India is set to open its legal services industry to UK law firms and lawyers, making a significant development in the legal landscape.
This move comes after a series of negotiations and a memorandum of understanding (MoU) signed between the Law Society of England and Wales, the Bar Council of England and Wales, and the Bar Council of India (BCI) in June 2024.
The BCI is expected to implement the regulations by the end of July 2024, initially opening the market exclusively to UK legal professionals. UK law firms will be allowed to set up offices in India, but their practice will be limited to advising on foreign laws, particularly English law.
This decision is seen as a significant step towards enhancing bilateral relations and providing new opportunities for legal professionals in both countries. However, it is to be noted that the understanding of opening the market is based on reciprocity. Therefore, there are certain restrictions and requirements.
What Does the Memorandum of Understanding (MoU) Indicate?
The MoU is signed with the Bar Council of England, Wales & Law Society of England and Wales for an exchange programme of Lawyers and Law Students for mutual exchange of training & learning amongst each other’s jurisdiction.
The Bar Council of India has agreed to let lawyers and law firms from England and Wales practice their own country's law in India, as long as Indian lawyers can do the same in the UK. (Reciprocity)
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Key Highlights:
The Bar Council of India has been authorized to recommend some young Lawyers to the Law Society and to the Bar Council of England & Wales to provide opportunities of training and learning in International Law Firms, good Law Offices and in English Law Courts. However, lawyers recommended by the Bar Council of India will not have the right to practice in the UK according to the MOU.
The aim is just to provide opportunities for learning and gaining experience in both countries. In a similar manner, selected Law Students will be recommended by BCI for undergoing internships to the Bar bodies of U.K.
The MoU also offers training opportunities for solicitors and barristers from England and Wales. However, these trainees will not be allowed to practice law in India during the 90-day program, which is strictly for training and learning purposes.
This venture will allow Indian students pursuing law to expertise in the field of International Arbitrations, and get opportunities to attend offices of reputed International Law Firms and Offices of renowned Solicitors and Barristers. B.C.I. will sponsor/recommend only selected meritorious, deserving Advocates who normally are unable to afford availing such avenues.
Rules Regarding Law Practice in Either Countries
The chairman of BCI, Mr Manan Kumar Mishra, suggested some crucial changes in the regulations regarding entry of Foreign Lawyers in India. It has been made clear that the MoU does not cover the practice of foreign or UK lawyers in India or Indian lawyers in the UK, including areas like International Commercial Arbitration or non-litigious work.
These issues are still governed by the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022. The Bar Council of India plans to review these rules to address concerns raised by law firms and lawyers from India and abroad.
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References
Written by Shubhankar Krishnan
A Delhi University graduate and a 1st Year Law Student, Gaining experiences in Areas under General Corporate, litigation and Intellectual Property Rights.
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Further Reading
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