With the integration of the world economies, legal professionals must have an international perspective. It is in this context that a Masters in Law (LLM) Degree from abroad acquires significance.
In recent years, law has become an increasingly global profession. In most areas of legal practice, there is now an international dimension that did not exist 20 years ago. Although there are several legal systems in the world which are distinct from each other, given the increased interface of two chief legal systems – Common Law and Civil Law, there is a strong argument in favour of a Masters degree from abroad.
Most LLM programs of countries like UK, USA, Australia, are geared to meet the demands of international education and hence attract students from diverse backgrounds from across the globe. Lawyers decide to pursue an LLM from abroad for a variety of reasons and in different phases of their career. Therefore, one will find fresh law graduates, partners or associates of law firms, judges, corporate counsels and professors pursuing an LLM, among others.
There was a time when candidates pursued an LLM from abroad only to familiarise themselves with another legal system or to establish themselves in the field of teaching. However, today there exist a variety of factors which favour a foreign LLM:
This leads us to the age-old debate of the quality of higher education from abroad as compared to that of India. Usually, the top universities or colleges of countries like USA and UK boast of experts and eminent thinkers as faculty members or guest lecturers. Additionally, high quality infrastructure, extensive legal databases and impeccable reputations offered by these institutions act as a lure for most Indian aspirants. Even the quality of classroom interaction is considerably high. Shamnad Basheer, LLM from Oxford (UK), Ministry of HRD Professor in IP Law, National University of Juridical Sciences, Kolkata, elaborates, “Apart from the ‘signalling’ effect that such degrees have on foreign employers, whether such a degree is likely to intrinsically improve one’s qualities and churn out a ‘better’ lawyer will again depend on the University and program in question. I think it is reasonable to expect that a good University from the US or UK is likely to expose the student to a different educational methodology and a more rigorous academic program. In particular, in so far as specialised and new disciplines such as competition law are concerned, there is really a dearth of good faculty and good programs in India, and a foreign specialisation is likely to help a candidate appreciate the nuances of this complex discipline that requires a good grounding in both law and economics. Further, foreign degrees from good Universities are extremely good for those with academic or research ambitions and also for those interested in future policy work that is likely to involve a more intense focus on the ‘macro’ aspects of the law. Although, current national law schools may be somewhat decent in their LLB programs, they are pathetic when it comes to higher degree programs such as LLMs, M Phils and PhDs. Given that such higher degrees are a must for those interested in academia and legal research, they will find it far more useful to do this abroad than waste their time in India.”
Although, current national law schools may be somewhat decent in their LLB programs, they are pathetic when it comes to higher degree programs such as LLMs, M Phils and PhDs. Given that such higher degrees are a must for those interested in academia and legal research, they will find it far more useful to do this abroad than waste their time in India.
It is widely felt that an LLM from an Indian university or law school is handicapped by poor facilities and lack of a structured curriculum, especially for the new and emerging areas of law. Although it would not be fair to make a generalisation, it would be safe to say that LLMs offered even by the top Indian law schools or universities are not at par with the LLM programs offered by top Universities of US and UK. This disparity is summed up by Jayshree Navin Chandra, LLM from Faculty of Law, Delhi University, Managing Associate, Zeus Law Associates, New Delhi, “The curriculum offered for LLM by most Indian Universities, including even the premier ones is not up to date and thus, those aiming to obtain specialisation in a particular vertical viz., IPR, corporate, taxation, banking and securitisation or cyber law, often face disillusionment. A better quality of classroom interface and an opportunity to interact with eminent thinkers or guest lecturers from outside faculty (India or abroad), which a person pursuing LLM looks forward to, is also regrettably missing even at LLM-level in India. As regards the value of offshore LLM degree, pursuing it from any of the top rank universities surely add to the curriculum vitae of those looking at exposure to a different legal system and provide some leverage for placement in big sized firms in India.”
The curriculum offered for LLM by most Indian Universities, including even the premier ones is not up to date and thus, those aiming to obtain specialisation in a particular vertical viz., IPR, corporate, taxation, banking and securitisation or cyber law, often face disillusionment. A better quality of classroom interface and an opportunity to interact with eminent thinkers or guest lecturers from outside faculty (India or abroad), which a person pursuing LLM looks forward to, is also regrettably missing even at LLM-level in India. As regards the value of offshore LLM degree, pursuing it from any of the top rank universities surely add to the curriculum vitae of those looking at exposure to a different legal system and provide some leverage for placement in big sized firms in India.
At this juncture, it would be not be out of place to mention the Masters degrees offered by some of the top Universities of US, popularly referred to as the ‘Ivy League’, viz. Brown University, Columbia University, Cornell University, Dartmouth College, Harvard University, Princeton University, University of Pennsylvania, and Yale University. An LLM from these Universities is considered priceless since these institutions stand for academic excellence, selectivity in admissions, and social elitisim. The same applies to ‘Oxbridge’, a term used to refer Cambridge University and Oxford University of UK collectively, often with implications of perceived superior intellectual or social status. These Universities are considered more ‘marketable’ as opposed to lesser-known law schools and colleges. As Basheer explains, “There is no doubt about the fact that a foreign LLM signals out a higher degree of qualification and perhaps even specialisation to a potential employee and therefore increases job prospects in India. However, a lot depends on which university the foreign LLM is procured from. A degree from a US Ivy League University or from Oxbridge will certainly place a candidate in a much better stead with Indian employees than LLMs from other Universities: apart from the sheer academic rigour to which candidates are expected to be exposed to at such universities, part of the reason may be the ‘snob value’ attached to such degrees. It also depends on the area of specialisation: and if one picks Intellectual Property (IP), then a degree from GWU which is not exactly an Ivy League University but is rated as one amongst the top 3 IP universities in the US would still improve employment prospects significantly with IP firms in India.”
To state the obvious, a degree from abroad offers cultural and linguistic diversity, as well as tremendous networking opportunities for a legal professional. It also goes a long way in broadening one’s horizons and proves to be an intellectually stimulating or challenging experience for many. Basheer points out, “Most importantly perhaps, the value of a good foreign degree lies in the fact that it exposes the candidate to a diversity of views from across the globe and to this extent improves their ‘international’ perspective. With globalisation now a given and transnational transactions increasing, such exposure is likely to prove a key asset to any Indian firm. Apart from this, it really broadens the mental horizons and cultural sensitivities of candidates and is likely to make them more broadminded and less petty in their thinking, which I personally think is the most useful thing that one can hope for out of any good foreign University program that attracts talent from around the world”.
Similar sentiments are expressed by Pooja Dodd, LLM from Franklin Pierce Law Center (USA), Chief
Guru, IP Gurus, New Delhi, “A Master’s degree widens your horizon, sensitises you to different cultures (which comes in handy when involved in international transactions), helps you build an international network across various countries. And of course, you make some very close friends for life.”
Many of the benefits of pursuing a foreign LLM are, therefore, intangible. For some it is an intellectual exercise, while for others it is the prospect of interacting with expert faculty members and fellow students which is appealing.
Pursuit of an LLM program from abroad requires commitment of both money and time. The financial cost of an LLM degree from abroad is particularly high. The LLM aspirant has not just to worry about the direct cost, viz., tuition fees, student fees, etc., but also the indirect costs, viz., the cost of living. Since most LLM programs abroad are for a period of one year, it is said that a substantial indirect cost of a full-time LLM abroad is the “opportunity cost” or the money foregone or loss of earnings which one would have earned while working for that duration. Moreover, student loans with low interest rates and no security are hard to come by. Financing a foreign LLM thus becomes difficult.
It is imperative to bear in mind that possessing an LLM from abroad is not a guarantee of success in the Indian legal market. To have a better understanding of employment prospects in India, LLM aspirants should understand that in addition to an LLM degree from abroad, their work experience and educational credentials prior to the LLM also play a crucial role in getting the desired opening.
From an Indian law firm perspective, it is often felt that a foreign LLM degree will not help if you choose to come back to India immediately after the LLM program. A foreign LLM will be useful if it is also coupled with work experience from an international law firm. Similarly, the foreign LLM may have some value for a MNC and/or an LPO in India, but even there, a lot will depend on the work experience gained in India prior to the LLM. As Dodd explains: “Returning to India with a foreign LLM degree may not enhance career prospects. As an employer I would prefer work experience over a Masters degree, for what is learnt in a classroom does not compare with what is learnt practically on the job. It is important to keep in mind that a foreign LLM is no longer a novelty and thus, it is essential to set yourself apart. In order to gain mileage in the Indian market, it is absolutely essential to gain work experience after completing a LLM from a foreign school. Getting admitted to a Bar is an added advantage as foreign clients tend to gain comfort knowing that you are admitted in their jurisdiction.”
Further, for the majority of lawyers interested in the practice of law, pursuing an LLM from abroad is not an appealing option. A foreign LLM may enhance one’s legal knowledge or acumen, but it does not help a lawyer who aims to start a litigation practice.
At the end, what truly matters is the ability to think logically and interpret well. This sentiment is perhaps best summed up by Chandra, “As for me, pursuing LLM from abroad was never on my radar. Though in the Indian legal market a foreign LLM degree may give an edge at the entry level, the key to flourishing in corporate practice is ‘aptitude’. If you have the aptitude to interpret and apply the laws, nothing can stop your growth”.
Pooja Dodd LLM from Franklin Pierce Law Center (USA) Chief Guru, IP Gurus, New Delhi
TA Master’s degree widens your horizon, sensitises you to different cultures (which comes in handy when involved in international transactions), helps you build an international network across various countries. And of course, you make some very close friends for life.
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