The Bar Council of India (BCI) has made a significant decision by opening up law practice in India to foreign lawyers and law firms. The BCI had previously opposed this move, but has now notified the Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022. These rules state that foreign lawyers and law firms can only practice law in India in non-litigious matters, meaning they cannot appear in courts but can provide legal advice by registering with the BCI.
The notification further states that foreign lawyers or law firms will not be permitted to appear before any courts, tribunals, or other statutory or regulatory authorities. However, they will 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 a reciprocal basis.
The BCI will lay down the areas of law practice by a foreign lawyer or foreign law firm, and if necessary, consult with the Ministry of Law and Justice in this regard. This move is expected to provide opportunities for foreign lawyers and law firms to work with Indian clients and expand their business in the country.
