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Opening a law firm is a great idea. Not only will you get to be the ‘boss’ of your legal business, but you will also generate employment in the country by hiring individuals to work for you.
If you’re a lawyer who is planning to open a law firm, there are a few things you need to know. This article will serve as a guide for you so that you can learn how to open a law firm in India.
Eligibility Requirements to Open a Law Firm
Before we begin to discuss the process for how to open a law firm in India, we must make sure that you are eligible to open a law firm in India. Let’s check the eligibility criteria for opening a law firm in India:
If any of these conditions aren’t fulfilled, you must fulfill them before you can open a law firm in India.
Now, if you’re met this eligibility criteria for opening a law firm in India, it’s time for you to know the process for how to open a law firm in India.
Selecting the company registration and business structure that works best for you and your unique situation is crucial. The State Bar Council's registration of all members as practicing advocates is the primary prerequisite for registering a law firm.
In India, there are primarily three categories of legal business structures namely sole proprietorship, partnership and limited liability partnership.
Being the sole owner of the business in a sole proprietorship, you are the boss of the company and you get to keep all the profits. Also, start-costs are law and you get maximum privacy. You can easily change the legal structure if circumstances change and also easily wind up your business.
No registration is required for sole proprietorship law firms. However, it is important to note that in a sole proprietorship, the proprietor is responsible for their own debts.
The business model of a partnership firm can also be adopted to start a law firm if you’re interested in running it along with the partner. The Indian Partnership Act of 1932 governs partnerships in India. A partnership firm does not have to get registered because there are no repercussions for not doing so.
In a limited liability partnership (LLP), the partners have limited liability unlike in the case of sole proprietorship. In an LLP, no partner is liable for another partner's misconduct or negligence.
Unlike sole proprietorship and partnership firms, LLPs are required to get LLP registration. For an LLP registration, you must apply for a Designated Partner Identification Number (DPIN), and then you must get a Digital Signature Certificate (DSC). Following your DSC application, you will be required to provide a unique and appropriate name for your LLP Law Firm. This name will be needed at the time you submit your incorporation application to the Ministry of Corporate Affairs (MCA).
The Certificate of Incorporation would be authorized at the conclusion of this procedure. Thereafter, it is necessary to have the LLP name approved by the Ministry of Corporate Affairs. Additionally, each LLP needs to register for a Tax Account Number (TAN) and Permanent Account Number (PAN).
Once you have decided the law firm business model you want to go for and then registered it, you can start with your legal practice by taking up legal cases.
To protect your firm against any professional liability, having professional indemnity insurance is recommended. Additionally, you must make sure that your law firm complies with all the rules and regulations which are established by the Bar Council of India.
It is extremely important to develop a business plan for your law firm. At the same time, you need to be very careful while developing such a plan. Lawyers or legal practitioners cannot solicit or advertise their work unlike doctors and hospitals, who can publish advertisements, according to the Supreme Court and Bar Council of India. But lawyers can still have their online presence through social media platforms like LinkedIn and websites where they can showcase their awards, share legal awareness topics with the general public, etc. This will allow people to learn how experienced lawyers are.
As a lawyer, you must always focus on networking and building relationships with your clients and providing them with valuable legal services. You can also participate in legal events. The more presence you have in the market, the more likely you are to get legal business.
You can also get involved in social work and help weaker sections of society. It’ll help you to build a good reputation which is extremely important for a lawyer. If you help your clients, they will surely give good feedback about your work to others.
As a lawyer, you must always make sure that you are complying with the provisions and terms of the Legal Services Authorities Act of 1987. By doing this, you will guarantee that your legal services are provided in the most morally responsible way possible and that all your clients receive legal assistance which is both professional and reliable.
Conclusion
Every legal structure has its own advantages and disadvantages as well as registration requirements. It is crucial to take these significant aspects into account while selecting the best legal structure for your law firm. It can also affect management, finances, taxation, and other duties based on the type of ownership structure you select for your business. If you’re confused regarding how to open a law firm in India or the type of business structure you should choose to open a law firm in India, get in touch with Registrationwala.
Hey there, I'm Dushyant Sharma. With the extensive knowledge I've gained in past 8 years, I have been creating content on various subjects such as banking, insurance, telecom, and all the important registration and licensing processes for various companies. I'm here to help everyone with my expertise in these areas through my articles.
