In a significant rule tweak in the legal area, the Bar Council of India (BCI) has now allowed foreign lawyers and law firms to practice foreign law in India on a reciprocity basis. The BCI — statutory body of lawyers — released the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.
The Objects and Reasons of the Rules state:
“Time has come to take a call on the issue. Bar Council of India is of the view that opening up of law practice in India to foreign lawyers in the field of practice of foreign law; diverse international legal issues in nonlitigious 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.”
The BCI has further stated that India is not likely to suffer any disadvantage if law practice in India is opened up to foreign lawyers in a restricted and well-controlled and regulated manner.
“…it would be mutually beneficial for lawyers from India and abroad and these Rules are an attempt by Bar Council of India in this direction. These rules will also help to address the concerns expressed about flow of Foreign Direct Investment in the country and making India a hub of International Commercial Arbitration…Let us ensure than an opportunity for creating development and growth for legal profession and in the legal sphere in India is not lost,” it added.
Below is an overview of the Rules.
Registration of foreign lawyers
The Rules make it clear that a foreign lawyer or law firm shall not be entitled to practice law in India without registration with the BCI.
This prohibition will not apply to law practice by a foreign lawyer or foreign law firm on a ‘fly in and fly out basis’ for the purpose of giving legal advice to a client in India on foreign law or international legal issues. However, in this case, the lawyer/firm cannot have an office in India, and their practice cannot exceed 60 days in any period of 12 months.
