This letter from SILF refers to the BCI’s recent announcement, as exclusively reported by sources, stating that it plans to notify and implement the new regulations governing foreign lawyers and law firms by the end of July.
NEW DELHI: Lalit Bhasin, President of the Society of Indian Law Firms (SILF), has written to the Bar Council of India (BCI) Chairman Manan Kumar Mishra, requesting a discussion on the amended rules permitting the entry of foreign lawyers and law firms before these rules are officially notified.
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This letter from SILF refers to the BCI’s recent announcement, as exclusively reported by sources, stating that it plans to notify and implement the new regulations governing foreign lawyers and law firms by the end of July.
The BCI made this announcement during a meeting with the Law Society and the Bar Council of England and Wales at the Law Society’s Hall in London. Initially, the Indian legal market will be opened exclusively to lawyers and law firms from the United Kingdom (UK).
Subsequently, a press release dated March 19, 2023, issued by the BCI, indicating that foreign law firms would be permitted to establish offices in India solely to advise their foreign clients on foreign laws.
Despite this, the Rules not put into effect due to objections raised by the Society of Indian Law Firms (SILF). Additionally, the Law Society and the Bar Council of England and Wales sought further clarification on the regulations.
A petition also filed in the Delhi High Court challenging these Rules.
The initiative to liberalise the Indian legal market gained momentum in March last year when the BCI issued the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.
This was followed by a March 19, 2023 press release from the BCI stating that foreign law firms would be allowed to establish offices in India solely to advise their foreign clients on foreign laws.
BCI Chairman Manan Kumar Mishra elaborated on why the 2023 Rules have not yet been implemented. He emphasized that the BCI open to allowing the entry of UK lawyers and firms into the Indian legal market.
However, a significant concern for the BCI the potential entry of international law firms headquartered in London into India. Currently, the BCI intends to open the market exclusively for British lawyers and firms, while firms from other jurisdictions can only operate in India on a ‘fly-in, fly-out’ basis.
Subsequently, SILF sent a representation to the BCI outlining its concerns regarding the opening of the Indian legal market.
While SILF expressed its support for the initiative to allow foreign lawyers and firms to practice in India, it raised issues concerning the timing and implementation of this move.
In its July 1 letter to the BCI, SILF noted that these concerns were not discussed and that the rules were being formulated without consultation with SILF. The letter states,
“It may be useful and fruitful to discuss the revised version with SILF members before the said revised rules are notified so as to avoid any ambiguity, omissions and deficiencies.
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It will be in the fitness of things if the proposed Revised Rules are shared with SILF. We are available for any discussion at your convenience.”
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