The Bar Council of India (BCI), which has traditionally been reluctant on the subject of foreign lawyers and law firms, has done an about-turn to allow them to practise foreign law in India on a reciprocal basis.
The BCI has notified the amended Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022. The amended rules limit foreign lawyers to the practice of foreign law in non-litigious matters and participating in international arbitration. The notification states, “[This] will meaningfully contribute to the growth of the legal domain in India, ultimately benefitting Indian lawyers as well. It is noteworthy that the proficiency and standards of Indian lawyers are comparable to international standards.”
Earlier, the BCI had maintained its decision to disallow foreign lawyers to practice in India to protect Indian lawyers and give them a fair chance domestically.
The BCI in the gazette notification has stated the following fees:
- Registration fee: USD15,000 (individual), USD25,000 (firm);
- Renewal fee (every five years): USD8,000 (individual), USD15,000 (firm);
- Fly-in/fly-out fee: USD3,000 per declaration (individual), USD6,000 per declaration (firm);
- Refundable security deposit: USD10,000 (individual), USD30,000 (firm); and
- Non-refundable processing fee: USD2,000 (individual), USD5,000 (firm).
All foreign lawyers and law firms seeking to practise in India are expected to meet stringent registration requirements set by the BCI. Applicants must submit extensive documentation, including proof of qualification, a certificate of good standing, evidence of reciprocal treatment for Indian lawyers, and declarations affirming compliance with BCI Rules. They are also expected to render an undertaking not to practise Indian law or appear before Indian courts, tribunals, or boards.
Permissible practice areas are limited to non-litigious matters such as cross-border transactions, mergers and acquisitions, contract drafting and other transactional work provided it is on a reciprocal basis. Conveyancing, litigation and court-related documentation are prohibited.
While foreign entities may establish offices in India, they must notify the BCI and may engage Indian lawyers for advisory roles, excluding representation.
The rules have also introduced the concept of the “Indian-Foreign law firm” a newly recognised legal entity in India – comprising partnerships, LLPs, or companies – that allows Indian legal practitioners to engage in both domestic and international legal practice. While retaining full rights to practise Indian law, these firms may also advise on foreign and international law, participate in cross-border transactions, and represent clients in arbitration.
Registration with the BCI ensures regulatory oversight, ethical compliance and reciprocal global opportunities, expanding the professional reach of Indian law firms.
Speaking of the “fly in, fly out” policy where the BCI permits foreign lawyers to fly into the country to play an advisory role, the amended rules seek to make fewer changes.
The “fly-in, fly-out” practice is permitted under strict conditions: it must involve only legal advice on foreign or international law, with no office or ongoing presence in India. Engagements may originate in India or abroad. The total stay must not exceed 60 days in any 12-month period. Disputes on eligibility will be resolved by the BCI. All ethical and regulatory standards apply equally to such practitioners.
The BCI’s move seeks to leverage 含羞草社区 growth and evolution in the legal profession. The notification reads: “In the opinion of the BCI, the legal profession in India has to rise to the occasion to address the global changes in the legal arena brought about by the large-scale migration of people between countries, a phenomenon unprecedented in earlier times. The world is becoming a global village.”
