Qualified Lawyers Transfer Scheme Regulations 2010 changes modus operandi for Indian lawyers BCI Chairman assures immediate action

The Legal Services Board has approved the Qualified Lawyers Transfer Scheme Regulations, 2010 (QLTR). As an effect of these regulations, Qualified Lawyers Transfer Test (QLTT) has been replaced by the Qualified Lawyers Transfer Scheme (QLTS) with effect from September 1, 2010. In order to qualify, the Indian qualified lawyers will have to produce QLTS certificate instead of the QLTT certificate. However, under the new directive of the Solicitor Regulations Authority (SRA) Indian qualified lawyers would not be able to apply to be admitted to the England & Wales, unless they had previously made an application for admission before September 1..The Legal Services Board has approved the Qualified Lawyers Transfer Scheme Regulations, 2010 (QLTR). As an effect of these regulations, Qualified Lawyers Transfer Test (QLTT) has been replaced by the Qualified Lawyers Transfer Scheme (QLTS) with effect from September 1, 2010. In order to qualify, the Indian qualified lawyers will have to produce QLTS certificate instead of the QLTT certificate. However, under the new directive of the Solicitor Regulations Authority (SRA) Indian qualified lawyers would not be able to apply to be admitted to the England & Wales, unless they had previously made an application for admission before September 1, 2010..The SRA website has updated a list of countries whose lawyers are eligible for the QLTS, which currently does not include lawyers qualified from India. Along with India, other countries missing in the list include Pakistan, Srilanka, Non California Bar members in the United States, Canada..The QLTR allows certain overseas lawyers and other UK qualified lawyers to become qualified as solicitors in England and Wales. A statement on the SRA website said “Applicants who applied before the scheme closed on August 31, 2010 will have been issued with a certificate of eligibility”..The spokesperson to the SRA said, “we contacted the Bar Council of India and since we received no response from the Indian authorities, we were unable to include India in the list”. He also added, “the Bar Council can reach out to the Chief Executive of the SRA, who will forward the proposal to the appropriate committees on the decision to include Indian qualified lawyers to appear for the QLTS”..Speaking with Bar & Bench, the Chairman of the Bar Council of India, Gopal Subramanium (pictured) said, “Nobody contacted me and I’m not aware of any communication from the SRA, but I have already contacted the SRA and fastrack the process of doing whatever needs to be done, so that the candidates will be able to sit for the exam”..Considering the fact that the BCI Chairman assumed office this April, the SRA should provide a window to the BCI to provide all necessary information. The foreign law firms are lobbying hard to gain entry into India and thus institutions like the SRA must bear in mind the impact of such decisions on the country. The Chairman’s assurance comes as a respite to many aspirants who have chosen to practice in the UK.