The Bar Council of India (BCI) has framed the Bar Council of India Rules by which it has been clarified that issued new rules allowing foreign lawyers and foreign law firms to practice in India, but only under clearly defined conditions.
According to the regulations, no foreign lawyer or law firm can practice in India unless officially registered with the Bar Council of India. This rule also applies to Indian lawyers and law firms who wish to register as foreign legal practitioners.
However, there’s an exception for what’s called “fly-in, fly-out” legal practice. This means foreign lawyers can visit India temporarily to offer legal advice, but only under specific conditions:
- They can advise clients only on foreign law, their own country’s legal system, or international legal matters—not Indian law.
- The legal services must be requested by the client either while abroad or in India.
- They cannot open offices or establish a long-term presence in India.
- Their total stay must not exceed 60 days in any 12-month period, regardless of multiple entries or exits.
- Any disagreement on whether their activities fall under “fly-in, fly-out” or regular practice will be resolved by the Bar Council of India.
Importantly, these visiting lawyers must still follow all ethical and regulatory rules that apply to registered foreign lawyers—unless specifically exempted.
To qualify, the lawyer must be licensed to practice in their home country. If they wish to provide services related to the laws of other countries or international law, they must have the proper credentials and permissions for those areas too.
These rules are seen as a step towards opening up India’s legal sector to global talent while ensuring regulation and maintaining professional standards.
Read More: Disciplinary Action Against Foreign Lawyers Will Be Same As Indian Lawyers: BCI
