Foreign Law Firms Can Practice In India, But These Are The Conditions

Earlier this week, the Bar Council of India (BCI) allowed foreign law firms to practice in India. 

On 10 March, the BCI released the Bar Council of India Rules For Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 for streamlining the process of registration of foreign lawyers. 

The BCI has said that opening up of law practice in India to foreign lawyers in the field of 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. 

It also stated that enabling foreign lawyers to practice in India will work on the principle of reciprocity in a well-defined, regulated and controlled manner. 

However, the rules still restrict foreign lawyers from appearing before a judicial forum including courts, tribunals etc. They have been allowed to render advice about the law of the country of their primary qualification and will be allowed to take up transactional work – mergers and acquisitions, intellectual property matters and contractual matters. 

In addition, the rules provide that registered foreign lawyers and law firms can open their offices in India, subject to the condition that BCI is informed of the particulars.

Lawyers across the board have appreciated this move of the BCI and are hopeful that this will open a new door of opportunities for Indian lawyers too. 

Around five years ago, the Supreme Court had allowed entry of foreign lawyers and law firms in India, pursuant to which the BCI was in the process of framing adequate rules. 

The BCI officials said that these rules are based on the 2018 Supreme Court judgement which restricted foreign lawyers from setting up offices in India, but permitted them to practice on a fly in and fly out basis. The SC had left it to the BCI to frame the rules for the entry of foreign lawyers.