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Recently, the Bar Council of India permitted foreign lawyers and law firms to practice in India.
BCI notified Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.
About rules
Allows foreign lawyers and law firms to register with BCI to practise in India.
A foreign lawyer registered under rules shall be entitled to practice law in India in non-litigious matters only, which would be laid down by BCI in consultation with Ministry of Law.
They are allowed to practice transactional work /corporate work such as joint ventures, mergers and acquisitions, intellectual property matters, drafting of contracts and other related matters on a reciprocal basis.
However they will not be allowed to appear before any courts, tribunals or any other regulatory authorities.
Significance of the move
Law firm will benefit from exposure to global best practices.
It will provide foreign firms and investors with some judicial comfort.
About BCI
It was established by Parliament under section 4 of Advocates Act, 1961 to regulate and represent Indian bar.
Statutory functions of BCI include:
prescribes standards of professional conduct.
Safeguard the rights, privileges and interests of advocates
Promote and support law reform
Deal with and dispose of any matter which may be referred by a State Bar Council
It also sets standards for legal education
grants recognition to universities for degree in law
Recognise foreign qualifications in law obtained outside India for admission as an advocate.
Structure:
It consists of members elected from each state bar council, and the Attorney General of India and the Solicitor General of India who are ex officio members.
The council elects its own chairman and vice-chairman for a period of two years from among its members.