UK Bar Council Chair Barbara Mills KC met BCI Chairman Manan Kumar Mishra in India to discuss foreign lawyer regulations, highlighting concerns over client confidentiality and high registration fees, aiming to strengthen UK–India legal collaboration.
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NEW DELHI: In a crucial step toward legal collaboration between India and the United Kingdom, Barbara Mills KC, Chair of the Bar Council of England and Wales, recently visited India to engage with Indian judges, government representatives, and senior members of the Bar Council of India (BCI). The visit aimed to strengthen institutional relationships and address key issues surrounding the opening of the Indian legal market to foreign lawyers and law firms.
During her visit, Mills met with BCI Chairman Manan Kumar Mishra, Vice-Chairman Apurba Kumar Mishra, and Secretary Soumitro Sen. The discussions centered on ironing out issues related to the recently amended BCI Rules, which govern the entry and regulation of foreign lawyers and law firms in India.
Two major points dominated the agenda:
- High registration fees for foreign barristers seeking to advise in India.
- Disclosure of client and case details, and
Mills expressed concern about the requirement for foreign lawyers to disclose client names and details while registering with the BCI. She highlighted that such disclosures pose confidentiality and ethical challenges, especially for members of the international arbitration community, where client privacy is paramount.
In response, Chairman Mishra clarified that the BCI’s intent was limited to collecting basic identification details:
“We just want the identity of the client, no details of cases or what the cases are about. The names or details of the client will be kept with the Regulator and absolute confidentiality will be maintained,”
he said.
To address these concerns, Mishra assured Mills that an explicit confidentiality clause would be added to the registration form, emphasizing that client names would remain protected.
Another key issue discussed was the high registration fee imposed on foreign lawyers and barristers. Mills, representing over 18,000 barristers in the UK, requested that the BCI consider lowering the fee to make cross-border legal collaboration more accessible. She noted that Indian lawyers arbitrating in London are not required to pay similar fees, highlighting a potential imbalance.
Mishra acknowledged the concern and confirmed that the matter had already been discussed within the Council:
“The issue will be considered,”
he stated, suggesting that a review of the fee structure could be on the horizon.
Mills also raised the report submitted by the Committee led by Cyril Shroff, which was tasked with reviewing the framework for the entry of foreign law firms into the Indian legal market. Mishra noted that the BCI would hold a meeting in December to deliberate on the Committee’s findings and recommendations.
The Committee had submitted its report in September, marking a key step toward the gradual liberalization
