Entry of foreign lawyers and law firms: Bar Council of Delhi, High Court Bar Association seek stay on BCI Rules

The Bar Council of Delhi (BCD), the Delhi High Court Bar Association (DHCBA) and other lawyers' bodies in the capital have sought a stay on the recently issued Bar Council of India (BCI) Rules allowing the entry of foreign lawyers and law firms to practice foreign law in India on a reciprocity basis..BCD has submitted an interim report to the BCI stating that it had appointed a special committee on March 20, 2023 to consider the BCI Rules for registration and regulation of foreign lawyers and law firms in India. In its meetings, the committee members unanimously felt that the Rules had serious repercussions and far-reaching effects on the legal profession in India."The same has been issued without taking the legal fraternity across the country into confidence," the report stated.The report concluded that the BCI Rules will substantially damage the legal profession and jeopardize the interest of all Indian advocates..The members resolved that all bar associations will hold meetings to apprise their members about the Rules and its consequences.In the meantime, they have requested BCI to stay the effect of the Rules..The interim report of BCD contained the deliberations which took place in the three meetings held by the special committee. Some of these were:Legal profession in India, which is considered to be noble, would come within the definition of commercial activity;There is no categorical provision for reciprocity as Indian lawyers need to register with solicitor firms and are required to pass Solicitor Qualification Examination (SQE).Advocates will be subjected to the jurisdiction of consumer forum and will have to face cases lodged by their clients before the consumer redressal forum.Foreign lawyers would be free to advertise, solicit, share commissions, which is not permissible to Indian lawyers under the Advocates Act and BCI Rules..On March 10, 2023, BCI came out with the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 to enable international lawyers and arbitration practitioners to advise in India.On March 20, it issued a press release to clarify that such foreign lawyers and law firms can offer legal advice and services only on international laws and such advice can be tendered only to foreign clients..This week, the BCI signed a Memorandum of Understanding (MoU) with the Bar Council of England and Wales and the Law Society of England and Wales clarifying the conditions under which Indian lawyers will be allowed to practice in the United Kingdom.In a press release announcing the MoU, the BCI said that its recently introduced Rules allowing the entry of foreign law firms on a reciprocal basis "needed certain crucial changes".It added that it will consider representations from Indian law firms and sections of the Indian Bar, as well as the opinions of foreign bodies before making such changes.