Society of Indian Law Firms President Lalit Bhasin has said that the Bar Council of India (BCI) move to allow the entry of foreign lawyers and law firms into India is premature..Explaining his rationale, Bhasin said,"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 India - any type of practice, whether litigation or corporate. That was made clear." .Bhasin added that the obvious course of action would have been to amend the Advocates Act, 1961 first. "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 there that practice of law in India is confined to Indian citizens, but the Bar Council of India may frame certain rules and regulations, which may also permit foreign lawyers to practice in India. It’s such a simple thing that has not been done," he observed. .The SILF President, however, clarified that he supports the entry of foreign law firms to India."We have been saying that we want the foreign lawyers to come. Let them come, we will have healthy competition, there will be more learning experiences on both sides.".However, any adverse order by the Court could create embarrassment for the government, for the BCI and even foreign lawyers, he explained. "That is why we have seen that despite various attempts by BCI, hardly any presence of the foreign lawyers is known," he pointed out. .The BCI on May 13 notified the amended Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, initially notified on March 10, 2023.A press release issued on Wednesday added that the primary objective of the amended Rules was to safeguard the interests of Indian advocates while regulating the practice of foreign law and international law in India.The Rules make it clear that the work of foreign lawyers will be strictly confined to non-litigious areas involving foreign law, international law and arbitration matters, particularly concerning cross-border transactions and international disputes. They are strictly prohibited from appearing before Indian courts, tribunals or other statutory or regulatory authorities.Permitted areas of practice are:Engaging in corporate legal matters such as joint ventures, mergers and acquisitions, intellectual property matters, drafting of contracts, and other related transactional work.Representing clients in both institutional and ad hoc international arbitration cases conducted in India. These arbitration cases may involve foreign law, international law, or the laws of jurisdictions other than the lawyer’s home country.Providing legal advice and opinions concerning the laws of their country of primary qualification, international law, and the foreign laws of other jurisdictions.Providing legal expertise and advice, and appearing as a lawyer for entities having a principal office or address in the foreign country of their primary qualification or any other foreign countryProviding legal expertise and advice concerning the laws of their country of primary qualification, as well as international law and foreign laws of other jurisdictions. This excludes representation or preparation of documents for submission to Indian courts, tribunals, or other forums.Further, they can open offices in India subject to informing the BCI of the particulars of such offices. They may engage Indian advocates registered as foreign lawyers and/or Indian-Foreign law firms.They may also engage Indian lawyers enrolled under the Advocates Act for advice on Indian law. However, such Indian lawyers cannot represent the clients of foreign lawyers and firms before courts, tribunals etc.Indian lawyers or firms may enter into partnerships with foreign lawyers or foreign law firms only if they are registered under these Rules. However, Indian lawyers and firms may receive referred work from foreign lawyers or foreign law firms without requiring registration under these Rules.Indian lawyers may work as employees, consultants, or advisors in foreign law firms abroad without requiring registration under these Rules..Indian law firms react to amended BCI Rules allowing entry of foreign lawyers and firms
