FOREIGN LAWYERS ALLOWED TO PRACTICE IN INDIA

  • The Bar Council of India (BCI) has allowed foreign lawyers and law firms to practise in India.
  • According to the Advocates Act, advocates enrolled with the Bar Council alone are entitled to practise law in India.
  • All others, such as a litigant, can appear only with the permission of the court, authority or person before whom the proceedings are pending.
  • The notification allows foreign lawyers and law firms to register with BCI to practise in India if they are entitled to practise law in their home countries.
  • They shall be allowed to practise transactional work /corporate work such as joint ventures, mergers and acquisitions, intellectual property matters, drafting of contracts and other related matters on a reciprocal basis.
  • They can advise clients on foreign law and work on corporate transactions.

What is not allowed?

  • They cannot appear in court
  • They cannot practise Indian law.
  • They shall not be involved or permitted to do any work pertaining to the conveyancing of property, Title investigation or other similar works.
  • Indian lawyers working with foreign law firms will also be subject to the same restriction of engaging only in non-litigious practice.

SOURCE: THE HINDU, THE ECONOMIC TIMES, PIB

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