India tightens rules for foreign lawyers

The India government has issued new restrictions on foreign lawyers entering the country to handle client matters without setting up local offices.

The Bar Council of India, BCI, published the updated rules this week, strengthening the oversight of international legal professionals.

According to the rule, foreign lawyers must now inform the Bar Council before arriving in India for any client-related work.

They are also required to submit a declaration with their client’s name and contact details.

The new rules restrict each visit to a maximum of 60 days within any 12-month period.

These regulations follow India’s 2023 decision to permit foreign law firms to open offices in the country.

Firms can now advise clients on non-litigious matters involving foreign or international law, such as M&A or corporate issues.

Previously, India only allowed a “fly-in, fly-out” system for foreign lawyers without permanent office setups.

Those who continue this system must now comply with stricter procedural requirements.

The rules are designed to ensure greater transparency and accountability in cross-border legal services.

“Any foreign lawyer or law firm shall be required to inform the Bar Council of India before its arrival,” rules state.

They must also provide the purpose of their visit and the expected duration of their stay.

Legal experts say the move aims to regulate increasing foreign participation in India’s legal market.

Some lawyers welcomed the clarity, but others raised concerns about potential barriers to efficient client service.

The Bar Council has not clarified penalties for non-compliance, but enforcement is expected to be firm.

The Indian legal market has long been closed to foreign firms in litigation and domestic legal matters.

However, globalization and foreign investment pressures have pushed for gradual liberalization of legal services.

The 2023 reforms were hailed as a major shift, allowing limited entry for foreign firms.

Still, foreign lawyers remain barred from appearing in Indian courts or handling local law issues.

These new rules reinforce India’s cautious approach to opening its legal market.

International law firms are watching the developments closely as they plan potential entry strategies.

Many seek to advise Indian clients in cross-border transactions, partnerships, and international disputes.

With rising foreign interest, regulators aim to balance openness with national professional standards.

Observers expect further reforms but note India will proceed slowly and carefully.

For now, stricter oversight will govern foreign lawyers flying in for client work.

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