India will open the legal market to British lawyers and companies, BCI will notify about the changed regulations by the end of July

The Bar Council of India (BCI) is set to notify and implement revised regulations that will govern the entry of British lawyers and law firms into the Indian legal services market by the end of July, a move that marks a significant step towards liberalising the Indian legal services sector, particularly to accommodate UK professionals.

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

The BCI announcement last year initiated the liberalisation 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’. The move was aimed at enabling foreign law firms to set up offices in India to serve their foreign clients in 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 from British authorities, accompanied by a legal challenge in the Delhi High Court.

At a recent meeting in London, BCI CEO Manan Kumar Mishra highlighted the council’s intention to open the market specifically to UK lawyers and firms, citing concerns about wider involvement by multinational firms. The current position limits other foreign companies to operating only on an fly-in, fly-out basis.

Key issues discussed included the regulation of Indian lawyers working in foreign firms and the definitions relating to ‘foreign law’ and ‘foreign client’. Changes are expected, such as an extension of the allowable stay under the arrivals and departures policy and a review of registration costs for UK lawyers.

Read also

Nick Emmerson, president of the Law Society, and Sam Townend KC, president of the Bar Council of England and Wales, both emphasized the mutual benefits of engagement. They recognized the importance of adapting the legal framework in light of the ongoing UK-India Free Trade Agreement negotiations and the significant economic growth trajectories of both countries.