The Bar Council of India (BCI) has allowed foreign lawyers and law firms to practise in India. The ‘Bar Council of India Rules for Registration of Foreign Lawyers and Foreign Law Firms in India, 2021’ have been drafted.
Why is this being done?
- The BCI notification also stated that the Rules would assist in addressing concerns about the flow of Foreign Direct Investment into the country.
- The Rules would also contribute to India becoming a hub for international commercial arbitration.
Attempt to help Indian lawyers
- Foreign lawyers and law firms are allowed to “practise foreign law, diverse international law, and international arbitration matters in India on the basis of reciprocity in a well-defined, regulated, and controlled manner” under the rules.
- According to the BCI, the move will benefit Indian lawyers, whose legal proficiency levels are comparable to international standards.
- The Indian legal profession is unlikely to suffer any consequences because the move would benefit both Indian and foreign lawyers.
How can foreign lawyers start working in India?
- The Rules state that foreign lawyers and firms are not permitted to practise law in India unless they are registered with the BCI.
- Foreign lawyers and law firms are not permitted to practise Indian law in any capacity or before any court of law, tribunal, board, or other legal authority with the authority to record evidence under oath.
- The restriction, however, does not apply to law practise by a foreign lawyer or foreign law firm on a “fly in and fly out” basis for the purpose of providing legal advice to a client in India on foreign law or international legal issues.
- In this case, the lawyer or firm may not have an office in India and may not practise for more than 60 days in any 12-month period.
Foreign lawyers and firms must meet certain requirements.
- A primary qualification required of foreign lawyers and firms is a certificate from their country’s competent authority that they are authorised to practise law in that country.
- Undertaking not to practise Indian law in any form or before any court of law, tribunal, board, or other legal authority with the authority to record evidence on oath.
Source: https://indianexpress.com/article/explained/explained-law/foreign-lawyers-can-practise-in-india-but-not-appear-in-court-what-exactly-changes-8499747/#:~:text=In%20a%20move%20that%20could,and%20work%20on%20corporate%20transactions.