Law firms in India must register with Bar Councils: BCI proposes changes to Advocates Act

Every law firm operating in India will have to register under the Draft Advocates (Amendment) Bill, 2026 released by the Bar Council of India (BCI) for public consultation.

The draft proposes inserting a separate chapter titled “Registration of Law Firms” into the Advocates Act, 1961. Sources familiar with the development told Bar & Bench that law firms operating across multiple States would have to register with the Bar Council of India, in addition to the concerned State Bar Councils.

The draft defines a law firm as a partnership, limited liability partnership, company or any other body consisting of advocates and engaged in the practice of law.

A partner or owner of the firm may apply to the BCI for registration on payment of the prescribed fee. The BCI will maintain a register of law firms and annually furnish the list to the Central or State government.

The BCI would also be empowered to prescribe standards of professional conduct and etiquette for advocates and law firms. It said that the move would provide statutory recognition to Indian law firms for the first time.

The BCI said it particularly wanted to encourage advocates practising at the State, district and taluka levels to form and register law firms. At present, it noted, the law firm model was largely concentrated in metropolitan cities.

The proposed amendments also seek to incorporate a framework for regulating foreign lawyers and foreign law firms directly into the Advocates Act.

The BCI would be empowered to register foreign lawyers and law firms for prescribed areas of practice and to renew, suspend or cancel such registrations. It may also allow them to operate temporarily in India on a “fly-in and fly-out” basis.

However, rules concerning the registration and fly-in fly-out practice of foreign lawyers would require the prior approval of the Central government.

The draft retains reciprocity as a central condition. Where a foreign country prevents Indian citizens from practising law or subjects them to unfair discrimination, citizens and law firms from that country may be barred from practising in India.

Registration as a foreign lawyer or law firm would not amount to enrolment as an advocate on a State roll.

The permitted areas of practice would be prescribed by the BCI. However, foreign lawyers and law firms would continue to be barred from appearing before Indian courts, tribunals, authorities or other forums where only advocates enrolled under the Advocates Act are entitled to practise.

The only express exception concerns appearance before an arbitral tribunal in an international commercial arbitration where foreign law governs the substance of the dispute.

Therefore, foreign lawyers would not be permitted to practise Indian law, undertake Indian litigation or claim the rights available to advocates enrolled in India.

“The doors of India would be opened up for foreign law firms in phased manner only i.e. in a way which could suit the Indian Law Firms,” it added.

On the entry of foreign law firms, the BCI disclosed that a committee headed by Cyril Amarchand Mangaldas Managing Partner Cyril Shroff and comprising representatives of reputed Indian law firms had submitted a report on the issue. The BCI said that it would consider the report before proceeding further.

The proposed framework largely codifies the regulatory approach adopted by the BCI through its 2023 Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, which were amended in 2025.

Stakeholders have been invited to submit their suggestions on the draft by 3 pm on July 31. The proposals will acquire statutory force only if enacted by parliament and brought into operation by the Central government.

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