Lalit Bhasin, President of the Society of Indian Law Firms (SILF), has formally requested Bar Council of India (BCI) Chairman Manan Kumar Mishra to discuss the newly proposed regulations on the entry of foreign lawyers and law firms into India before their official implementation. Bhasin’s letter follows the BCI’s recent announcement, reported by Bar & Bench, indicating that the amended rules would likely be notified and enforced by the end of July.
The BCI’s announcement came during a meeting with the Law Society and the Bar Council of England and Wales held at the Law Society’s Hall in London. This initial phase of market liberalization will exclusively allow lawyers and law firms from the United Kingdom to enter the Indian legal market. The initiative to open the Indian legal sector gained momentum in March last year when the BCI introduced the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.
Subsequently, a press release issued by the BCI on March 19, 2023, clarified that foreign law firms would be permitted to establish offices in India, but only to advise their foreign clients on international legal matters. Despite welcoming this development, SILF expressed concerns regarding the timing and implementation of these new rules.
SILF’s concerns were highlighted in a representation sent to the BCI, emphasizing the need for consultation to ensure that the new regulations are clear and comprehensive. In its letter dated July 1, SILF stated that its previous concerns had not been addressed and that the new rules were being formulated without their input. Bhasin wrote,
“It may be useful and fruitful to discuss the revised version with SILF members before the said revised rules are notified so as to avoid any ambiguity, omissions and deficiencies.”
He further stressed the importance of sharing the proposed revised rules with SILF to facilitate a constructive dialogue and ensure that any potential issues are addressed before finalizing the regulations.
