BCI’s Amended Rules on Entry of Foreign Lawyers and Firms: Key Highlights

To safeguard the interests of Indian legal professionals, the Bar Council of India (BCI) has amended its framework governing the entry and operation of foreign lawyers and law firms in India.

The Bar Council of India Rules for Registration and Regulation of Foreign Lawyers or Foreign Law Firms in India, 2022, enable Indian lawyers to access foreign legal markets based on principles of reciprocity.

Key features of the amended Rules are as follows:

• Mandatory registration: Foreign lawyers and law firms must register with the BCI to practice law in India. It is stipulated that the total duration of such practice in India should not exceed 60 days in aggregate within any 12-month period. Registration is valid for 5 years, with renewals to be applied for within 6 months before expiration. The applicable fees are prescribed in the Schedule to the 2022 Rules.

• Fly-in, fly-out exception: Registration is not required when foreign lawyers or law firms are engaged in the practice of law in India on a ‘fly-in, fly-out’ basis, subject to Rule 8(5). The purpose is to provide legal advice to clients in India concerning foreign law, the foreign lawyer’s own legal system, or international legal issues

• Permissible areas of practice: Registered foreign lawyers and law firms are entitled to practice law in India in non-litigious matters only. Permissible areas of practice include engaging in corporate legal matters such as joint ventures, mergers and acquisitions, intellectual property matters, drafting of contracts, and other related transactional work, provided such work is on a reciprocal basis. Other permissible areas of practice are outlined in Rule 8(2)(e).

• Prohibited activities: Foreign lawyers and law firms are strictly prohibited from appearing before Indian courts, tribunals, or other statutory or regulatory authorities unless explicitly permitted by the Bar Council of India or as provided under the Rules. Further, they are prohibited from performing the following activities:

• • Conveyancing of property, title investigation, or similar work;
  • Drafting, preparing, or filing documents for proceedings before Indian courts, tribunals, or other authorities empowered to record evidence on oath.

Engaging in such activities will result in penalties, including suspension or cancellation of registration.

• Opportunities for Indian lawyers and firms: The amendments now allow Indian lawyers and law firms to register as foreign lawyers or law firms, without relinquishing their rights to practice Indian law in domestic forums. This gives them the additional ability to engage in non-litigious legal practices concerning foreign law, international law, and arbitration matters. Such a dual registration regime was not envisaged under the Rules notified back in March 2023.

Moreover, such registration enables them to enter into partnerships with foreign lawyers or law firms. Without registration, they cannot enter into such partnerships, but they may still receive referred work.

• Indian advocates working with foreign law firms: As per Rule 8(3), Indian advocates enrolled with any State Bar Council and working as partners or associates in foreign law firms registered in India under the Rules may engage in non-litigious matters, including advisory work related to foreign law or international law.

Rule 9(vi) specifies that Indian lawyers may also work as employees, consultants, or advisors in foreign law firms abroad without needing registration. It is made clear that the partnership status in foreign law firms will be governed by the laws of the respective foreign jurisdiction.