Bar Council of India permits foreign lawyers and law firms to practice in India
- NEWS ASSAM
- Mar 15, 2023
- 2 min read
Bar Council of India permits foreign lawyers and law firms to practice in India
The rules also stated that the areas of law practice by a foreign lawyer or foreign law firm shall be laid down by the BCI and, if need be, it may consult the Union government and the law ministry
In a significant decision, the Bar Council of India (BCI) has opened law practice in India to foreign lawyers and law firms. The BCI, which had earlier opposed the move, notified on Monday the Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.
NewsIndiaBar Council of India permits foreign lawyers and law firms to practice in India
Bar Council of India permits foreign lawyers and law firms to practice in India
The rules also stated that the areas of law practice by a foreign lawyer or foreign law firm shall be laid down by the BCI and, if need be, it may consult the Union government and the law ministry bar council of India.
“A foreign lawyer registered under rules shall be entitled to practice law in India in non-litigious matters only…” the rules stated. This means that foreign lawyers and law firms cannot appear in courts but can only provide legal advice by registering with the BCI.
“The foreign lawyers or foreign law firms shall not be permitted to appear before any courts, tribunals or other statutory or regulatory authorities. They shall be allowed to practice on transactional work /corporate work such as joint ventures, mergers and acquisitions, intellectual property matters, drafting of contracts and other related matters on reciprocal basis,” the notification stated.
The rules also stated that the areas of law practice by a foreign lawyer or foreign law firm shall be laid down by the BCI and “if need be, the Bar Council of India may consult the Govt. of India, Ministry of Law and Justice in this regard”.
Significantly, under the rules, BCI may also refuse to register any foreign lawyer or law firm if “in the opinion of the Council, the number of Foreign Lawyers or Foreign Law Firms of any particular Foreign country registered in India is likely to become disproportionate to the number of Indian Lawyers or Indian Law Firms registered or allowed to practice law in the corresponding foreign country”.
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