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Procedural hurdle for foreign law firms

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The government has set the ball rolling to liberalise legal services, and allow entry of foreign law firms in India. In a meeting chaired by secretary, ministry of law and justice, on Tuesday, there was in- principal agreement among various stakeholders that included representatives of The Bar Council of India, the legal fraternity, and the sector, on the move to open up legal services. However, there are differences among stakeholders on certain procedural issues to allow foreign law firms to offer services in the country.
Last week, The Bar Council of India ( the regulator of country’s legal services) circulated among its members the draft rules for foreign law firms and lawyers to practice in India.
These included the terms for registration with The Bar Council that allows them to offer non- litigation legal opinion in non- Indian laws, in association with Indian law firms.
However, the draft rules attracted criticism from Society of Indian Law Firms (Silf) that has many large- and mid- sized law firms as its members. The lobby group has been advocating a phased entry for foreign law firms and lawyers, spread over five to seven years. “ The draft rules do not reflect our position,” said Lalit Bhasin, president, Silf.
Bhasin said there was a need for internal liberalisation of the legal profession before opening up legal services.
An Indian law firm or lawyer is not allowed to publicise his or her services, but that is not the case with foreign firms, he said. There are issues around ownership structure of foreign law firms. In India, companies are not allowed to set up a law firm.
Business Standard  New Delhi, 06th July 2016

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