Entry of foreign lawyers and firms will help Indian lawyers too: BCI tells Delhi High Court

Defending its decision to allow the entry of foreign law firms and lawyers into India, the Bar Council of India (BCI) has informed the Delhi High Court that the move will benefit Indian lawyers as well [Narendra Sharma and Ors v. Bar Council of India and Ors]..In a detailed affidavit filed before the Delhi High Court, BCI has said,“The standards of Indian lawyers in proficiency is comparable with the international standards and the legal fraternity in India is not likely to suffer any disadvantage in case law practice in India is opened up to foreign lawyers in a restricted and well controlled and regulated manner on the principle of reciprocity as it would be mutually beneficial for lawyers from India and abroad and the impugned Rules are an attempt by Bar Council of India in this direction.".The BCI has said that it will hold consultations with stakeholders to address issues in the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 raised by Indian lawyers and law firms."The Bar Council of India is in the process of making certain necessary amendments in these Rules and Regulations in order to ensure the factum of reciprocity in letter and spirit...The amendments would be aimed at a greater collaboration between foreign and Indian lawyers, and towards a more inclusive and integrated legal system in India.".Among the provisions being amended, the BCI says, are those pertaining to reciprocity and the fly-in, fly-out model that allows foreign lawyers to operate in India for a maximum of 60 days in any period of 12 months."Even “the fly in and fly out” entry has to be regulated. The Bar Council of India is proposing to make these changes in the light of observations of apex court very soon. The Bar Council of India recognizes the need for specific amendments to the current Rules and Regulations. The objective is to ensure that the principle of reciprocity is not only adhered to in writing but also in its true spirit."Pending consultations with stakeholders, there shall be a temporary "stalling of the processes," BCI has assured..The affidavit states that the Rules will also help make India a hub of international commercial arbitration.“In case, we sleep over the matter, the legal fraternity of India may be left behind in providing legal/professional expertise in accordance to the rule of law in a manner consistent with the best interests of this fast-growing class of clients in India,” the reply stated..BCI’s reply has come in response to a Public Interest Litigation (PIL) filed by a group of lawyers challenging the notification issued by the BCI on March 10, 2023.They argued that the BCI did not have the authority or power under the Advocates Act of 1961 to issue the notification allowing foreign lawyers to be registered in India and to practice law in non-litigious matters.The plea challenging the entry of foreign law firms will come up for hearing before the Delhi High Court on July 16..In its reply to this plea, BCI has argued that the petitioners have wrongly interpreted the judgment of the Supreme Court in Bar Council of India vs AK Balaji & Ors and the provisions of the Advocates Act, 1961 which empowers the BCI to frame rules and regulations with respect to the practice of law in India..On June 28, 2024 Bar & Bench exclusively reported that the BCI is likely to notify and implement amended regulations to govern the entry of foreign lawyers and foreign law firms by the end of July. It was reported that for the time being, the Indian legal market will be opened only to lawyers and law firms in the United Kingdom (UK).BCI made this announcement at a meeting held with the Law Society and the Bar Council of England and Wales at the Law Society's Hall in London.Just days after the report, Lalit Bhasin, President of the Society of Indian Law Firms (SILF), wrote to BCI Chairman Manan Kumar Mishra asking him to share and discuss the amended rules allowing the entry of foreign lawyers and law firms before notifying the same.