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BCI hits back at Society of Indian Law Firms over foreign law firm rules

BCI hits back at Society of Indian Law Firms over foreign law firm rules

The Hindua day ago

The Bar Council of India (BCI) on Thursday (June 19, 2025) pushed back against criticism from the Society of Indian Law Firms (SILF), the apex body of law firms in India, over its recent move to let foreign lawyers and law firms work in India in a limited capacity.
Responding to SILF's public statements, the BCI — the regulatory authority for the legal profession — said the group does not speak for most Indian law firms, especially smaller and newer ones.
'It (SILF) functions primarily as a closed group dominated by a few large, well-established firms. Its stance and actions do not reflect the concerns or aspirations of more than 90% of India's smaller or emerging law firms,' BCI said.
Also read: India warms to foreign law firms, but legal concerns simmer
In May 2025, the BCI introduced a notification permitting foreign lawyers to function in non-litigious areas only. BCI said the decision was 'based on extensive consultations and overwhelmingly positive feedback from Indian law firms across the country'.
'Contrary to the misleading claims being circulated, these rules do not allow foreign lawyers to practice Indian law, litigate in Indian courts, or appear before any Indian tribunal or statutory authority,' it said.
The rules restrict foreign law firms and lawyers strictly to advisory roles in non-litigious matters involving foreign law, international law, or international commercial arbitration, all subject to regulatory oversight and a No Objection Certificate (NOC) from the Government of India.
Committee set up
BCI said it has already constituted a high-level committee chaired by Cyril Shroff and comprising senior partners from leading law firms, who have been tasked with reviewing the rules and incorporating feedback from stakeholders, including SILF.
The council has also resolved to individually engage with law firms nationwide and are working to convene a national-level conference of Indian law firms in Mumbai this September.
'Old win in new bottle'
While speaking to The Hindu last month, SILF chairman Lalit Bhasin while welcoming the entry of foreign law firms and lawyers in India raised a few legal concerns.
Mr. Bhasin said the BCI's move might go against a 2018 Supreme Court ruling. While the earlier 2023 BCI notification was put on hold, he said that the latest notification feels like 'old wine in a new bottle'. He also suggested that Parliament should step in and amend the law to avoid confusion.
On the other hand, the BCI targeted SILF saying it has 'historically acted to preserve its members commercial interests at the expense of young, deserving Indian lawyers and new legal practices striving to grow in an increasingly competitive and global legal arena'.
BCI alleged that many of the firms comprising SILF have maintained 'close, long-standing professional affiliations with major foreign law firms'. 'These affiliations have enabled a parallel legal services economy, wherein foreign legal work is funnelled through select Indian firms. This has systematically denied fair opportunities to the vast majority of Indian legal practitioners,' it said.
It also stated that SILF has, for over 20 years, opposed any serious engagement with foreign firms — hurting Indian law firms that want to grow internationally.

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