[Exclusive]- BCI to meet Law Ministry to discuss Draft Rules regarding Foreign Law Firms

The Bar Council of India is set to meet the Law Minister at the end of this month to discuss the Draft Rules for the “registration and regulation” of non-Indian lawyers in the country..Speaking to Bar & Bench, BCI Chairman Manan Kumar Mishra confirmed that the “Bar Council of India Rules for Registration and Regulation of foreign lawyers, 2016”, drafted by the BCI in 2016 will now be up for discussion with the Law Ministry on July 28. He also confirmed that the Draft Rules have not been revised or amended..Mishra also said that once the Rules are approved by the Ministry, the same would be put before all the State Bar Councils and High Court Bar Associations..The process of framing the rules had begun in March 2016, when officials from the BCI met then Law Secretary PK Malhotra, and had agreed to prepare draft regulations..However, the liberalisation was stalled as BCI withdrew its Foreign Firms Draft Rules after it alleged that that the Law Ministry and Commerce Ministry are involving private organizations like the ICCA in the debate over the opening of the legal market..It appears that the Government is now seriously looking at opening up of the market. Recently, the Central Government has moved an application in the Supreme Court in BCI vs. AK Balaji & Ors for an early hearing of the matter..So what do these 2016 Draft Rules say? In terms of substance, they simply lay down the procedure to be followed. To register, foreign lawyers will be required to submit certificates from the government of the foreign country and the Indian government. The foreign lawyer also needs to submit a certificate of practice from a competent foreign authority as well as a ‘no-objection’ certificate. There is also the requirement of an undertaking stating that the foreign lawyer will not practice Indian law in any form or before any court of law..The registration will be valid for five years and can be renewed before the expiry of five years. The registration fee will be $25,000 for individual foreign lawyers and $50,000 for a firm. The renewal fee for individuals and firms is $10,000 and $20,000 respectively. A security deposit of $15,000 from an individual foreign lawyer and $40,000 from a foreign firm is also required..Once registered with the BCI, the foreign lawyer/law firm will be allowed to open law offices in India to enter into partnership with Indian lawyers, hire local lawyers and work for an Indian lawyer or any Indian law firm..The outcome of the July 28 meeting could very well be a crucial step towards the protracted saga that is the opening of the Indian legal market..Read BCI Draft Rules