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BCI Approves Practise For Foreign Lawyers And Law Firms In India But No Presentation In Court

The decision by the Bar Council of India (BCI) on Wednesday to enable foreign lawyers and law firms to practise in India in areas such as international legal issues and arbitration matters was met with approval from Indian legal firms. These areas include foreign law, international legal issues, and arbitration matters.

According to the BCI Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, which were published on March 10, both the foreign law firms and the foreign lawyers will be required to register themselves with the bar council.

“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 the legal profession/domain grow in India to the benefit of lawyers in India too,” the BCI said in a statement on Wednesday.

Registration under the Advocates Act, 1961, which had previously been limited to only Indian nationals, has now been opened up to foreign law companies and lawyers for the very first time.

However, under the terms of the new arrangement, foreign law firms and lawyers will not be permitted to appear before any Indian court, tribunal, or statutory or regulatory authority, despite the fact that they will be able to provide their clients in India with legal advice concerning foreign law and a variety of international legal problems.

According to the recently notified regulation, “The registration shall be permitted by the BCI based on the principle of reciprocity,” which states that a “similar facility should be in vogue for Indian lawyers/law firms in the country where the foreign law firm is primarily registered with.” In other words, “the registration shall be permitted by the BCI based on the principle of reciprocity.” “After having been registered in India, the foreign law firm or foreign lawyer is required to renew the registration every five years.”

According to what was written, the initial registration fee has been set at $25,000 for individual lawyers and at $50,000 for law firms, while the fees for renewal will be $10,000 and $20,000, respectively, for each of the two categories.

According to the Bar Council of India (BCI), the legal community in India is not likely to experience any disadvantage as a result of a “restricted and well controlled and regulated” opening of the legal sector to firms and lawyers from other countries. This is because the standards of Indian lawyers in terms of their proficiency in law are comparable to the standards that are used internationally.

Indian legal companies expressed their satisfaction with the BCI’s decision.

According to advocate Vinayak Burman, managing partner of the Vertices Partners law firm, “Opening up law practice in India to foreign lawyers will create opportunities for tie-ups and partnerships.” “It is likely to pave the way for potential consolidation, particularly for firms dealing in the cross-border mergers and acquisitions (M&A) practice in particular.” — “It is likely to pave the way for potential consolidation.”

Advocate Rajesh Narain Gupta, managing partner of the law firm SNG & Partners, provided an additional perspective on the development by stating that “Entry of foreign law firms will support in a big way the ambition of India to be more visible and valuable in a global context, especially on international trade and commerce.” This statement was made in reference to the development. This will be a game changer for mid-size firms, and it will also help law firms in India achieve greater efficiency in talent management, information architecture, technology, subject knowledge in a global context, and management.

According to the recently notified regulations, a foreign lawyer is now allowed to practice law in India for situations that do not involve litigation. According to the new regulations, the Bar Council of India (BCI) is responsible for determining the scope of legal practice that can be undertaken by a foreign lawyer or law firm. In this respect, the BCI may seek advice from the Ministry of Law and Justice. According to what was written there, “The BCI also reserves the right to deny registration as well as the right to suspend or cancel registration in the wake of professional misconduct or misrepresentation.” “However, the BCI will not have the authority to exercise any disciplinary powers over foreign lawyers or firms.”

While the bar on appearing before any courts, tribunals or other statutory or regulatory authorities is provided under the new rules, the registered foreign lawyer shall be allowed to practice on transactional work/corporate work such as joint ventures, mergers and acquisitions, intellectual property matters, drafting of contracts and other related matters on reciprocal basis. They would be prohibited from participating in any work relating to the conveyancing of property, the investigation of title, or any other work that is analogous to these activities.

Do’s and don’ts for foreign lawyers were also outlined in the rules, which restricted the scope of their practice to the transaction of business, as well as the provision of advice and opinion regarding the legal systems of the countries to which they predominantly belonged. In the event that the case in question involves international adjudication and is being heard in India, the customer base that they serve will unavoidably be required to maintain a presence in the host nation.

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