Bar Council of India opens the doors for Foreign Lawyers and Foreign Law Firms in India

Bar Council of India notifies Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 through notification dated 10-03-2023. The said BCI Rules open entry for foreign lawyers and law firms in India in the legal practice.

BCI, which was initially opposing the entry of foreign lawyers in India in any form, has opened practice of law in India for foreign lawyers in practice of foreign law, diverse international legal issues in non-litigious matters, and in international arbitration cases. The Council is of the view that this step would go a long way in boosting the growth of legal profession/domain in India as well as to the benefit of lawyers in India.

BCI pointed that the standards of Indian lawyers in proficiency in law are comparable with the international standards, and that the legal fraternity in India is not likely to suffer any detriment for opening to foreign lawyers in a regulated manner based on the principle of reciprocity.

The BCI notification lays the registration process for foreign lawyers or foreign law firms and eligibility criteria. The same reads as:

“A foreign lawyer or foreign law firm shall not be entitled to practice law in India unless he/it is registered with the Bar Council of India under these Rules: Provided that this prohibition will not apply to law practice by a foreign lawyer or law firm in case such practice is done on a ‘fly in and fly out basis’ for the purpose of giving legal advice to the client in India regarding foreign law and on diverse international legal issues and provided further that such expertise/advise of such a foreign lawyer or foreign law firm had been procured by the client in a foreign country and foreign lawyer or foreign law firm does not maintain an office in India for the purpose of such practice and lastly such practice in India for one or more periods does not, in aggregate, exceed 60 days in any period of 12 months.

‘Right to practice law’ in the concerned ‘foreign country of the primary qualification’ shall be the primary qualification for practicing law in India under these rules.”

The registration of foreign lawyers or law firms under BCI Rules shall only be valid for a period of 5 years. The foreign lawyer/law firm would be required to renew their registration with BCI by filing an application for renewal.

In the interest of Indian lawyers and Indian law firms, the Bar Council of India latest notification keeps some scope for refusal to register any foreign lawyer or law firm, if their number in India is likely to become disproportionate to the number of Indian Lawyers or Indian Law Firms registered or allowed to practice law in the corresponding foreign country.

Bar Council of India may also limit the number of registrations under of foreign lawyers and law firms for maintaining a balance, for ensuring complete reciprocity, for protection of the interest of Indian law firms/lawyers, etc.

Given below are some salient features of BCI notification on regulating the entry of foreign lawyers:

• The notification lays the specific arenas of practice of law by a foreign lawyers and foreign law firms in India.

• The foreign lawyers or foreign Law Firms are restricted from appearing before any courts, tribunals or other statutory or regulatory authorities

• They shall be allowed to practice on transactional corporate work such as joint ventures, intellectual property matters, mergers and acquisitions, contract drafting, and other related matters on a reciprocal basis

• Foreign lawyers and law firms shall be restricted from doing any work pertaining to conveyancing of property, title investigation or other similar works.

• They shall be entitled to practice law in India in non-litigious matters only (subject to exceptions, conditions and limitations laid down) and he/it shall be deemed to be an ‘advocate’ in accordance with the Indian law

• The BCI latest notification also provides for the disciplinary issues and penalties against foreign lawyers and law firms securing registration by misrepresentation.

Bar Council of India Registration Fee for Foreign Lawyers and Law Firms

“We view the recently notified BCI Rules as a welcome development especially in the context of providing clarity to foreign lawyers and law firms about offering their foreign law expertise and services in India. The Indian legal market has come a long way in the past two decades and is now more globally relevant than ever before, and this development will entrench India more firmly in the global economy.

While we await the fine print that the BCI Rules contemplate, we look forward to collaborating even more closely with our peer lawyers from other countries to offer comprehensive legal services to our clients in India on cross-border mandates, right on their doorstep.”

~ Haigreve Khaitan

Senior Partner, Khaitan & Co.