India to Open Legal Market to UK Lawyers and Firms, BCI to Notify Amended Rules by End of July

The Bar Council of India (BCI) is set to notify and implement amended regulations that will govern the entry of UK lawyers and law firms into the Indian legal market by the end of July. This decision marks a significant step towards liberalizing India’s legal sector, specifically welcoming professionals from the United Kingdom.

This development follows a meeting between the BCI and representatives from the Law Society and the Bar Council of England and Wales at the Law Society’s Hall in London. The dialogue focused on the upcoming changes and the strategic engagement between the two legal jurisdictions.

BCI’s announcement last year initiated the liberalization process with the notification of the “Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.” This move was designed to allow foreign law firms to set up offices in India to serve their foreign clients concerning non-Indian legal matters. However, the implementation was stalled due to objections from the Society of Indian Law Firms (SILF) and demands for clearer regulations by the UK bodies, accompanied by a legal challenge in the Delhi High Court.

At the recent meeting in London, BCI Chairman Manan Kumar Mishra emphasized the council’s intent to open the market specifically to British lawyers and firms, citing concerns about broader international firm involvement. The current stance restricts other foreign firms to operate on a ‘fly-in, fly-out’ basis only.

Key issues discussed included the regulation of Indian lawyers working in foreign firms and the definitions concerning ‘foreign law’ and ‘foreign client.’ Adjustments are anticipated, such as extending the permissible stay under the fly-in, fly-out policy and revising the registration costs for UK lawyers.

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Nick Emmerson, President of the Law Society, and Sam Townend KC, Chair of the Bar Council of England and Wales, both highlighted the mutual benefits of the engagement. They acknowledged the importance of aligning the legal frameworks in light of ongoing UK-India free trade agreement negotiations and the significant economic growth trajectories of both nations.