New Wave of Lawyers Can Now Practise In India: Everything You Need to Know

Australian law firms, lawyers, and new law graduates looking to expand their network might want to explore their options in India, as the Bar Council of India (BCI) has permitted foreign law firms and lawyers to practise foreign law and international legal issues and arbitration matters on the ground – for the first time in decades. The potential for strengthening ties between the two jurisdictions is welcome and could bring geopolitical benefits, as India and Australia have the same common law system. 

This remarkable development is a game changer for legal professionals in more ways than one. Here’s what it means for young lawyers and new law graduates looking to practise in India. 

What Foreign Lawyers Can Expect Under the New Decision

In March 2023, the BCI introduced regulations in its “Rules for Foreign Lawyers and Foreign Law Firms in India,” granting international solicitors and arbitrators the right to offer advice in India. These regulations permit foreign lawyers to practice the following:

Practise transactional and corporate work. 

This includes joint ventures, mergers and acquisitions and intellectual property matters. Lawyers can also draft contracts and other related matters.

Provide legal advice and appear as a lawyer.

They can give legal advice and act as a lawyer for any person, firm, company, corporation, trust, society, etc., provided the client has an address in the foreign country in any international arbitration case which is conducted in India and in such arbitration case where foreign law may or may not be involved.

They may also provide legal advice and act as a lawyer before bodies other than courts, tribunals, boards or statutory authorities who are not legally entitled to take evidence on oath, in which knowledge of foreign law of the country of primary qualification is essential. 

Provide legal advice on various international legal issues and the laws of the country of primary qualification. 

The caveat: Unless otherwise specified in the Rules, such legal advice shall not include representation in proceedings before an Indian court, tribunal or other authority that can record testimony under oath. This includes the preparation of documents, petitions and more that will be submitted to any such forum regarding such procedures.

In accordance with the Rules and Regulations, only partners or associates of a foreign law firm registered with the BCI are permitted to advise on non-litigious matters and advise subjects on matters pertaining to laws outside of India.

Indian advocates who are registered under the Advocates Act who is a partner or an associate in a registered foreign law firm will be permitted to take on only non-litigious matters and to offer advice on subjects pertaining to laws outside of India. They will not benefit from being an already registered advocate in India for the purpose of practising litigation.

How Lawyers Can Set Up Their Practice In India

Foreign lawyers or firms looking to practise in India must register with the BCI and meet specific requirements. According to the Rules, they shall not be entitled to practise law unless they are registered with the BCI. However, this prohibition will not apply to the practice of law by a foreign lawyer or law firm in cases where the practice is done on a ‘fly in, fly out’ basis, wherein practitioners operate in the country in periods not exceeding 60 days within a 12 month period.

The registration fee for a foreign lawyer is $25,000, while firms need to pay fees of $50,000. The registration will be valid for a period of 5 years, by which the lawyers and firms are required to renew it by filing an application for renewal within 6 months before the date of validity expires. Renewal will incur costs of $10,000 and $20,000 respectively. 

While firms are welcome to establish offices in India, they will not be permitted to appear before any courts, tribunals or other statutory or regulatory authorities. They are also not allowed to do any work related to the conveyancing of property, title investigations or other works similar in nature. Any form of misconduct will result in the cancellation of their registration in India and will not be subject to disciplinary proceedings. 

Advantages for Foreign Law Firms

With India’s legal industry now open to foreign law firms and lawyers, it signals a turn towards an unfettered flow of legal services. It will be easier for practitioners from both countries to practice there, ultimately strengthening bilateral relationships. 

Law firms and lawyers stand to gain Indian corporate clients and foreign investors who do business in India. However, they will need to familiarise themselves with Indian laws and regulations and better understand the legal framework and key business risks in the region. With that, they can bring their specialised legal knowledge and expertise to the table, benefiting clients seeking counsel on complex international legal matters. 

It is an opportunity to grow foreign law firms that operate in the country. Bringing diverse perspectives to legal issues can lead to innovative solutions and insights that may not have been considered otherwise. It can create opportunities for tie ups and partnerships and break ground on potential consolidation, especially when dealing with cross border mergers and acquisitions.

The possibilities that this movement brings are both encouraging and exciting, as India holds enormous promise for the global economy. For Australian law firms and lawyers, it is a chance to embrace change and focus on being progressive and collaborative. 

For young lawyers and new law graduates who aspire to expand their clientele in India and build their legal careers, Lazarus Legal can be the gateway to a world of opportunities. With our combined experience and expertise in handling international businesses, Lazarus Legal can be your trusted partner in achieving your goals. Let us guide you through the complexities of business law, from trade mark protection and IP rights to founder agreements, company setup and investor engagement.

Navigate the legal landscape with confidence. Join us, and let’s embark on a journey of growth and innovation. Apply today and unlock limitless possibilities.

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Mark Lazarus

Mark Lazarus, the visionary behind the business and the fresh blood of the Lazarus Legal team, Mark (or Laz as he is often known) owes much of his success to his past experiences. And he’s made it his personal goal to bring that wisdom and formula to the firm.

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Barry Lazarus

CEO & Notary Public

barry@lazaruslegal.com.au 

We’d be lying if we told you that this bloke isn’t the big honcho of our team, but his name is a dead give-away. The founder of Lazarus Legal, Barry is an old school, tough as nails lawyer. They don’t forge litigators like this anymore.

With decades of experience in both Australia and South Africa, his wisdom is as renowned as his name. Back in the days when Schwarzenegger and Van Damme were kicking ass on VHS, Barry was kicking ass in the courtroom. And after all these years, he still has a reputation for refusing to back down.Barry is definitely the badass you’d want in a fight – in court or otherwise. But really, he’s a big softie. Just don’t let him know you know that (although he probably won’t read this anyway – navigating the Internet is not his strong point).

Aside from putting other lawyers in their place, taking long walks on the beach and spending time with his family, Barry enjoys seeing others succeed. Not only is Barry a staunch and unmoving litigator, he has sharp business and commercial acumen having started up ventures from scratch and growing them into full-blown franchises – from real estate to creating ice cream, to making pasta. With his experience on both sides of the commercial and legal equation, you want this guy to be on your side, whether you’re the next Zuckerberg realising your genius, or the next Zuckerberg taking on your opponents in court.

When Barry is not busy lawyering about, he is a part-time lawn bowler and a wannabe comedian, but never took both as a day job, because let’s face it, he’s a lot better at his day job.

If someone ever threatens you to lawyer up…relax, call Barry and he’ll handle the rest. 

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Mark Lazarus Director

Mark Lazarus

Director

mark@lazaruslegal.com.au 

The visionary behind the business and the fresh blood of the Lazarus Legal team, Mark (or Laz as he is often known) owes much of his success to his past stories and experiences. And he’s made it his personal goal to bring that wisdom and formula to the firm.

He’s a bit of jet setter, splitting his time between Australia and the UK, maximising every hour of his professional life. He thrives on this adrenalin. It allowed him to work in private practice in Sydney, act for a host of famous celebrities in London, do a two year stint as a NSW barrister (and not the pretentious coffee type in the Melbourne laneways) and more recently did a gig as the Legal Director covering Europe, the Middle East and Africa for one of the world’s coolest fast-moving consumer good brands!  

As an Aussie and UK lawyer and former barrister, Mark not only has the gift of the gab but he’ll walk the walk to prove it too. He likes to think he’s a bit like Harvey Specter or Michael Corleone, the main difference is you can actually retain him as your lawyer and consigliere. He’ll tell you how it really is and will take on any challenge head on. Although litigation and court advocacy comes naturally to him, commercial and IP is what gets his blood pumping! 

When Mark is not out there doing his thing, you will probably catch him chilling at home with his family, on the sidelines of the soccer (football) pitch cheering on his two boys, crawling through mud obstacles, or training hard at the gym. Passion and commitment is what drives Mark to succeed, along with his burning desire to disrupt the legal profession by finding new ways to change the game.

He has sights on the future. So if you’re breaking new ground, ahead of the times, and on the verge of something big, but you need someone who’s got your back and who can give you straight up advice, this is the guy you will want on speed dial.

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