The Delhi Bar Council (BCD), Delhi High Court Bar Association (DHCBA) and other bar associations in the capital have recently enacted the Indian Bar Council (BCI) Regulations allowing entry of foreign lawyers and law firms. requested to stop. Practice foreign law in India on the basis of reciprocity. The BCD has submitted an interim report to the BCI, stating that it has appointed an ad hoc committee to review the BCI Regulations on Registration and Regulation of Foreign Lawyers and Law Firms in India on 20 March 2023. At the meeting, committee members agreed that the regulation would have a profound and far-reaching impact on the Indian legal community.
“Similar bills were enacted without the confidence of the legal community across the country,” the report said. The report concluded that the BCI regulations would seriously harm the legal profession and endanger the interests of all Indian lawyers. Members decided that all bars should hold a meeting and inform members about the rules and their consequences. In the meantime, they asked the BCI to suspend the effect of the rule.
The BCD’s interim report includes the discussions that took place during the three meetings held by the special committee. Some of them are:
1. The legal profession in India, which is to be considered noble, would come within the definition of commercial activity;
2. There is no categorical provision for reciprocity as Indian lawyers need to register with solicitor firms and are required to pass Solicitor Qualification Examination (SQE).
3. Advocates will be subject to jurisdiction of consumer forum and will have to face cases lodged by their clients before the consumer redressal forum.
4. Foreign lawyers would be free to advertise, solicit and share commissions, which is not permissible to Indian lawyers under the Advocates Act and BCI rules.
On 10 March 2023, BCI issued the Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 by the Indian Lawyers’ Council, permitting the registration of International Lawyers and Advisory Arbitration Practitioners in India. On March 20, he issued a press release, clarifying that these foreign lawyers and law firms can only provide legal services and international law advice and legal advice. We will only provide it to foreign customers. This week the BCI signed a Memorandum of Understanding (MoU) with the England and Wales Lawyers’ Council and the Law Society of England and Wales to clarify the conditions under which Indian lawyers can practice as lawyers. in England.
In a press release announcing the memorandum, the BCI said its recently introduced rules allowing foreign law firms to participate in each other “required a number of changes.” important”. He added that he would consider representations from Indian law firms and Indian Lawyers divisions, as well as advice from foreign agencies before making any changes such as so.
Sandeep Kumar Pareek , B.A. LL. B 2ND SEM, RNB Global University intern underlegal vidhiya
0 Comments