In a major development, the Bar Council of India (BCI) has decided to open up law practice in India to foreign lawyers and foreign law firms. However, the rules clarify that the foreign lawyers and firms shall not be permitted to appear before any courts, tribunals or other statutory or regulatory authorities.
๐ก๐ฒ๐ ๐๐๐ ๐ฟ๐๐น๐ฒ๐ ๐๐ผ ๐ฒ๐ป๐ฎ๐ฏ๐น๐ฒ ๐ถ๐ป๐'๐น ๐น๐ฎ๐๐๐ฒ๐ฟ๐ ๐๐ผ ๐ฎ๐ฑ๐๐ถ๐๐ฒ ๐ถ๐ป ๐๐ป๐ฑ๐ถ๐ฎ
The BCI released Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, that will enable international lawyers and arbitration practitioners to advise in India.
๐๐ผ๐ฟ๐ฒ๐ถ๐ด๐ป ๐น๐ฎ๐๐๐ฒ๐ฟ๐ ๐ฎ๐ป๐ฑ ๐ณ๐ถ๐ฟ๐บ๐ ๐๐ถ๐น๐น ๐ป๐ผ๐ ๐ฏ๐ฒ ๐ฎ๐น๐น๐ผ๐๐ฒ๐ฑ ๐๐ผ ๐ฎ๐ฝ๐ฝ๐ฒ๐ฎ๐ฟ ๐ฏ๐ฒ๐ณ๐ผ๐ฟ๐ฒ ๐ฎ๐ป๐ ๐ฐ๐ผ๐๐ฟ๐๐
As per the Rules, foreign lawyers and firms shall be entitled to practice law in India in non-litigious matters. The areas of practice of law they are allowed to do shall be laid down by the BCI, in consultation with the Union Ministry of Law and Justice. Foreign lawyers and firms shall not be permitted to appear before any courts, tribunals or other statutory or regulatory authorities.
They may provide legal advice and appear as a lawyer before bodies other than courts, tribunals, boards, statutory authorities which are not legally entitled to take evidence on oath, in cases in which knowledge of foreign law of the country of primary qualification is essential. Also, they may provide legal advice concerning the laws of the country of primary qualification and on diverse international legal issues. This shall not include representation or the preparation of documents regarding procedures before an Indian court, tribunal or any other authority competent to record evidence on oath.
๐๐ป๐'๐น ๐ณ๐ถ๐ฟ๐บ๐ ๐ฎ๐น๐น๐ผ๐๐ฒ๐ฑ ๐๐ผ ๐ผ๐ฝ๐ฒ๐ป ๐ผ๐ณ๐ณ๐ถ๐ฐ๐ฒ๐ ๐ถ๐ป ๐๐ป๐ฑ๐ถ๐ฎ
The registered foreign law firms are also allowed to open up law offices; and can engage and procure legal expertise of one or more Indian advocates registered as foreign lawyers.
While releasing the rules, the statutory body of lawyers said that the time had come to take a call on the issue and it will go a long way in helping the legal profession to grow in India. โBar Council of India is of the view that opening up of law practice in India to foreign lawyers in the field of practice of foreign law; diverse international legal issues in non-litigious matters and in international arbitration cases would go a long way in helping legal profession/domain grow in India to the benefit of lawyers in India too.โ
Further, it said that India is not likely to suffer any disadvantage if law practice is opened up to foreign lawyers in a restricted, well-controlled and regulated manner.
๐ฅ๐๐น๐ฒ๐ ๐๐ฒ๐ ๐๐ผ ๐ต๐ฒ๐น๐ฝ ๐ฎ๐ฑ๐ฑ๐ฟ๐ฒ๐๐ ๐ฐ๐ผ๐ป๐ฐ๐ฒ๐ฟ๐ป ๐ฟ๐ฒ๐ด๐ฎ๐ฟ๐ฑ๐ถ๐ป๐ด ๐ถ๐ป๐ณ๐น๐ผ๐ ๐ผ๐ณ ๐๐๐
These rules will help in addressing concern regarding inflow of Foreign Direct Investment in the country and โmaking India a hub of International Commercial Arbitrationโ.
The Rules make it clear that a foreign lawyer or law firm shall not be entitled to practice law in India without registration with the BCI. The registration fee for a foreign lawyer is $25,000 and for a law firm, the fee is $50,000.
The rules emphasise that the right to practice law in the concerned foreign country of primary qualification shall be the primary qualification for practicing law in India.
๐ฅ๐ฒ๐ด๐ถ๐๐๐ฟ๐ฎ๐๐ถ๐ผ๐ป ๐๐ถ๐น๐น ๐ฏ๐ฒ ๐๐ฎ๐น๐ถ๐ฑ ๐ณ๐ผ๐ฟ ๐ฑ ๐๐ฒ๐ฎ๐ฟ๐
The registration shall be valid for a period of 5 years. For renewal, the foreign lawyers/firms are required to file an application within 6 months before the date on which such validity expires.
The Rules also provide for disciplinary action in case registration is obtained through misrepresentation. Penalties include reprimanding the foreign lawyer/law Firm, suspending the registration, imposition of penalties etc.
Initially, the BCI was opposing entry of foreign lawyers and foreign law firms in India in any form. A PIL was filed by Lawyersโ Collective in the Bombay High Court seeking that foreign lawyers and law firms be permitted to pratice in India. The HC had held that the Reserve Bank of India was not justified in granting permission to the foreign law firms to open liaison offices in India.
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