Latest news with #RulesforRegistrationandRegulationofForeignLawyers
The Hindu
4 days ago
- Business
- The Hindu
India's legal bridge is one of reciprocity, not roadblocks
In May this year, the Bar Council of India (BCI) implemented the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India (hereinafter 'rules'). While many within the legal profession lauded the rules, a few law firms based in the United States have voiced strong objections, calling the rules a 'non-trade barrier' and a 'deliberate move to exclude or freeze out' U.S. law firms from engaging with the Indian legal ecosystem. However, such criticism reflects a limited appreciation of the statutory mandate of the BCI and an inadequate understanding of India's comprehensive regulatory framework governing its legal affairs. On the contrary, the rules strike a balance by facilitating the entry of foreign practitioners and firms while upholding professional standards and safeguarding the interests of stakeholders within the Indian legal profession. The criticism First, it is contended that the rules create a 'non-tariff trade barrier' by imposing procedural restrictions on U.S.-based law firms and legal professionals, thereby attempting to 'freeze out' their entry into the Indian legal landscape. Second, it is alleged that the interests of the U.S. were overlooked during global consultations preceding the framing of the rules, making it difficult for U.S. law firms and professionals to comply with the stipulated mandates. Third, the requirement to disclose details such as the 'nature of legal work' and 'client identity' is said to conflict with the American Bar Association (ABA) Model Rules on client confidentiality. Fourth, the regulations governing fly-in, fly-out provisions have been criticised for being inconsistent with the principle of reciprocity, as they impose duration-based, disclosure-based restrictions not similarly applied to Indian counterparts operating in the U.S. Fifth, the contention is that the rules have been introduced as a surprise move, providing no transition period for adjustment, thereby placing U.S. firms and professionals at a disadvantage. Finally, it is argued that the rules could adversely impact U.S.-India bilateral trade and legal engagement, as they may discourage Indian corporations from undertaking transactions involving U.S. laws, owing to a dearth of legal professionals who are skilled in U.S. laws. A reality check First, the BCI is not a trade body, but a statutory body to maintain standards of professional conduct and safeguard the interests of legal professionals across India. Second, constitutionally and technically, the practice of law cannot form part of a trade agreement, as it is governed under Entries 77 and 78 of the Union List, unlike entries dealing with trade and commerce under the Seventh Schedule of the Constitution of India. Second, In Bar of Indian Lawyers Through Its President Jasbir Singh Malik vs D.K. Gandhi (2024), it was held that it was a contract of personal service, thereby segregating it from trade and business practices. Third, India recently chose not to include legal services in the United Kingdom-India Free Trade Agreement, despite facing significant international pressure. This reflects India's consistent position that legal services require a distinct regulatory framework. Fourth, the impugned rules do not bar foreign law firms and practitioners but liberalise the Indian legal ecosystem, albeit in a structured and regulated manner. For instance, Rules 3 and 4 permit foreign law firms to operate in India, subject to registration and compliance with ethical and professional conditions. Further, the fly-in, fly-out model, under the proviso to rule 3(1), allows temporary visits, subject to an aggregate stay not exceeding 60 days within a 12-month period. Fifth, Indian legal professionals lack universal access to the U.S. legal system and are subjected to rigorous, state-specific, examination-based licensing regimes. The reciprocity requirement under the rules, subjecting the U.S. counterparts to similar regulatory compliances, merely establishes equivalence. Sixth, rule 4(h), which mandates a certificate of 'good standing at the bar', has been flagged by U.S. stakeholders as problematic, owing to its decentralised ecosystem. However, this limitation stems from the U.S. regulatory structure and cannot be attributed to the BCI or India. Notably, rule 6 of chapter III allows for flexibility, empowering the BCI to verify such credentials holistically and on a case-by-case basis, thereby ensuring an accommodating approach, subject to an adherence to basic ethical and professional standards. Seventh, the requirement to disclose the nature and the extent of legal work does not dilute client confidentiality, as the objective is to obtain general information about the legal work or transaction. This ensures that the activities of foreign legal professionals remain within the permitted contours of legal practice in India. There has been debate and discussion Finally, the criticism regarding lack of consultations or a transition period before the operationalisation of the rules holds no ground. Debates and discussion have been ongoing for over two decades, encompassing expert committee reports, global consultations, and key judicial decisions such as Lawyers Collective vs Bar Council of India (2009) and Bar Council of India vs A.K. Balaji (2018) which have collectively laid the foundation for the present regulatory framework. Far from being a barrier, the rules aim to create a cooperative bridge liberalising the Indian legal landscape in a measured manner, while safeguarding professional integrity, client confidentiality, and upholding the vital principles of reciprocity and ethical accountability. Shivang Tripathi is a Senior Research Fellow at the Faculty of Law, Banaras Hindu University, Varanasi. Shaiwal Satyarthi is a Professor at the Faculty of Law, University of Delhi
New Indian Express
15-05-2025
- Business
- New Indian Express
Foreign lawyers, firms can practice in India, says Bar Council of India
NEW DELHI: The Bar Council of India (BCI) has notified amendments to its rules, allowing the regulated entry of foreign lawyers and law firms into the Indian legal sector. The changes are intended to strike a balance between fostering global integration and safeguarding the interests of Indian legal professionals. According to a press statement issued by the BCI, the revised rules aim to create a framework that facilitates the practice of foreign and international law in India. The updated regulations fall under the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, which were initially notified on March 10, 2023. Under the amended provisions, foreign lawyers will be permitted to engage solely in non-litigious legal services.
Mint
14-05-2025
- Business
- Mint
Bar Council notifies rules allowing foreign law firms limited practice in India
In a step towards opening up India's legal sector, the country's top legal body, the Bar Council of India (BCI), has notified amended rules allowing foreign lawyers and law firms to practise foreign law in India on a limited basis. The Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022—originally notified on 10 March 2023—have now been formally brought into force, the BCI said in a release on Wednesday. The rules make it clear that foreign lawyers will be restricted to non-litigious matters, where cases are not taken to courts for resolution, involving foreign law, international law, and arbitration—particularly in the context of cross-border transactions and international disputes. "The BCI has further clarified that foreign lawyers may participate in international commercial arbitration conducted in India, provided such arbitration involves foreign or international law, thereby promoting India as a viable destination for international arbitration without compromising the rights of Indian legal professionals," the Council stated. According to the BCI, the move aims to regulate foreign legal practice while safeguarding the interests of Indian advocates. The newly notified framework introduces a reciprocity model, enabling Indian lawyers and firms to register as foreign law practitioners abroad, thus expanding their global footprint without giving up the right to practice Indian law at home. 'Indian advocates and law firms may register as foreign lawyers or foreign law firms, allowing them to expand their practice to foreign law and international law consultancy without relinquishing their rights to practice Indian law in domestic forums,' the BCI said, adding that this dual registration mechanism offers Indian professionals a broader international platform. To ensure oversight and limit undue competition, the BCI has implemented rigorous registration and renewal requirements for foreign entities. These include documentation related to legal qualifications, no-objection certificates, and formal declarations of regulatory compliance. Until now, foreign law firms were prohibited from practicing in India—both in litigation and non-litigation—unless they met the conditions under the Advocates Act, 1961, and the BCI rules. However, the law did allow foreign lawyers to temporarily enter India on a 'fly-in, fly-out' basis to advise clients on foreign or international legal issues under specific conditions. The move comes amid heightened activity in the Indian legal market. Rising compliance burdens, digital transformation, and a surge in deal-making are expected to push India Inc.'s legal spending beyond ₹ 60,000 crore in the current financial year. Leading Indian law firms, including Cyril Amarchand Mangaldas, JSA Advocates & Solicitors, Trilegal, IndusLaw, and Argus Partners—have been aggressively expanding their teams, luring top talent with higher revenue-sharing arrangements, prestigious designations, and compensation packages that many rivals find hard to match. The result: a sweeping reshuffle at the top tier of India's legal fraternity.
Time of India
14-05-2025
- Business
- Time of India
Bar Council of India allows foreign lawyers, firms to practice in India on reciprocity basis
The Bar Council of India has amended its rules to allow foreign lawyers and law firms to practice foreign law in India on a reciprocity basis. This marks a significant shift in India's legal landscape, enabling greater cross-border legal collaboration while safeguarding equal opportunity for Indian professionals abroad. Tired of too many ads? Remove Ads Tired of too many ads? Remove Ads The Bar Council of India (BCI) has notified amended rules allowing foreign lawyers and law firms to practice foreign law in India, provided their home countries extend the same opportunity to Indian legal professionals The decision marks a major shift in India's legal landscape, introducing a reciprocity-based framework The BCI has enforced the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, which were originally notified on March 10, to a press release, the amended Rules have been notified with the primary aim of "safeguarding the interests of Indian advocates while regulating the practice of foreign law and international law in India," as reported by Bar & Rules clearly state that foreign lawyers' work will be strictly limited to non-litigious matters involving foreign law, international law, and arbitration — particularly in the context of cross-border transactions and international BCI further clarified that 'foreign lawyers may participate in international commercial arbitration conducted in India, provided such arbitration involves foreign law or international law,' thereby promoting India as a global hub for arbitration 'without compromising the rights of Indian legal professionals.'On the reciprocity framework, the BCI said: 'Indian advocates and law firms may register as foreign lawyers or foreign law firms, allowing them to expand their practice to foreign law and international law consultancy without relinquishing their rights to practice Indian law in domestic forums. This dual registration provides Indian lawyers with an opportunity to broaden their professional horizons while maintaining their status as advocates under Indian law.'To protect domestic interests, the BCI has also introduced stringent registration and renewal requirements for foreign lawyers and law firms aiming to operate in India.
