SILF expresses concern over BCI’s decision to allow foreign lawyers/law firms to practise in India
New Delhi, April 1
As the Bar Council of India (BCI) allows foreign lawyers and law firms to practise in India in areas such as foreign law, international legal issues and arbitration matters on a reciprocal basis, the Society of Indian Law Firms (SILF) has expressed concern over it, saying the decision went against the Supreme Court’s verdict on the issue.
The rules for foreign lawyers and law firms to practise in India were not in conformity with the Supreme Court’s judgment which said that only advocates enrolled with State Bar Councils were entitled to practise law in India, an SILF release said.
“The 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 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,” read the objects and reasons of the ‘Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022’ notified earlier this month.
However, questioning the manner and timing of the decision to open the legal industry to foreign players, the SILF alleged that the Rules were discriminatory. While Indian professionals continue to be governed by the code of conduct and regulations under the Advocates Act, foreign lawyers and law firms would be governed by their home country’s rules, it pointed out.
“The BCI has ceded disciplinary jurisdiction over foreign lawyers and foreign law firms to respective foreign regulators. So, foreign lawyers and foreign law firms will not only have their own codes of conduct but will be judged by foreign regulators,” the SILF – which has sent a representation to the BCI – stated in a release.
Highlighting the differences between Indian and foreign law practices, the SILF said professional rules in India were “ancient” and they did not recognize the concept of a law firm or permit any form of marketing or levying of contingency fees or success fees but the foreign entities were not bound by the Indian code under the rules.
There has been a consensus amongst stakeholders that opening up of the market must not be in an ad hoc manner but must be a part of a phased reform of the legal services sector, the SILF said, adding. “It is imperative to create a level playing field for Indian lawyers by the time foreign lawyers are allowed in the next phase. Unfortunately, domestic reforms have remained unattended for a long time and have not been addressed with the same alacrity as the rules.”
