SILF President Lalit Bhasin said the Bar Council’s decision to allow foreign law firms is premature. He supported the idea but stressed that the Advocates Act should have been amended first for proper implementation.
Lalit Bhasin, President of the Society of Indian Law Firms, has stated that the Bar Council of India’s (BCI) decision to permit foreign lawyers and law firms to operate in India is premature.
Bhasin outlined his reasoning, saying,
“Firstly, because the matter is still sub-judice before the Delhi High Court. Secondly, in view of the Supreme Court judgment in BCI vs AK Balaji, it was held that foreign lawyers cannot practice law in Indiaany type of practice, whether litigation or corporate. That was made clear.”
He emphasized that a logical step would have been to amend the Advocates Act of 1961 first.
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He noted,
“The present Act says that only Indian citizens can practise law in India, which is what the Supreme Court has held. To overcome the Supreme Court judgment, the Act should be amended. It’s a simple amendment. Let it remain that the practice of law in India is confined to Indian citizens, but the Bar Council of India may frame certain rules and regulations that also permit foreign lawyers to practice in India. It’s such a simple thing that has not been done,”
Bhasin clarified that he is in favor of allowing foreign law firms into India.
“We have been saying that we want the foreign lawyers to come. Let them come; we will have healthy competition, and there will be more learning experiences on both sides.”
However, he cautioned that any adverse ruling by the Court could create difficulties for the government, the BCI, and even foreign lawyers.
He pointed out,
“That is why we have seen that despite various attempts by BCI, hardly any presence of foreign lawyers is known,”
On May 13, the BCI notified the amended Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, which were initially announced on March 10, 2023.
A press release issued on Wednesday stated that the primary goal of the amended rules is to protect the interests of Indian advocates while regulating the practice of foreign and international law in India.
The rules clarify that foreign lawyers will be limited to non-litigious areas involving foreign law, international law, and arbitration matters, especially regarding cross-border transactions and international disputes. They are strictly prohibited from appearing before Indian courts, tribunals, or any statutory or regulatory authorities.
Permitted areas of practice include:
- Engaging in corporate legal matters such as joint ventures, mergers and acquisitions, intellectual property, drafting contracts, and related transactional work.
- Representing clients in both institutional and ad hoc international arbitration cases conducted in India, which may involve foreign law, international law, or laws from jurisdictions outside their home country.
- Providing legal advice and opinions regarding the laws of their country of primary qualification, international law, and foreign laws from other jurisdictions.
- Offering legal expertise and advice and appearing as lawyers for entities with a principal office or address in their country of primary qualification or any other foreign country.
- Delivering legal expertise and advice concerning the laws of their country of primary qualification, as well as international law and foreign laws from other jurisdictions, excluding representation or document preparation for submission to Indian courts or forums.
Furthermore, foreign lawyers can open offices in India, provided they inform the BCI of the office details. They may also engage Indian advocates registered as foreign lawyers and/or Indian-Foreign law firms.
Additionally, they can hire Indian lawyers enrolled under the Advocates Act for advice on Indian law, although these Indian lawyers cannot represent clients of foreign lawyers and firms before courts or tribunals.
Indian lawyers or firms may partner with foreign lawyers or firms only if they are registered under these rules. However, Indian lawyers and firms can receive referred work from foreign lawyers or law firms without needing registration under these rules.
Lastly, Indian lawyers may work as employees, consultants, or advisors in foreign law firms abroad without requiring registration under these rules.
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