Bar Council of India Rules?
As per the 2008 amendment to the Bar Council of India Rules, the advocate can advertise the name of the bar association of which the advocate is a member. This will not be a violation of Rule 36 of the Bar Council of India Rules.
What is the difference between digital marketing and traditional marketing?
Just like traditional marketing, digital marketing is also promotion of brands. The main difference between digital marketing and traditional marketing is that traditional marketing is done in traditional ways, while digital marketing is done through the use of digital media for the promotion and advertisement of brands to reach a potential client base.
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