[Exclusive] Interview with Legal Stalwart John B Quinn, Founder & Chairman, Quinn Emanuel Urquhart & Sullivan LLP on BCI Rules on Entry of Foreign Law Firms: Challenges and Opportunities, Watch Video

We present our exclusive interview with John B. Quinn, a legal luminary and the Founder and Chairman of Quinn Emmanuel Urquhart and Sullivan LLP. Quinn Emmanuel is the world's largest law firm specializing solely in business litigation and arbitration. This interview was conducted by Divyansh Hanu Rathi, Founder of LatestLaws.com.

About John B. Quinn:

John B. Quinn is internationally recognized as one of the pre-eminent trial lawyers globally. He consistently ranks as a 'band one' attorney by Chambers USA for his outstanding work in general commercial and trial litigation. In 2009, he earned the title of California Attorney of the Year from California Lawyer, in recognition of his exceptional contributions to intellectual property law. Quinn's accolades go beyond California, with Euromoney Institutional Investor hailing him as one of the leading litigation lawyers and listing him in their Best of the Best Global Expert Guide 2018.

As the founder and chairman of Quinn Emanuel Urquhart and Sullivan LLP, his firm represents an array of high-profile clients, including Twitter, Tesla CEO Elon Musk, Google, Sony, Samsung, Citadel, and SoftBank. Under his leadership, the firm has expanded to 33 offices in 13 countries across four continents, boasting a team of over 1,000 lawyers and annual revenues exceeding $2 billion. In 2020, a survey by BTI Consulting of over 300 legal decision-makers crowned Mr. Quinn's firm as the 'most feared law firm worldwide.' Mr. Quinn is also the presenter of the popular broadcast 'Law Destructive.'

It is our distinct privilege and honour to interview him as we delve with him into the challenges and potential of the Bar Council of India’s decision to open the Indian legal system to foreign law firms and the expectations of his law firm from the Indian Legal System and BCI rules.

Full interview:

Divyansh: How has your experience been with developing countries that have opened their legal industry to foreign law firms, in comparison to countries that are yet to open their legal industry to foreign law firms?

J. Quinn: Well, thank you, Divyansh. It's very nice to speak with you, to meet with you, and to be on this program with you. Thank you very much. Look, we have experience with law firms, I mean jurisdictions where foreign law firms can open offices and where they cannot open offices. In both situations, we tend to work with local firms. I don't know that in many cases it simply doesn't make that much difference. We have a major practice in Korea, for example; it's our largest practice in all of Asia. Under the law there, you can have a local office. We've chosen not to have a local office; instead, we've made a strategic decision to get close to and partner with the major law firms.

So, I don't think it's a one-size-fits-all answer. It's going to be very different by jurisdiction. By jurisdiction, I mean the one common factor, I would say, is that for us, it's important to have friends on the ground in the local bar.

Divyansh: Absolutely correct, local collaborations are what you look forward to. What do you think attracts foreign law firms to India's ever-growing and evolving legal industry?

J. Quinn: Well, of course, we're a litigation firm. We only do disputes work. We don't do deal work, we don't do M&As, we don't do capital markets work. And under the proposed rule changes in India, I'm actually not sure if they've been implemented or not. But if foreign law firms could not open offices to actually litigate in India and to practice Indian law, so for us, it really doesn't make that much of a difference. The way we would approach the market is we're not looking to open a local office. We're looking to be available and get to know Indian multinational firms, tech firms, the things that Indian businesses do so well, and help them with their issues abroad in cross-border disputes and, arbitration disputes, and the like.

Divyansh: So developing on what you have said, what was your first reaction to the Bar Council of India Rules that allowed entry of foreign law firms from worldwide on a reciprocation basis?

J. Quinn: It's about time, was my reaction. I think people exaggerate the importance of this. Look, I can remember 25, 30 years ago when in Japan they first opened the market in Japan, and people were worried, oh, it's going to be the end of the big Japanese four law firms in Tokyo. Foreign firms will come in and swoop in and hire away all the big rainmakers. Guess what? 25, 30 years later, the same four firms are the major firms in Tokyo. Really, the presence of international firms has not made that much difference. I think there's plenty of work for everyone. And by partnering with local firms and international firms, I think there's a benefit to the firms and the clients that if you work together, you're able to provide better service to clients.

Divyansh: With the coming of these rules in India, there has been opposition from different fronts who have opposed the entry of foreign law firms. What would be your message to such opposition? What would be your word of wisdom for that?

J. Quinn: Well, I guess it's understandable in the sense that it'll be perceived as a significant change and potentially a threat. But I really don't think international firms are going to take away a lot of the business of the major Indian companies, multinational companies and high-net-worth individuals. The Indian companies, and law firms are much better positioned to service those clients, but they'll have a need to work with international firms and vice versa for the international firms and the local firms. So I guess my advice would be that I think it's more of an opportunity than a threat, frankly.

Divyansh: What are the emerging areas of law in India which you see are going to attract law firms like you and the other big law firms who have different offices worldwide? So what are the areas going to be of interest?

J. Quinn: Well, the Indian economy, of course, is an incredible growth story. There's enormous accumulations of wealth, and I think we're going to only see more of that. In the Indian economy, Indian large companies are going to project themselves more and more internationally. So I think there's going to be more cross-border international work. There'll be more arbitration work. Foreign companies are going to be reluctant as, for that matter, Indian companies are to resolve disputes in Indian courts. There'll be more and more arbitration, especially in Singapore, which is a favourite venue for Indian companies. Another area where I think that there's going to be growth is the amazing innovation and tech, growing tech community in India, where there are something like 5 million new software engineers graduating from technical schools every year. I suspect we're going to see more international Indian tech companies which will project their marketing and their products and their services beyond India. And so that's going to create opportunities for companies that do intellectual property litigation, tech-related work to service those companies outside India.

Divyansh: What are the technical areas of expertise and practice where you seek your law firm's expansion of its footprint in the Indian legal industry?

J. Quinn: Again, I mean, we're not looking to open an office in India, but as I said, where I think we can be of service to Indian companies and high-net-worth individuals is in arbitration. I mean, we have arbitration practices in London, Paris, New York, Washington, Hong Kong, and we've applied to open an office in Singapore, which, as I said, is very important for Indian companies.

So I think arbitration is one area, and then again, another area is intellectual property, patent litigation disputes, and technology-related disputes. We have the largest patent disputes practice in the world, with patent disputes lawyers in several places in the US and also in Germany and in London, Germany being the second most important forum in the world after the US for the resolution of patent disputes.

So I would say those are two principal areas. But then you're going to have the general cross-border disputes issues, whether they're regulatory issues with governments, disputes with counterparties, joint venture partners, and the like. So our approach there would be, like any other jurisdiction, to help Indian companies avoid disputes and resolve them when they surface.

Divyansh: With the introduction of these BCI rules, foreign law firms have shown interest and have started collaborating with Indian law firms. For example, Dentons has collaborated with Link Legal. So, is it also possible for law firms, or for your firm, to explore similar opportunities in India?

J. Quinn: Well, I mean, we don't form formal alliances with other firms. If that's what you're asking, then we want to be available to have good relations with lots of major firms. So, for example, if it's a Western or US client that needs local Indian help, we will be in a position to select the best firm for that particular matter, for that type of issue, and not be wedded to an alliance with any one particular firm. We want to be available to provide services and help to many different Indian companies and law firms.

Divyansh: Right.

J. Quinn Continues: It's unlikely that we're going to try to form some specific alliance with any one firm.

Divyansh: With the coming of foreign law firms, there will be an increase in competition between foreign law firms and Indian law firms. So what is your take on the competition they will face? Or is it really a competition?

J. Quinn: As I said, I'm not sure if it is a competition actually. I think the international firms and the Indian domestic firms provide different types of advice and services. By definition, if an international firm is involved, there's some international aspect, probably some foreign law aspect to the issue. And the foreign firm may be the best position to provide that kind of advice. But they're going to need the Indian firm on the ground to interface with the client and provide the Indian perspective. So I see those as complementary services and not necessarily as competing services.

Divyansh: Right. With the coming of foreign law firms in India, arbitration forms a very important aspect involving these foreign law firms. Do you anticipate the culture of arbitration will see a big shift in terms of practice and push to make India a hub of arbitration, which it aspires to be: a hub of international commercial arbitration?

J. Quinn: Well, that's a big, look, there's a lot of countries in the world that have tried to establish themselves as international arbitration mean. I live in Los Angeles, California. Several years ago we had a mayor for a while who thought we have all these international communities and businesses coming through Los Angeles, shouldn't we try to make Los Angeles into an arbitration hub? It turns out that's really hard to do. I mean, you have a whole infrastructure. You have a whole international arbitration bar and bench, for that matter, for arbitrators And it's difficult to I mean, the Koreans have also worked very hard at it trying to develop Korea into a new national arbitration center. And I'm not sure how successful that has been. So I would say I think it's kind of a tall order, frankly.

Divyansh: Coming to the Bar Council of India Rules, do you think they need to provide more clarity on the entry of foreign law firms or any additional aspects you think they should have covered or need to cover in the Rules that they have framed?

J. Quinn: Look, I'm not an expert at all on those proposed rules. I'm absolutely not. So I'm not in a position to comment on it. I know a number of Indian lawyers have told me that they think there's a need for more clarity. And I've heard Indian lawyers say there's a need for more guidance. But guidance on what? And clarity on what? I'm not really clear on. It's not something I know very well.

Divyansh: What is your view on the Indian judiciary and its role towards the development of jurisprudence worldwide?

J. Quinn: Well, I think the Indian judiciary does an amazing job with an incredible caseload. Somebody told me there's something like 50 million cases in the courts in India. And these judges who hear these cases in the major commercial courts in Mumbai, for example, every day, they show up to work, and they face a crushing caseload and work extremely hard to make sure that the important issues are addressed. So I have nothing but admiration, based on the reports I've heard, about the job that the judiciary does in India.

Divyansh: The Indian judiciary, under the guidance of the current Honorable CJI Chandrachud, has leapfrogged in terms of development of digital infrastructure like virtual hearings, live streaming or proceedings, live transcription of constitutional bench hearings, and digital courts. Will this proactive approach by the Chief Justice of India help with better integration of foreign law firms in the Indian legal industry?

J. Quinn: Well look, I mean, the Indian business legal community, indeed government services generally, are very sophisticated from a digital standpoint. And I have to believe that that's a good thing and that everyone benefits from that, whether it's foreign law firms or domestic law firms or the litigants themselves.

Divyansh: Where do you see the future of foreign law firms in India and, corresponding to that, the future of the Indian legal industry with the coming of such foreign law firms?

J. Quinn: Well, again, my prediction is that there'll be a very slow uptake on the opportunity to open offices in India. You'll see a few firms do it. I do not believe it's going to be transformational anytime soon or at all. I do think that international firms and domestic firms have an opportunity to work together and provide better services to clients. If you look at the examples of Japan and other countries, the things that members of the Bar lawyers were most concerned about never took place, never happened. And it wouldn't surprise me at all if the same isn't true in India.

Divyansh: What would be your advice and words of wisdom for the young lawyers in India who are looking forward to the entry of foreign law firms in India?

J. Quinn: I don't know that the advice is any different. Whether there are foreign law firms that are coming or not, it's important for young lawyers to get as much experience as they can in as many different areas as they possibly can. In the early part of your career, you want to see a lot of different things, get a lot of different kinds of experiences. Over time, you'll find something that you will specialize in, that you'll become known for and that you'll become an expert in. But early on, you want to have a lot of different types of experiences and see different types of cases and legal problems. And that, I think, is the most important thing to focus on.

Divyansh: What advice would you offer young lawyers starting their careers, especially considering your experience as a trial lawyer? Should they concentrate on a specialization from the outset, or is it advisable to begin in trial courts before transitioning to higher courts in their practice?

J. Quinn: Well, I really don't know the Indian court system well enough to give advice in those terms, the way that you frame the question. But in general, I think you want to get experience, you want to get comfortable. As if you want to be a trial lawyer, you need to get experience and get comfortable on your feet and look for opportunities to do that and raise your hand and say you're interested in doing it. And early on, you'll have to take on less important matters involving less money or where less is at stake just to get that experience. But the experience is getting the experience is what's important.

Divyansh: It was our pleasure to have this opportunity to meet you virtually. And we look forward to meeting you physically whenever you are in Delhi. It will be great to have more discussions on other different topics, and host you for a different session; physical session or seminar, so as to share your wisdom with the wider audience who will be eager to listen to your views.

J. Quinn: Thank you, Divyansh.