BCI Rules on entry of foreign law firms vague; need to put our house in order: Delhi lawyers

During a panel discussion on Monday, senior members of the Delhi Bar opined that the recent Bar Council of India (BCI) Rules which enable foreign lawyers and arbitration practitioners to advise in India were vague and unclear..While speaking at the Lawyers and Social Transformation: Youth in Policymaking and Governance event conducted by Young Advocates, a panel discussed the entry of foreign law firms in India. The Rules styled Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 allow foreign lawyers and law firms to practice foreign law in India on a reciprocity basis..Senior Advocate and President of the Delhi High Court Bar Association Mohit Mathur commented that the rules appear to have been introduced in haste. "In March the judgment (on Bar Council of India powers to hold exam) had come, then ... Hardly any stakeholders had commented on it. Rules as framed and even the clarification leaves much to be desired", he said. He added that terms were vaguely defined and sweeping. "Disciplinary action powers only with Bar Council of India on 'substantive misconduct', vaguely defined. We do not know the qualifications required. It is said their primary place will govern the rules, but we do know how far they study.".Senior Advocate Jayant Mehta concurred with these views, and further said that the rules should have been debated and discussed before being released. However, he also said that it is important to increase interaction with foreign lawyers as well as firms so they know what Indian lawyers made of."Let us not miss the woods for the trees. Is it something bad or will subserve our interests? Such a close interaction would definitely help us prepare better. As more and more companies operate their businesses abroad. There is no doubt that we are sitting on a power keg of issues facing us.".Advocate-on-Record Apoorv Kurup agreed that there is some vagueness as to how quality control will be ensured."It is a situation where we did not have the experience or know fully how the Bar Council is going to clarify the rules," he remarked..Senior Advocate Priya Hingorani emphasised that there is need to put our house in order since talking of foreign law firms entering Indian market, would mean that there will be good pay. "So ethics is something I would say one must maintain the highest standard of, towards colleague, client and court.".Big law firms are afraid that smaller, younger firms will benefit from entry of foreign law firms: BCI Chairman Manan Kumar Mishra.[Read our live-coverage of the panel discussion below]