The Bar Council of India (BCI) on Wednesday criticised the Society of Indian Law Firms (SILF) for its public opposition to the entry of foreign lawyers and law firms into the country. .In a strongly-worded communication, the BCI said that SILF's comments do not represent the broad views of Indian law firms. “It [SILF] functions primarily as a closed group dominated by a few large, well-established firms. Its stance and actions do not reflect the concerns or aspirations of more than 90% of India’s smaller or emerging law firms…In fact, the consistent feedback BCI has received indicates that SILF has historically acted to preserve its members commercial interests at the expense of young, deserving Indian lawyers and new legal practices striving to grow in an increasingly competitive and global legal arena,” the BCI said. .SILF, a collective body of India's top law firms, has found fault with the manner in which the BCI aims to liberalise India’s legal landscape.In an interview with Bar & Bench, SILF President Lalit Bhasin had said that the BCI’s decision was premature, as the case challenging the move is still sub-judice before the Delhi High Court. He added that an earlier decision of the Supreme Court had said that foreign law firms cannot practice in India. The SILF President, however, clarified that he supports the entry of foreign law firms to India.SILF also recently formed a committee headed by Shardul Amarchand Mangaldas Chairman Shardul Shroff to give suggestions on the amended rules notified in May this year.This committee is distinct from the one constituted by the BCI under the leadership of Cyril Amarchand Mangaldas Managing Partner Cyril Shroff, to address concerns related to the rules..BCI has not taken kindly to SILF's opposition. It has alleged that many of the law firms comprising SILF have maintained close affiliations with major foreign law firms, enabling them to create a “parallel legal services economy, wherein foreign legal work is funnelled through select Indian firms”. The regulator of the legal profession in India argued that corporate, transactional and arbitration-related legal services in India have been monopolised by a small group of law firms, and that its move to open up the legal market is an attempt to dismantle those monopolies. SILF has consistently opposed any progress toward reciprocity or structured engagement with foreign firms, thereby stalling the growth and global presence of Indian law firms in international jurisdictions, BCI said.“This has systematically denied fair opportunities to the vast majority of Indian legal practitioners,” a press statement issued by the BCI claimed. It added that the committee headed by Cyril Shroff has been reviewing the rules and feedback from the stakeholders will be incorporated.“All interested individuals and organizations, including SILF, are welcome to make suggestions either to the Committee or directly to BCI.” .Further, the BCI has proposed a national-level conference at Mumbai in September, where it will hold consultations with law firms from across the country. Finally, it reiterated that its move is to democratise the legal services sector and the rules safeguard Indian legal soveregnity. .[Read BCI Press Release]
