Over the past decade, the Indian legal market has grown considerably and has indeed adopted a liberalized approach. With the increase in the number of foreign investors interested in the Indian market, this becomes all the more dramatic and exciting for lawyers in an industry. Especially young lawyers who practice in their formative years would always strive to work in a market where there are immense opportunities to learn and gain experience and to be in the middle of a dynamic market. This is one of the main reasons why Indian lawyers who have studied law abroad choose to return and practice in India. One cannot ignore the fact that the practical experience that this country has to offer young lawyers is not comparable to that of other countries, especially at times like these, when a number of countries are going through an economic downturn, growing immigration problems and are now going through the pandemic. The point about foreign ownership of law firms, in my opinion, is as follows (and I confess I haven`t spent too much time thinking about it, because life is too short et. al!): 2. Going back to the starting point: In practice, in many cases, the restriction doesn`t seem to matter if the BCI accidentally allows you to: without verifying your nationality. And they usually don`t. It`s true? 5. If a contractual solution is sought (i.e.
a foreign law firm enters into a contract with the Indian law firm in which it has the right to participate in X% of the profits of the Indian law firm and to participate in [Y%] of the costs of the Indian law firm, has a veto over certain shares of Indian law firms, etc.), this could still be interpreted as meaning that the foreign law firm becomes a partner in, or the creation of a new partnership with the Indian law firm (since a partnership is essentially nothing more than a contract to do business to share the profits). “49. A lawyer may not be a full-time employee of a person, government, enterprise, partnership or partnership as long as he continues to practise and, when he takes such employment, must disclose the fact to the Council of the Order on whose list his name appears, and will then cease to practise as a lawyer as long as he continues to hold such employment. In fact, this means that not only would one have to be an Indian citizen at the time of registration as a lawyer, but one must also continue to be an Indian citizen to be a lawyer. The moment your nationality changes, you will no longer have the right to be a lawyer. As an overseas trained lawyer practising in India On the basis of this decision, the Central Bank of India, known as the Reserve Bank of India (RBI), has issued special notices on “the establishment of a branch (BO)/liaison office (LO)/project office (PO) or other place of business in India by foreign law firms” which provide as follows: The Supreme Court (SC) recently issued its decision on the issue, whether foreign law firms/lawyers are allowed to practice in India. The Supreme Court court that handed down the verdict was composed of Judge Adarsh Kumar Goel and Judge UU Lalit. Previously, the madras and Mumbai high courts had also dealt with the same issue, and the case will eventually be settled with SC, which sets the law in this case. At this point, given the speed thresholds faced by foreign-trained lawyers in India, it is important to understand the importance of having a good mentor to find yourself in the country. It is extremely important to work with a mentor in your formative years who includes your background, the culture you studied in, and your specific skills.
Although there is a lot to teach and learn, one must be prepared to be patient and teach these young lawyer trainers about law and procedure in India. I can`t stress enough the importance of having a good mentor who not only appreciates the qualifications and skills you bring, but is also willing to teach and make you a successful lawyer. The Supreme Court has ruled, after careful consideration, that if the rule of institutional arbitration applies or if the matter falls within the provisions of the Arbitration and Conciliation Act 1996, foreign lawyers cannot be excluded from the conduct of arbitration proceedings in international commercial arbitration with respect to sections 32 and 33 of the Lawyers Act. However, they are subject to the Code of Conduct that applies to the legal profession in India and the Bar Council of India or the Union of India is free to establish rules in this regard. The SC clarified that under the regime contained in the Lawyers Act, only lawyers registered with the Bar Council of India are allowed to act as lawyers; whose scope already includes more activities than simply appearing in court. Any other person wishing to act as a lawyer needs the express permission of the court or other competent authority. This prohibition on the exercise of rights by a person other than a lawyer registered with the Bar Council of India applies not only to Indians, but also to foreigners. The Advocates Act of India 1961 and the Scheme of Chapter IV of the Act make it clear that lawyers who are “alone” registered with the Bar Council of India have the right to “practise law”, unless otherwise provided in any other Law. However, and correct me if I`m wrong, Indian citizens would certainly have no problem practicing in the UK or US if they are properly qualified (for example, they take the Qualified Lawyers Transfer Test (QLTT) in the UK). As a corporate lawyer, I agree that more than one foreigner has been registered on the boards of the State Bar and got away with it.
I think this has happened more because proof of nationality is not required at the time of registration than because a council of the State Bar has waived the nationality requirement. If the Indian Bar Council considers that law firms do not practice Indian law, there should be no objection to foreign law firms entering India to provide transaction advice. In the petition, the main fears were that in order to practice in India, a person must be an Indian citizen and hold a law degree from a recognized university in India. Nationals of other countries can only be admitted as lawyers in India if Indian citizens are licensed to practice in those other countries. A foreign law degree from a university outside India requires recognition by the Bar Council of India.