The Bar Council of India (BCI) has issued a detailed Press Release withdrawing its earlier statement dated August 5, 2025, and has clarified its position on unauthorized collaborations between Indian and foreign law firms and advocates. The fresh release comes in the wake of submissions made before the Delhi High Court on August 21, 2025, in Atul Sharma vs. Bar Council of India & Another (W.P. (C) No. 12656/2025).
The BCI has expressed serious concern over the increasing number of foreign law firms and advocates who, in association with Indian firms, are projecting themselves as unified global legal service platforms. These arrangements, often structured through Swiss Vereins, strategic alliances, exclusive referral models, or joint branding initiatives, are being presented publicly under combined identities—creating an impression of an integrated legal practice in India.
BCI Warns Against Unregistered Collaborations
Under the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2023 (as amended in 2025), any collaboration between Indian and foreign firms must be registered, disclosed, and compliant with ethical governance norms.
The BCI stated that any arrangement involving joint branding, shared client servicing, or the use of a unified name without registration constitutes a violation of the Rules and will attract regulatory action.
Citing the landmark Supreme Court judgment in Bar Council of India v. A.K. Balaji & Ors. [(2018) 5 SCC 379], the BCI reiterated that foreign firms cannot do indirectly what they are barred from doing directly. The judgment held that the practice of law includes not only courtroom advocacy but also legal advice, contract drafting, negotiations, and documentation.
Scope of Permissible Practice for Foreign Lawyers
As per the 2025 amendments, foreign law firms may only practice foreign and international law in non-litigious matters after obtaining registration with the BCI.
They are barred from practicing Indian law directly or indirectly, including through Indian entities operating under their brand names. Moreover, foreign firms cannot appear in courts, tribunals, or authorities legally empowered to take evidence on oath.
Importantly, the BCI clarified that this prohibition extends to arbitral proceedings in India when the tribunal elects to take evidence on oath under Section 19(3) of the Arbitration and Conciliation Act, 1996.
However, foreign lawyers may participate only on limited foreign law issues in international arbitrations seated in India, provided the tribunal does not record such portions as evidence on oath.
Show-Cause Notices Issued to Law Firms
The BCI revealed that, based on information in the public domain, several law firms and advocates have been found prima facie violating the 2023 Rules.
Show-cause notices have been issued to these entities, directing them to submit detailed explanations and documentation regarding their structures, operations, and governance.
Failure to comply could lead to disciplinary proceedings under the Advocates Act, 1961, including professional misconduct charges, suspension, or reprimand.
The Council also warned that continued use of joint or co-branded identities without registration may be treated as an aggravating factor during the inquiry process.
Reminder on Professional Conduct and Advertising
Reiterating its stance on professional discipline, the BCI reminded advocates and law firms of their obligations under Chapter II, Part VI of the BCI Rules, particularly Rule 36, which prohibits solicitation and advertising.
It noted that publicity through social media, ceremonial launches, and joint branding—beyond permitted particulars—amounts to professional misconduct.
Announcements of mergers or affiliations that portray an Indian office as part of a “single global platform” will be scrutinized under both the 2023 Rules and Rule 36, the BCI warned.
The Council has also taken note of launch events, website portrayals, and press releases from foreign-linked firms that project a misleading image of integrated practice in India.
Liberal Framework, but Strict Enforcement
Emphasizing that India has adopted a liberal and transparent framework for foreign lawyers, the BCI said it encourages lawful cross-border cooperation while protecting the sovereignty of the Indian legal profession.
Foreign lawyers may advise on foreign law and international law matters after registration, but cannot handle Indian law or litigation in any capacity.
The Council urged all legal professionals to review and audit their online content, ensuring compliance with BCI Rules, and advised clients and the public to verify the registration status of law firms claiming international affiliations.
The BCI concluded that this Press Release serves as a regulatory clarification and does not constitute a finding of guilt. However, non-compliance following inquiry may result in disciplinary action, suspension, or cessation orders.
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