Rise of Criminal Attorneys in Top Four Corporate Law Firms
In today's complex business landscape, the role of criminal lawyers has evolved significantly. They are no longer confined to courtrooms, but are increasingly becoming integral members of corporate compliance teams.
One of the key areas where criminal lawyers are making a mark is in tax disputes. They interpret tax as a legal imposition subject to constitutional scrutiny and can raise challenges based on various constitutional articles. In addition, they are handling summons under Section 131 of the Income Tax Act and advising on GST fraud under CGST Act provisions.
Criminal lawyers are also playing a crucial role in anti-corruption compliance. They are designing due diligence protocols and advising on the implementation of anti-bribery policies under the Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act.
In investigations conducted by agencies like the Central Bureau of Investigation (CBI), Enforcement Directorate (ED), Serious Fraud Investigation Office (SFIO), or state police economic offences wings, criminal lawyers are the only ones who can receive confidential information from clients without fear of compelled testimony or evidentiary breach. This is due to legal privilege, a safeguard that belongs exclusively to advocates under Sections 126-129 of the Indian Evidence Act, 1872.
In the aftermath of whistleblower complaints, third-party due diligence under anti-bribery statutes, data privacy incident response, and cybercrime advisory, criminal lawyers are indispensable. They are responding to ransomware, data theft, and phishing incidents and are interfacing with CERT-In and police cyber cells.
The Supreme Court has observed that foreign law firms can offer non-litigation services through partnerships, and Indian law must allow criminal lawyers to be full-time employees in regulated environments like Big Four firms, subject to ethical safeguards. In line with this, criminal lawyers are being rapidly integrated into the Big Four firms (Deloitte, PwC, EY, KPMG) as they have expertise in trial advocacy, custodial risk, digital forensics, and judicial review.
Within these firms, criminal lawyers are now proactively designing frameworks to prevent criminal liability, identify red flags, and fortify clients' positions before regulators arrive. They are prepared for Section 276-C prosecution defenses, as many tax offenses such as willful concealment, false statement, or abetment are criminalized under Sections 276 to 278 of the Income Tax Act.
Criminal lawyers are also advising on IT Act compliance and Section 43A liabilities. Nidhi Malhotra, the Legal Manager – Governance, Risk and Compliance at Cyterico, is one such professional who is at the forefront of this transformation.
In conclusion, the role of criminal lawyers in modern corporate compliance is not just essential but indispensable. Their expertise in rules of evidence, admissibility, search-and-seizure jurisprudence, and privilege gives them a critical advantage in managing enforcement exposure. As the business world becomes more complex and the risk of regulatory scrutiny increases, the importance of criminal lawyers in corporate compliance teams will only continue to grow.
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