Bar Council allows foreign lawyers to practise in India
Representational image
New Delhi: In a significant decision, the Bar Council of India (BCI) on Wednesday opened law practice in India to foreign lawyers and law firms. The BCI, which had earlier opposed the move, notified the Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.
"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 Ministry of Law and Justice in this regard".