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The Bar Council of India (BCI) has released a joint resolution with the country’s state Bar councils urging the Indian Government not to open up the legal profession to foreign lawyers, in the latest blow to hopes of imminent liberalisation of the key emerging market.

The statement, which was issued last weekend (18 November) during a conference on liberalisation hosted by the BCI, calls on the Indian Government to delay relaxing its rules on foreign lawyers until further consultation with the body, which says liberalisation will damage the local market.

The news will be greeted with dismay by bodies including the UK’s Law Society, which has spearheaded a charm offensive designed to accelerate liberalisation of the legal market in India.

However, the conference did authorise the BCI to discuss restrictions on Indian lawyers abroad and reciprocal arrangements with the UK’s trade and justice ministries, as well as the legal regulators of other countries.

The developments come as the Indian Government attempts to overturn a 1991 ruling that saw foreign lawyers banned from practising in India under the terms of the Advocates Act.

The Government filed a counter-affidavit in the Mumbai High Court this week arguing that the Act applies only to domestic lawyers and that no legislative changes are therefore required to allow foreign lawyers to practise in the country.

Comments

Bar Council seems to be completely controlled by and talking the sole interests of the very few individuals and familes that own corporate law firms. These owners are determined not to let the legal market open as in the absence of any real competition they can continue to earn astronomical profits and not be bothered by issues such as training and welfare of young lawyers who are actually doing the job or be bothered by increasing the quality of legal services provided to clients to at least meet international standards. The Bar Council has become a tool in the hands of these few rich lawyer-owners and as usual has not bothered to even remotely think of larger issues. Indian clients are increasingly turning to foreign lawyers to get their work done and young Indian lawyers are increasingly leaving the country in search of better training and professional career prospects. India cannot become a global economy unless its lawyers are trained in international practices and partnerships are made transparent and democratic. It's utterly ironical to hear a few individuals expressing concerns about foreign practices affecting justice administration in India!!! All that i can say to such great minds is to get a reality check by talking to their clients. Opening up the sector will indeed affect the entrenched law firm owners in the short term, but in the long run I am sure that Indian practices will give the foreigners a run for their money by first learning from them and then beating them at their own game. I only hope the Government does not give in to the selfishness of a few for the larger good of the economy.

Posted by: Indian Lawyer on 20 Nov 2007

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