More than two years after its initial endeavour and many bumps along the way, the Bar Council of India (BCI) has released new rules to govern the entry of foreign lawyers and law firms in India..The newly amended Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 notified yesterday prescribe the areas these firms are allowed to practice in, registration requirements, the fees they have to pay and the disciplinary action they may be subject to for non-compliance..Fees.The Rules prescribe a registration fee of $15,000 for individual foreign lawyers and $25,000 for foreign law firms intending to work in India. An additional registration fee is prescribed for lawyers and firms with multiple foreign jurisdictions: $5,000 per jurisdiction for individual foreign lawyers and $10,000 per jurisdiction for foreign law firms. In effect, firms with a global presence could have to shell out a substantial amount to enter the Indian legal market.There is also a refundable security deposit of $10,000 and $30,000 to be paid by foreign lawyers and firms respectively.A renewal fee of $8,000 for individual lawyers and $15,000 for firms is to be paid every five years. There are additional renewal fees to be paid for lawyers and firms from multiple foreign jurisdictions.Additionally, lawyers and firms will have to pay non-refundable process charges of $2,000 and $5,000 respectively. Again, multi-jurisdictional entities have to pay more.Firms and lawyers looking to fly in and out will have to pay $3,000 and $1,500 respectively.The Rules state that the fees may be revised periodically by the BCI and may be adjusted to reflect the costs imposed on Indian lawyers or firms practicing in the foreign jurisdiction..Registration.Registration to practice in India requires the submission of a laundry list of documents including:Certificate from Indian government that an effective legal system exists in the concerned foreign country and that there is no objection to the applicant being registered under these Rules. Detailed statement specifying the foreign jurisdiction(s) in which the foreign lawyer/firm intends to practice, including areas of foreign law and international law. Certificate of primary qualification certifying that the applicant is entitled to practice law in those countries. Certificate from government of foreign country stating that advocates enrolled under the Advocates Act, 1961 are permitted to practice law in those countries in a reciprocal manner. Certificate from competent authority stating that the applicant has been in practice in that country Certificate from competent authority stating that no proceedings of professional or other misconduct are pending against the applicant Certificate providing details of the fee structure and other amounts chargeable from an advocate enrolled under the Advocates Act, 1961 No objection certificate to the applicant practicing law in India and confirming that the applicant enjoys a good standing in the Bar. Declaration on affidavit stating that the applicant has not been convicted of any offence and has not been subjected to any adverse order in any disciplinary matter (applicants who have been convicted/subjected to adverse order must append the same to the application). Declaration on affidavit stating that the applicant has no objection and consents to BCI conducting inquiries or investigations to verify the veracity of the particulars disclosed by the applicant. An undertaking on oath stating that the applicant shall not practice Indian law in any form or appear before any court of law, tribunal, board, or any other authority. Details of existing or proposed partnerships with foreign lawyers or foreign law firms, including partnerships with Indian lawyers or Indian law firms seeking registration as foreign lawyers or Indian-Foreign law firms. Declaration that applicant shall not claim, any interest on the guarantee amount deposited with the BCI at the time of registration.What can foreign lawyers and firms do in India?.Foreign lawyers and firms can practice law in India in non-litigious matters only. They are strictly prohibited from appearing before Indian courts, tribunals or other statutory or regulatory authorities unless explicitly permitted by the BCI. Further, they are barred from:Conveyancing of property, title investigation, or similar work. Drafting, preparing, or filing documents for proceedings before Indian courts, tribunals, or other 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..Disciplinary action.Rule 10 states that foreign lawyers and firms "shall normally be subject to the same ethical and practice standards laid down under the Advocates Act, 1961". However, Rule 8 states,"...a foreign Lawyer or Foreign Law Firm shall not be subject to proceedings under Chapter V of the Advocates Act; rather in case of any substantive misconduct, the Bar Council of India may cancel the registration..."When a complaint against a foreign lawyer/firm is received, the BCI undertakes a preliminary enquiry in which the entity will be allowed to present its case. If the BCI finds there is a minor violation, it may issue a warning, reprimand, or impose a penalty. For more serious violations, the BCI may impose a penalty and/or suspend the registration of the lawyer or firm. The quantum of penalty is not specified in the Rules.After imposing the penalty or suspension, the BCI may refer the matter to the disciplinary authority of the concerned foreign country for further investigation or disciplinary action. Rule 10 (d) states,"The BCI shall have the authority to independently conclude disciplinary proceedings, including cancellation of registration, in cases where it determines that the misconduct or violation warrants such action.".[Read the amended Rules]
