Bar Council of India Opens Doors to Foreign Law Firms: Experts Demand Regulatory Clarity, ET LegalWorld
The Bar Council of India (BCI) has officially formalized the decision to open the Indian legal market to foreign law firms, a move that was first announced two years ago. While the step marks a significant milestone in the liberalization of the legal services sector, prominent legal expert Lalit Bhasin, President SILF (Society of Indian Law Firms) has called for caution, emphasizing the urgent need to amend the Advocates Act to provide a clear, legal framework for foreign lawyers.
Speaking to ETLegalworld, Bhasin highlighted that India's approach to allowing foreign law firms remains cautious and structured, drawing parallels to regulated markets such as the UK and Singapore. 'India is not lagging behind,' he said, 'but unlike some countries where foreign firms face stringent conditions or local partnerships, India must ensure a fair and lawful system.'
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Bhasin criticized the Bar Council's recent move to issue regulations permitting foreign lawyers before the necessary legislative amendments, calling this approach 'putting the cart before the horse.' He warned that without amending the Advocates Act, these regulations risk being unenforceable and could damage India's legal reputation.The veteran lawyer explained that while the legal profession initially opposed foreign entry in the 1990s due to concerns about competitiveness, by 2014 Indian firms had matured and welcomed foreign collaboration — provided there was a proper regulatory environment.The Supreme Court in 2018 reinforced that foreign lawyers cannot practice law in India without legislative backing. Despite this clarity, neither the government nor the BCI has taken decisive steps to amend the law. Instead, recent regulatory efforts appear to have been driven by pressures related to trade talks with the UK, according to Bhasin.'Reciprocity must be real,' Bhasin stressed, noting that while India allows foreign firms under conditions, the UK has yet to issue work permits to Indian law firms. He called for a 'level playing field' and urged the BCI to act more responsibly to safeguard the interests of India's over 1.2 million lawyers.The move to formally allow foreign law firms comes amid growing globalization of legal services and increasing demand for cross-border expertise. However, Bhasin insists that any policy should balance openness with protecting domestic legal talent and the rule of law.
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