In a major policy change, Bar Council of India has agreed to allow foreign lawyers and law firms to set up their practice in India. While this new tweak is good news for many, BCI has ensured stated that these lawyers and firms would be able to practice law in a controlled and regulated manner.
Bar Council of India has released new rules and regulations for the registration of foreign lawyers and international law firms in India. Through the – Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 – these lawyers would be able to practice in non-litigious matters.
As per the BCI rules, the three major focus areas for these lawyers would be – foreign law, international legal issues and arbitration matters.
Based on the statement issued by BCI, by opening up the law practice in India to foreign players, the growth of legal professions would go a long way in the country.
“Opening up of law practice in India to foreign lawyers in the field of practice of foreign law; diverse international legal issues in non-litigious matters and in international arbitration cases would go a long way in helping legal profession/domain grow in India to the benefit of lawyers in India too,” stated BCI in its official notification.
Areas where foreign lawyers and firms can practice
- Transactional work, corporate work such as joint ventures, mergers and acquisitions, intellectual property manners, drafting of contacts
- Provide legal advice and appear as a lawyer for a person, company, firm, corporation, trust, etc. which has its address in a foreign country.
- Provide legal advice and appear as a lawyer at bodies other than courts, tribunals, boards, who are not legally entitled to take evidence on oath.
- Provide legal advice concerning the laws of the country of primary qualification and diverse legal issues.
- Registered lawyers and firms can open offices in India
- Form a partnership with one or more registered foreign lawyers and firms
Those interested must note that foreign lawyers and foreign firms would not be allowed to practice in India without registering with the council first.
However, this rule can be relaxed for foreign lawyer or foreign law firm who are coming to India on a “fly in and fly out basis” for the purpose of giving legal advice to a client on foreign law or international legal issues. For fly in. Fly out cases, the lawyer or firm cannot have an office in India and practice law for more than 60 days in any period of 12 months.
The registration fee for a foreign lawyer is $25,000 (approximately Rs 20.64 lakhs) and for foreign firms, the registration fee stands at $50,000 (approximately Rs. 41.28 lakhs).
The leading law body also stated that this move will not threaten or impact the way law is practiced in India, if it is done in a restricted, regulated and well-controlled manner.
The Bar Council was initially against allowing foreign lawyers and firms from practicing in India, however, based on the recommendations put forth in the Joint Consultative Conferences between BCI, State Bar Councils across the country and other stakeholders, the rules were changed.
