An open legal services sector can enhance India’s ease of doing business: Law Society of England and Wales President Mark Evans

Mark Evans, the 181st President of the Law Society of England and Wales and only the third Welsh president in its 200-year history, is in India this week for talks with the Bar Council of India (BCI), the Ministry of Law and Justice and other key government functionaries.

In this interview with Bar & Bench's Pallavi Saluja, Evans speaks about what UK firms need to set up in India, what the UK-India Free Trade Agreement could mean for legal services and why his own journey shapes everything he brings to this role.

Edited excerpts follow.

Pallavi Saluja (PS): What is the specific purpose of your India visit? What does the Law Society want from this engagement?

Mark Evans (ME): We welcomed the BCI;s amended rules for the registration and regulation of foreign lawyers and foreign law firms in India as a significant development for our two professions. The BCI and the Law Society of England and Wales share the view that opening up the legal profession in India to foreign lawyers and law firms will also benefit the Indian legal sector. 

I am delighted to be here in India to discuss progress made with the BCI, the Indian Ministry of Law and Justice and other key government contacts. This visit gives us an opportunity to continue to collaborate and strengthen our relationship with our Indian counterparts.

PS: The BCI's 2025 amendments were meant to allow foreign lawyers to practice in India on a reciprocal basis. But there are concerns that the 60-day fly-in, fly-out limit and mandatory prior declarations are making things more burdensome. Is the door genuinely opening or just ajar? 

ME: Since the amended regulations were announced, we have been in regular contact with the BCI to progress the issue of foreign lawyers practising in India.

A few UK law firms are currently considering setting up offices in India to remain closer to their clients. India will stand to benefit from this, as this work will be carried out in their own jurisdiction and the UK firms will bring their established expertise to the Indian legal sector.

PS: What clarifications are you seeking from the BCI for UK law firms to open offices in India?

ME: There are a few challenges on which we are seeking clarifications and undergoing discussions with our colleagues at the BCI. These include fly-in and fly-out (FIFO) rules which entail a mandatory requirement for our firms to submit a prior declaration for each visit as well as a fee.

We hope to engage in a fruitful dialogue with the BCI and the government to find a mutually beneficial solution which works in practice for both the sides.

PS: The UK-India FTA has the potential to double UK exports to India, with legal services being a significant part of that. What does the Law Society need from both governments to turn that potential into reality?

ME: India is an immensely important jurisdiction for us and our members. All major international firms headquartered in London have India desks serving corporate clients with business interests in India.

Given the rapid growth of the Indian economy as well as the expansion of Indian companies abroad and foreign companies in India, the demand on the legal sector is expected to increase. The UK is well placed to support Indian growth through its strength in the provision of legal services.  

We believe that an open legal profession will create international business opportunities and contribute to India’s economic growth through greater global connectivity. This will help India fulfil its international ambitions as well as provide opportunities for India’s young legal professionals to develop globally competitive skills and become a leading international legal hub.

The UK’s Ministry of Justice has an ongoing dialogue on legal services with India through the UK-India Legal Professional Committee. The attention and support of both governments will continue to be welcomed, particularly at a time when resources will be allocated to the implementation of the UK-India Free Trade Agreement.

PS: The Indian legal market is protective of domestic lawyers and so is England and Wales in some ways. Is legal protectionism ultimately bad for clients?

ME: England and Wales is one of the most open and liberal legal services regulatory regimes in the world.

Home title practice by foreign lawyers is permitted, both for temporary provision of services and establishment purposes, outside of any recognition framework. Foreign lawyers including Indian legal professionals are free to offer legal advice and services in England and Wales, in any law, including English and Welsh law, with the only exception of the six reserved activities. Foreign lawyers in England and Wales also have a clear, transparent and proportionate path to requalification as a solicitor through the Solicitors Qualifying Examination (SQE). The SQE is open to lawyers from any foreign jurisdiction holding a degree in any subject, or an equivalent qualification or work experience.

We believe that similar to England and Wales, an open and competitive legal services sector has the potential to enhance India’s ease of doing business, thus helping India meet its ambitious goal of becoming the third largest economy in the world.

UK lawyers are keen to serve their Indian and international clients, in matters that are frequently of global commercial concern, by providing advisory and arbitration services. Greater connectivity with the global legal services market will greatly help Indian clients to realise their international ambitions at a competitive cost. The presence of UK firms and legal professionals would facilitate international trade, with Indian companies relying on their advice on addressing cross-border compliance and advice on how to operate in foreign markets.

PS: The solicitor profession in England and Wales is changing fast - alternative business structures, non-lawyer ownership, AI replacing junior work. Is the traditional law firm model going to survive the next decade?

ME: Some people believe AI will create more jobs, others see the opposite. Past technological advances like computers and the telephone required different skills. Law firms must also adapt by developing new skills. 

Ultimately though, the legal profession is not simply there to give the correct legal advice or answers, but to also provide guidance, support and address the wider needs and concerns that clients may have - skills and knowledge that cannot be easily replicated by a machine or system.

PS: You're only the third Welsh president in the Law Society's 200-year history. As someone from outside the traditional London legal establishment, what do you bring to the Law Society and its conversations with a country like India?

ME: My background is my strength and with Welsh passion, I want to ensure that voices of all our members are heard and represented, while championing the values of inclusivity, innovation and resilience that define the profession today.

One of my keen interests is endurance running, including marathons and ultra marathons so I hope I bring lots of energy and enthusiasm to my presidency as well as persistence and hard work.

Indeed, where time allows, I like to run with my counterparts abroad as it is a great way to get to know them and speak freely. I am a people person who loves to engage with and speak to people and build relationships that can help us move towards our common goals.

PS: You've had a remarkable rise from a small firm in North Wales to leading one of the legal world's most influential institutions. What's the one piece of advice you'd give to any lawyer - Indian or British - who feels like they don't quite fit the mould?

ME: No one in my family had worked in law and I had doubts if I could pursue a legal career because of my background, my education and lack of contacts. However, an interview with a firm in Wrexham led to a job as a trainee. And here I am, 30-odd years later.

I had a preconception that to be President of the Law Society, you had to be from a certain background, a certain university or a certain firm. But a conversation in 2014 with then Law Society president Nick Fluck inspired me. He told me he was from a small, two-partner firm in Lincolnshire, doing exactly the same work as me. He said, “If I can do it, why can't you?” That advice planted a seed for me and got me thinking that maybe I could do it too.

Hopefully, my journey and the conversations I have with young lawyers throughout my presidency will inspire and create opportunities for others too. So, my advice would echo Nick’s - If I can do it, why can’t you?