The Bar Council of Delhi (BCD), along with the Delhi High Court Bar Association (DHCBA) and other lawyers' bodies in the capital, have jointly sought a stay on the recently issued Bar Council of India (BCI) Rules that permit the entry of foreign lawyers and law firms to practice foreign law in India based on reciprocity.
To address this matter, the BCD submitted an interim report to the BCI, revealing that they had formed a special committee on March 20, 2023, to thoroughly examine the BCI Rules concerning the registration and regulation of foreign lawyers and law firms in India.
During the committee's meetings, all members unanimously expressed concerns about the serious repercussions and far-reaching effects of the Rules on the legal profession in India.
The report highlighted that the Rules were implemented without consulting and gaining the confidence of the legal fraternity across the country.
Ultimately, the report concluded that the BCI Rules would significantly damage the legal profession and jeopardize the interests of all Indian advocates.
In response, the committee members resolved that bar associations would organize meetings to inform their members about the Rules and its potential consequences.
Meanwhile, they have urged the BCI to temporarily suspend the enforcement of the Rules.
The interim report provided details of the discussions held in the three committee meetings. Some of the key points raised were as follows:
1. The legal profession in India, which is considered noble, would be classified as a commercial activity under the Rules.
2. The Rules do not explicitly address reciprocity, as Indian lawyers are required to register with solicitor firms and pass the Solicitor Qualification Examination (SQE).
3. Advocates would be subjected to the jurisdiction of consumer forums and might have to face cases filed by their clients before consumer redressal forums.
4. Foreign lawyers would have the freedom to advertise, solicit clients, and share commissions, which is currently not permissible for Indian lawyers under the Advocates Act and BCI Rules.
On March 10, 2023, the BCI issued the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022, with the intention of allowing international lawyers and arbitration practitioners to provide advice in India.
Subsequently, on March 20, the BCI issued a press release clarifying that foreign lawyers and law firms could offer legal advice and services exclusively related to international laws and only to foreign clients.
Recently, the BCI signed a Memorandum of Understanding (MoU) with the Bar Council of England and Wales and the Law Society of England and Wales, specifying the conditions under which Indian lawyers would be permitted to practice in the United Kingdom.
In their announcement of the MoU, the BCI acknowledged that certain crucial changes were necessary for the recently introduced Rules allowing foreign law firms' entry on a reciprocal basis.
The BCI stated its intention to consider representations from Indian law firms, sections of the Indian Bar, as well as the opinions of foreign bodies, before making any such changes.
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