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.