BCI signs MoU with Bar Council and Law Society of England & Wales to allow exchange programme for lawyers

The Bar Council of India (BCI) has signed a Memorandum of Understanding (MoU) with the Bar Council of England and Wales and the Law Society of England and Wales to allow exchange programme for lawyers of the three countries..The MoU was signed at a meeting held at London on June 5. In a press release, BCI Chairman Manan Kumar Mishra has said that the move will "go a long way in fostering the exchange of legal acumen skill, training, ideas between the legal fraternity of both countries and Indian Lawyers will be benefitted.".Significantly, the BCI has said that its recently introduced Rules allowing the entry of foreign law firms on a reciprocal basis "needed certain crucial changes"."The Vice-Chairman Mr. S Prabakaran stated that BCI has received representations from Indian Law Firms and a section of the Indian Bar. The opinion of Foreign bodies will also be welcomed on this issue. Mr. Mishra told the meeting that very soon the necessary changes will be made in the Regulations and the registration of Foreign Lawyers & Law Firms will start only thereafter," the BCI press release stated..The following are the salient features of the MoU:.The BCI will choose young Indian lawyers to avail "opportunities of training and learning in international law firms, good law offices and in English courts." The Law Society/Bar Council will recommend solicitors and barristers from the UK to be sent to India for training and learning for a maximum period of 90 days. BCI shall endeavour to provide these lawyers the opportunity to work with a designated Senior Advocate or at a reputed law firm. Lawyers from the UK will also be given the opportunity to watch proceedings in courts and tribunals as well as international arbitration and mediation. Indian lawyers will get the opportunity to get in-person training in international law firms, English courts, international arbitration centres and other forums. The expenses for the same will be borne by the lawyers themselves. BCI has said that it will sponsor meritorious/deserving candidates who are unable to afford the same. It is made clear that the lawyers recommended by the BCI for such exchange programme shall have no right to practice in the United Kingdom in terms of the MoU. Similarly, lawyers sent from the UK will not have a right to practice in India..Conditions for practice of Indian lawyers in England and Wales.The MoU also contains a clause that the Law Society and the Bar Council of England and Wales will support the implementation of the BCI's regulations to permit the practice of English law by English and Welsh lawyers and law firms in India in international commercial arbitration and non-litigious matters only, on the basis of reciprocity..Schedule A of the MoU contains the conditions and restrictions on practice of foreign lawyers in the UK. Foreign lawyers in England and Wales are free to practice any kind of law, including English and Welsh law, and without any requalification requirement, except for the following activities:The exercise of a right to audience in the courts and certain tribunals The conduct of litigation Reserved instrument activities Probate activities Notarial activities Administration of oaths..Foreign lawyers can practice in England and Wales as sole practitioners, in a partnership of foreign lawyers, as an assistant or consultant with a firm of foreign lawyers, in partnership with solicitors, as an employee of a solicitor and as in-house lawyers..[Read BCI press release]