BCI Issues Conditions for Foreign Lawyers and Law Firms to Practice in India

NEW DELHI: In a major breakthrough for the Indian legal fraternity, the Bar Council of India has now permitted foreign lawyers and law firms to participate in a few types of cases in the country. The organisation has published a list of the types of cases where participation by foreign lawyers and firms is permitted as well as the criteria and fees associated with the same.

The Bar Council of India mentioned, "the standards of Indian lawyers in proficiency in law 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."

The following are the areas where a Foreign Lawyer/ Law Firm can work in India.

• Conducting work, doing business, and giving advice and opinion concerning the laws of the country of their primary qualification.
• Providing legal advice and appearing as a lawyer for a person, firm, company, corporation, trust, society etc. who/which is having a registered address or principal office or head office in a foreign country in any international arbitration case is conducted in India and in such arbitration case “foreign law” may or may not be involved.
• Providing legal advice and appearing as a lawyer for a person, firm, company, corporation, trust, society etc. who/which is having an address or principal office or head office in a foreign country of the primary qualification in proceedings before bodies or other than Courts, Tribunals, Boards, statutory authorities who are not legally entitled to take evidence on oath, in which knowledge of foreign law of the country of the primary qualification is essential.
• Providing legal advice concerning the laws of the Country of primary qualification and on diverse international legal issues, provided that such legal advice unless otherwise provided for in the Rules and shall not include representation or the preparation of documents regarding procedures before an Indian Court of Law, Tribunal or any other Authority competent to record evidence on oath or preparation of any documents, petitions etc. to be submitted to any such forum regarding such procedures.
• Provided that an Advocate enrolled with any State Bar Council in India and is a partner or Associate in any Foreign Law Firm registered in India under these rules and regulations, can take up only non-litigious matters and can advise on issues relating to countries other than the Indian Laws only. Such a Lawyer shall have no advantage/right of his being an Advocate enrolled in India.

A foreign lawyer or foreign law firm must apply for registration with the Secretary, Bar Council of India in ‘FORM A' appended to the Rules along with the registration fee, and non-refundable Process charges to take part in any of the preceding conditions. The registration fee for individuals is USD 25,000 and firm or private limited partnership, company or Limited Liability Partnership is USD 50, 000. The security deposit in the case of a foreign individual is USD 15,000 and for an organisation is USD 40,000.

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