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Restriction on International Lawyers In India Supreme Court


The scope of work for foreign lawyers in India is governed and regulated by The Supreme Court if India and recently it has further restricted the areas of practice of the International Lawyers in India. According to the judgment passed the foreign law firms and its lawyers cannot practice in the country though casual visits by foreign lawyers are allowed but on a “fly in and fly out” basis. They can render legal advice only to their clients in India. Moreover, their service is also restricted to providing legal services and advice here regarding offshore laws and the diverse international legal issues. Here in the judgment the phrase ‘fly in and fly out’ is significant. It allows only casual visits and not amounts legal ‘practice. In case of dispute In case of any dispute over the fact that whether a foreign lawyer is limited to ‘fly in and fly out’ on a casual visit to provide legal advice to their clients in India regarding foreign laws, their own system of law, on diverse international legal issues or whether the foreign lawyer was doing practice in India that is prohibited can only be determined by the Bar Council of India or BCI. The court also said that the central government or the bar council would have full control and liberty to frame relevant and appropriate rules in this regard. This may even include extending the code of ethics as and when applicable to the foreign entities or lawyers. Reference to the advocates act The judgment is passed with reference to the rules of the bar council and Advocates Act. This judgment prohibits the International Lawyer Firms India to practice their profession in the country both in the litigation as well as in the non-litigation side. The Supreme Court further clarified that the foreign lawyers, however, is not barred from visiting India as and when required for any arbitration proceedings for any legal disputes that involve international laws for commercial arbitration. The court further added in its ruling that all foreign lawyers thereby visiting and providing their consultation service will have to follow the code of conduct as applicable to it as it is in any legal profession in India. Modified the provisions While stating that the rules of institutional arbitration will be applicable to the foreign lawyers, the court further changed the provisions made in the Advocates Act, 1961. According to the rules, it debarred any foreign lawyer completely from conducting any international commercial arbitration process within the country. As it is in case of the BPO companies, there were few exemptions made. According to the rule, it is said that specific services such as secretarial support, word processing, proof reading, and transcription services do not come within the purview of this Advocates Act. BPO and LPO companies The Supreme Court further interpreted that the expression “practice the profession of law” is also applicable for the International Law Firms India practicing foreign law in arbitration processes for the Business Process Outsourcing or the Legal Process Outsourcing companies that are currently conducting their business in India. There are five legal issues framed by the law and answered accordingly. The court also reinstated that legal professional ethics will apply to the foreign lawyers not only when the lawyers appear before the court but must also be followed outside of the court as well. Regarding the professional code, the court further held that it does not only apply on the foreign lawyer as and when appearance is made in the court but will also apply while giving opinions and even when drafting legal instruments. Author Bio: Amy Jones is a versatile legal expert and working in Ahlawat & Associates for last 3 year. One of best Legal firm in India where you can discuss with experts about your legal problems.

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