Foreign Lawyers Can Now Set Up Their Offices In India. How Practical Are The Bar Council Rules?
Channel: MentorTalk
Date: 2023-03-16

The Bar Council of India has come out with a ground-breaking and historic reform. A notification has been issued by them thereby opening the Indian gates of law practice for foreign lawyers and foreign law firms. The notification lays down the rules for the registration and regulation of foreign lawyers and foreign law firms in India.

Obviously, these rules were formulated and finalised last year, which is why these rules are labelled as Rules of 2022, though they have been notified on 10th March 2023.

There is absolutely no second thought or opinion on the fact that this reform and measure of liberalization as introduced by the Bar Council of India is a big leap and a revolutionary change from their earlier conservative approach. However, to me, the rules come across as a half-hearted attempt or perhaps too cautious or maybe an attempt to test the waters at the first instance. Be as it may, I do compliment the Government of India and the Bar Council of India for this progressive and forward-looking public policy. 

Now, let me tell you about the key provisions of this notification and then you can decide on your own about its merits and feasibility and whether it will attract foreign lawyers and foreign law forms or not. Side by side, I will try to give my perspective also on the key provisions.
The registration shall be valid for 5 (five) years only and the foreign lawyer and/or Law Firm would be required to renew it by applying for renewal within 6 months before the date on which such validity expires. And the process of renewal is as rigorous as the initial registration.
My take is that this is a much-needed reform. It is a step in the right direction, but we are still not halfway there. The destination is still far though the journey has begun.  

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