BCI mooting democratically elected, pan-India registry of law firms

The Bar Council of India (BCI) on Tuesday revealed that it is setting up a registry of all Indian law firms and their lawyers with a view to establishing a democratically-elected pan-India body.

The same was revealed in a press release criticising the Society of Indian Law Firms (SILF) for its public opposition to the manner in which the BCI aims to allow the entry of foreign lawyers and law firms into the country. While finding flaws with SILF, the statement said,

"Further, it is important to bring to public attention that SILF has not held the elections for its office bearers in decades and continues to operate as an exclusive association. It cannot claim representative status for the thousands of law firms operating across India. BCI is in the process of preparing a centralized registry of all law firms and lawyers practicing within them, with the aim of establishing a democratically-elected pan-India organization of Indian law firms. This organization will ensure that voices from every region and practice level are included in the policy dialogues."

In a strongly-worded communication, BCI has accused SILF of representing only the interests of big law firms in India. The legal profession regulator stated,

"It is widely acknowledged that a small group of Firms have monopolized corporate, transactional, and arbitration work in India through a combination of scale, proximity to decision-makers, and indirect arrangements with foreign clients. This has stifled the growth of smaller law firms and talented young lawyers. The BCI, through these Regulations, seeks to democratize access to cross-border legal work and dismantle the structural monopolies that have long existed within the Indian legal services sector."

The release went on to counter SILF's opposition to the liberalisation of the legal market.

"SILF has also attempted to mischaracterize the Regulations by claiming that Indian legal practice is being compromised. In fact, the Regulations explicitly protect Indian legal sovereignty. This conduct is not only unbecoming of members of the legal fraternity but also undermines the institutional integrity of a statutory regulatory authority under the Advocates Act, 1961."

SILF, a collective body of India's top law firms, has found fault with the manner in which the BCI aims to liberalise India’s legal landscape.

In an interview with Bar & Bench, SILF President Lalit Bhasin had said that the BCI’s decision was premature, as the case challenging the move is still sub-judice before the Delhi High Court. He added that an earlier decision of the Supreme Court had said that foreign law firms cannot practice in India. 

The SILF President, however, clarified that he supports the entry of foreign law firms to India.

SILF also recently formed a committee headed by Shardul Amarchand Mangaldas Chairman Shardul Shroff to give suggestions on the amended rules notified in May this year.