Opening up India’s legal market to foreign lawyers and firms has been talked about for many years - with little tangible consequence. However, following a meeting yesterday between the Law Society of England and Wales and the Bar Council of India (BCI), it seems the UK profession may be on the verge of a real breakthrough.

BCI representatives told the Society they are on course to implement amended regulations governing the entry of foreign lawyers and foreign law firms to India by the end of July. Initially, it is understood that the Indian legal market would be opened only to lawyers and law firms in the UK.

Nick Emmerson and BCI Chairman Manan Kumar Mishra

Nick Emmerson and BCI chairman Manan Kumar Mishra

Following years of stasis, liberalisation gained fresh impetus in March last year when the BCI published draft rules on the admittance of foreign lawyers and firms. It was proposed that foreign law firms would be allowed to set up offices in India, but only to advise their foreign clients about foreign laws. The rules were never implemented, partly because the Society of Indian Law Firms raised objections. The Law Society and Bar Council of England and Wales also sought more clarity.

A further impediment emerged when a legal challenge seeking to block the reforms was filed in the Delhi High Court. At yesterday’s meeting, the BCI voiced its expectation that the challenge will be dismissed when the case comes to court in Delhi on 16 July. That would enable amended regulations to be published shortly thereafter and implemented by the end of July.

What the amended regulations would contain remains to be clarified by the BCI. Issues under discussion with the Society have included the rules surrounding 'fly-in, fly-out' work by international firms; advising Indian clients, which remained proscribed in the draft regulations; and permission for Indian advocates to partner with foreign lawyers or to work as part of an international law firm partnership, and the extent of their practising rights. Indian advocates are not presently allowed to join international firms. 

'The Law Society, Bar Council of India and the Bar Council of England and Wales held successful and productive meetings,’ said Law Society president Nick Emmerson today. 'India is an immensely important jurisdiction for us and it has been a pleasure to have hosted the Bar Council of India to further reaffirm our shared interests.

'We all share an ambition to strengthen the bonds of friendship between English and Welsh and Indian lawyers and to further the cooperation between our two jurisdictions. The Bar Council of India confirmed that they hope to implement amended regulations to govern the entry of UK lawyers and UK law firms to the Indian legal sector by the end of July.'

 

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