Answer
Yes, Indian law firms are permitted to offer legal services to foreign clients concerning international and foreign law matters. This is governed by the Bar Council of India (BCI) Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022. Under these rules, foreign lawyers and law firms can advise clients on foreign and international laws, provided they adhere to specific conditions.
Scope of Practice:
Services rendered by foreign lawyers and law firms are restricted to foreign clients. They cannot advise Indian clients on foreign law matters within India.
Foreign lawyers can operate on a “fly in and fly out” basis for a cumulative period not exceeding 60 days in any 12-month period. They are not allowed to maintain an office in India for the purpose of such practice.
Foreign lawyers and law firms must register with the BCI to practice in India. The registration process includes submitting various documents, such as a certificate from the competent authority of the foreign country confirming the lawyer’s or firm’s good standing and the absence of any professional misconduct proceedings.
Indian law firms can collaborate with foreign lawyers and law firms to provide comprehensive legal services to foreign clients, especially in matters involving international law and arbitration. Such collaborations must ensure compliance with the BCI rules and should not involve advising on Indian law by foreign entities.
Indian law firms are well-positioned to assist foreign clients on international and foreign law matters, provided they operate within the regulatory framework established by the BCI. By adhering to these guidelines, Indian firms can expand their global reach and offer valuable legal services in cross-border transactions and disputes.