Foreign Law Firms

Uncertainties and ambiguity surrounding the regulatory landscape despite a year passing since the Bar Council of India's notification is making the foreign law firms anxious

Confusion persists on the reciprocity framework, the restriction to advise only "foreign" clients in India, and the bar on "fly-in, fly-out" if the law firm has a local office, among other issues

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Worried about star performers being poached

Bar Council of India also said that the new rules will help India become a global hub of international commercial arbitration

BCI's move recognises India's corporate globalisation

Reversing a decades-long stance, the Bar Council of India this week permitted firms from certain countries to register in India, open offices and advise local clients on international law

BCI said that the entry of foreign firms will be restricted, well-controlled and regulated to ensure that it is mutually beneficial to Indian as well as foreign lawyers

Extensive stakeholder consultation and pragmatic measures to assuage the concern of Indian lawyers are necessary before changes are affected

Foreign law firms could carry on their liaison activities in India only on being enrolled as advocates under the Advocates Act

The government has set the ball rolling to liberalise legal services, and allow entry of foreign law firms in India. In a meeting chaired by secretary, ministry of law and justice, on Tuesday, there was in-principal agreement among various stakeholders that included representatives of The Bar Council of India, the legal fraternity, and the sector, on the move to open up legal services. However, there are differences among stakeholders on certain procedural issues to allow foreign law firms to offer services in the country.Last week, The Bar Council of India (the regulator of country's legal services) circulated among its members the draft rules for foreign law firms and lawyers to practice in India. These included the terms for registration with The Bar Council that allows them to offer non-litigation legal opinion in non-Indian laws, in association with Indian law firms.However, the draft rules attracted criticism from Society of Indian Law Firms (Silf) that has many large- and mid-si