BCI allows Foreign Lawyers and Firms:  Issues Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India

By Navasree A.M - On March 15, 2023 7:30 pm - 3 mins read
BCI -Foreign Lawyers - Firms - Rules for Registration - Regulation of Foreign Lawyers - Foreign Law Firms - India - Taxscan

The Bar Council of India (BCI) has permitted international attorneys and law firms to practise foreign law in India on a reciprocity basis, which is a significant milestone in the legal community.

The Advocates Act of 1961 established the BCI as a statutory institution to oversee the regulation of legal practice and instruction in India.

To allow foreign lawyers and arbitration professionals to provide advice in India, the BCI has published the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.

Nonetheless, the BCI has prohibited foreign attorneys from arguing matters before Indian courts. This rule is only applicable to arbitration and non-litigation situations.

The rules’ objectives and reasonings state that allowing foreign lawyers to practise law in India in the area of foreign law, as well as on a variety of international legal issues in non-litigious matters and international arbitration cases, would profoundly help foster the growth of the legal profession and domain in India, to the benefit of Indian lawyers as well.

Furthermore, it was said that the guidelines would be written so as to ensure a healthy balance between domestic and international lawyers. These Regulations are an effort by the BCI  in this direction, which would be advantageous for lawyers from India and abroad.

OUTLINE OF RULES

Registration of Foreign Lawyers

According to BCI rules, a lawyer’s or firm’s practice cannot last more than 60 days in any 12-month period, nor may they have an office in India.

  1. Registration Fee and Deposit Structure of Foreign Individual Lawyer and Firm:
FEE STRUCTUREUSD ($)
For an Individual25,000
For Firm, Private Limited Partnership, Company, LLP…etc.50,000
Renewal Fee for Individual10,000
Renewal Fee for Firm, Private Limited Partnership, Company, LLP…etc.20,000
SECURITY DEPOSITUSD ($)
For an Individual15,000
For Firm, Private Limited Partnership, Company, LLP…etc.40,000

The duration of registration is five years. Foreign law firms and attorneys are obliged to renew it by submitting an application within six months of the validity period’s expiration date.

An application for registration or renewal cannot be rejected by BCI unless the applicant has been given a fair chance to be heard. The Council shall be the final authority in all these matters.

Nonetheless, the Central government shall have the power to suggest cancellation of registration or renewal at any time on the premise of national security, or if it is of the opinion that such registration or renewal is against the national interest, “or for any other valid ground”.

Works Allowed and not allowed to Foreign Lawyers and Firms

The area of practice is very limited to foreign lawyers in pursuance with the rules issued. And also the number of days to work here is also limited. The BCI, in cooperation with the Union Ministry of Law and Justice, shall establish the legal practice areas that they are permitted to engage in.

Allowed To

  1. On a reciprocal basis, they will be permitted to gain experience in transactional work and corporate work, such as joint ventures, mergers and acquisitions, intellectual property issues, contract drafting, and other relevant areas.
  1. They are allowed to work, conduct business, and provide ideas and recommendations in relation to the primary qualification country’s legislation.
  1. They may offer legal counsel and represent a person, firm, company, corporation, trust, society, etc. with a foreign address in any international arbitration proceeding held in India, regardless of whether or not foreign law is involved.
  1. In situations where knowledge of the foreign law of the country of primary qualification is crucial, they may offer legal advice and make an appearance as a lawyer before bodies other than courts, tribunals, boards, and statutory authorities that are not legally permitted to take evidence under oath.
  1. They may offer legal counsel on various international legal concerns as well as the laws of the primary country of qualification. This exempts legal counsel and document preparation for proceedings before an Indian court, tribunal, or any other authority with the authority to record testimony under oath.

Not Allowed To

  1. No foreign lawyers or firms are allowed to testify in front of any courts, tribunals, or other statutory or regulatory bodies.
  2. They are not allowed to take part in any job related to property conveyance, title research, or other tasks of a similar nature.

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