The BCI wants to regulate law firms, bring back apprenticeship, and…..conduct CLAT

Having recently withdrawn its Draft Rules for registration and regulation of foreign lawyers, the Bar Council of India has made another attempt at regulating the practice of law in India..This time, however, the BCI wants to regulate more than just foreign lawyers. It has come out with its Draft Amendments to the Advocates Act, a set of proposals that could very well change the face of the legal profession in India..To begin with, the BCI wants to expand the scope of the term “advocate” so as to include law firms and foreign lawyers. The reasoning for attempting to regulate the functioning of law firms?.“…the present Act does not expressly regulate activities of such law firms even though they are delivering legal services as a legal entity independent of its partners. People who are engaging law firms for legal work may not be having any inkling of the advocate who ultimately ends up doing the work.”.However, its definition of a “law firm” creates a bit of confusion..“ “Law Firm” means a legal entity formed and registered under the partnership Act, 1932 or under the Limited Liability Partnership Act, 2008 or a private or public limited company incorporated under the Companies Act, 2013/Companies Act, 1956 for carrying out practice in law with limited or unlimited liability and it includes such other partnerships which are formed for carrying out practice in law but are not registered under the aforesaid Acts.”.Does that mean that it will not regulate those law firms which are not registered under the above mentioned Acts?.Another contentious issue is whether the BCI is actually suggesting that foreign lawyers be allowed to practice in courts in India. While they say in the objects and reasons that there is no harm in allowing foreign lawyers to practice only in non-litigious areas, the fact that they have included the term “foreign lawyer” to their definition of “advocate” suggests otherwise..Moreover, a new clause (q) is purported to be added to Section 7 of the Act, which enlists the functions of the BCI..“to provide for recognition and registration of foreign lawyers for the purpose of law practice by them in India on the principle of reciprocity and also to provide for the extent and nature of such law practice by them and the conditions subject to which they can practice law and circumstances under which they shall be deemed to practice law.”.In fact, the focus on regulating law firms and foreign lawyers is so strong that they have added a clause (y) which seeks to do the exact same thing..That is not all..Litigating lawyers will also feel the repercussions of the Draft Amendments..For one, the BCI wants to bring back the apprenticeship rule, wherein fresh graduates enrolled at the Bar are required to undergo training before they can start practising. This, after the Supreme Court in 1999 struck down the Bar Council of India Training Rules, 1995, which proposed a similar rule..Under Section 24, which contains the qualifications for being an advocate, a new clause (d) has been suggested..“(d) he has successfully completed the following programmes: .has undergone a course of training in law for a minimum period of three months from a Training Centre which is duly recognized by the State Bar Council with the prior approval of the Bar Council of India;has passed All India Bar Examination under All India Bar Examination Rules, 2010 of Bar Council of India;has been an apprentice for a period of 9 months with an advocate, who had been on the Roll of advocates for a period of not less than ten (10) years.”.And that is not the only rule they want to bring back..It is also recommended that new entrants to the Bar undergo a minimum period of practice in the lower courts before appearing in the High Courts and the Supreme Court. This was earlier suggested, and later withdrawn, under the Certificate of Practice and Renewal Rules of 2014, when the BCI wanted lawyers to have five years’ experience before appearing in the apex court..Under the present Draft Amendment Rules, that period is increased to six years. A new Section, 33C says,.“Minimum experience required to appear before different Courts of law and authorities:.(1) An advocate entitled to practice law before any court or before any authority under this Act, shall be so entitled to practice law only before such Courts of Law as are equivalent to Sessions Judge or District Judge and such other Courts….(2) An advocate entitled to practice law before any court or before any authority under this Act, after having practiced law before Courts, Tribunals etc. as mentioned in sub-section (1) of section 33C for a period of not less than two (2) years, shall be entitled to practice law before a High Court and such other Courts….(3) An advocate entitled to practice law…after having practiced law before Courts, Tribunals etc. as mentioned in sub-section (2) for a period of not less than three (3) years shall be entitled to practice law before the Supreme Court of India…”.Apart from this, the BCI, it seems, wants to play a greater role in regulating legal education. Towards this objective, it has suggested that it be empowered “to provide for a Common Entrance Test for admission in the Institutions imparting Legal Education in the Country”. This fact came to light a couple of weeks ago during the hearing of Shamnad Basheer’s petition..The Amendments also seek to make changes to the composition of state bar councils. Now, 70% of the members of these councils will require to have 20 years’ experience at the Bar. On a positive note, 10% of the seats of the state bar councils are suggested to be reserved for women..It has also been suggested that various bar associations around the country register themselves with the state bar council. An advocate enrolled with a state bar council is required to get himself registered as a member of a Bar Association. Moreover, advocates looking to switch from one state bar council to another are now required to pay a fee..The BCI also wants to have a say in the “general principles for guidance” of the Supreme Court Bar Association..A number of positive suggestions have been made in the Draft Amendments as well. These include the requirement of state and central governments to introduce welfare schemes for lawyers. These include mediclaim facilities, pension schemes and insurance schemes for advocates and their dependents. Also, it is looking to take a step towards making Continuing Legal Education a reality in India, through the establishment of a Directorate of Legal Education..So what is the likely future of these Amendments?.Litigating lawyers are expected to protest some of the suggestions, while law firms will certainly baulk at the prospect of being regulated by the BCI. And given the experience of Maharasthra’s law schools with the BCI, those in the legal education sphere are also unlikely to support these Amendments..Read the BCI’s Draft Amendments below.