The Bar Council of India has come up with clarification on new Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.
With the view clear air on misapprehensions that are being circulated with regard to these Rules notified to allow entry of Foreign Lawyers and Law Firms in India, the Council has stated that it want to leave no room for misinformation.
It has been stated that the Rules allow Foreign Lawyers and Law Firms to advise their clients on Foreign/International Laws only.
The clients themselves will be foreigners only and they can't make Indian clients with the aid of the Rules.
They are also not allowed to enter the litigating arena and shall be allowed to function in non-litigating area only.
They are not allowed to appear on any forum legally entitled to take evidence on oath and or having tapping of a court.
The entry is only on 'reciprocity' basis, as in only countries where Indian Lawyers/ Law Firms are allowed to practice and seek entry in India. It's the essence of the Rules.
Foreign Lawyers are allowed to appear for their clients in International Commercial Arbitration with view to make India a more preferable venue.
Stating that the Rules are framed on Supreme Court directives, the Bar Council has requested that these shouldn't be misconstrued to allow any non lawyer or any BPO etc. any agent, to come to India and start practicing in any sphere and/or under any trading style if in pith and substance it amounts to practice of law as held in A.K. Balaji & ors.
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