Partnerships between Indian, foreign law firms must be registered: BCI

The Bar Council of India (BCI) has cautioned Indian law firms against forming unauthorised or unregistered partnerships with their foreign counterparts.

In a detailed press release issued on October 21, the BCI expressed “grave concern” over collaborations between Indian and foreign law firms, which, it said, are often presented as “unified or integrated global legal service platforms.”

“These combinations are often structured through Swiss Vereins, strategic alliances, exclusive referral models, or joint branding initiatives, and are publicly promoted under combined identities. This portrays to clients and the public at large a de facto integrated legal practice across jurisdictions, including within India,” the regulatory body said.

The Council clarified that entities functioning as Indian–foreign law firms are required to be registered before commencing any activity that could be interpreted as the practice of law.

Registration is required

“Any arrangement that creates a joint platform, uses a unified brand, involves co-branding of legal services, or results in shared client servicing in violation and in non-consonance with the Rules, and/or without registration for permissible practice, shall be deemed to be in contravention of the Rules,” the council added.

The BCI reiterated that foreign law firms or groups may practice only foreign and international law in non-litigious matters in India, and that too after registration. “They are prohibited from practicing Indian law in any form, directly or indirectly,” it said.

“If an Indian firm holds itself out to the public as part of a foreign law firm or group, then in substance it amounts to the practice of Indian law by that foreign firm or group, which is impermissible under the Rules,” the Council said.

The Council, additionally, retracted its August 5 press release naming two Indian law firms, describing their collaborations with foreign law firms as unauthorised and impermissible.

The withdrawal of the August 5 press release came after the Delhi High Court, on August 21, questioned the BCI over its decision to issue the press release naming the two firms.