BCI takes Madras writ v 31 foreign firms to Supreme Court

Tuesday, 24 April 2012 By Legally India Law firms

The Bar Council of India (BCI) today filed its long-awaited appeal against the Madras High Court judgment that allowed foreign lawyers limited foreign law practice in India.

Newly appointed BCI chairman Manan Kumar Mishra and BCI secretary Jogi Ram Sharma told Legally India today that the Supreme Court special leave petition was filed today. Before today the appeal was still in its draft stage, Sharma said yesterday.

In the 21 February judgment in AK Balaji v The Government of India, Ashurst LLP, White & Case & ors, the high court in Chennai had clarified its reading of the law relating to the practice of law in India of the 31 foreign law firm respondents and one legal process outsourcing (LPO) company.

In particular, the bench held that foreign lawyers could “fly-in-fly-out” for temporary periods to advise clients, adding that foreign lawyers would not be allowed to practice domestic law unless they registered with the BCI.

Legally India and Mint reported in February that former BCI chairman Ashok Parija said that the BCI would attempt to resolve the conflict between the Bombay high court judgment, which imposes a total ban on foreign lawyers, and the Madras judgment which allowed fly-in-fly-out, through an appeal in the Supreme Court.

Standing counsel for the BCI, Ardhendumauli Kumar Prasad, said that the BCI had challenged the Madras High Court’s power to pronounce on issues relating to professional legal practice by foreign lawyers, citing that the same issues had already been dealt with comprehensively by the Bombay High Court in the so-called Lawyers Collective judgment, according to legal website Bar and Bench, which reported that the BCI had filed its appeal yesterday.

Prasad added that the appeal also asserted that any foreign lawyers ought to enrol themselves with the BCI, as per the provisions of Advocates Act 1961, in order to practice in India.

In February UK magic-circle firm Clifford Chance welcomed the ruling but also said it might appeal, because it was unclear whether the decision attempted to ban foreign lawyers practicing non-Indian law in India.

Comments

Lawyer Delhi 24 Apr 2012, 13:09

+3 -0

Keep playing the ping-pong ball and ruin the prospects of young lawyers in the country.

A 24 Apr 2012, 13:17

+0 -0

Great timing. 2014 elections are approaching. The anti-reforms lobby is trying to mobilise support using politicians.

Jal 24 Apr 2012, 13:28

It is just a question of time before the BCI may have to relent on allowing foreign law firms to set up practice in India. The market forces are too great to hold back the tide.

Indian lawyer 24 Apr 2012, 15:26

Jal, though I appreciate your thoughts, I do not think that opening up of legal markets is possible under the current Indian political situation. Ruling party is anti-reform and and in any way will not do this reform which will brings in no new investment into India (for which the country seems so desperate now!) and will only end up sending profits outside the country.

Jal 25 Apr 2012, 04:39

You are correct but I think the pressure from foreign firms and lobbyists on their behalf are building and will eventually make some inroads.

Bhartiya Vakeel 25 Apr 2012, 05:54

I agree with you. There is no case at all for foreign firms here. The young lawyers are very well taken care of by Indian firms and many lawyers go abroad also and then come back as partners here.

Jal 25 Apr 2012, 12:53

Having foreign firms here may bring in more foreign companies wanting to do business in India as they use these firms in their home countries.

Congress activist 24 Apr 2012, 15:51

Gossip from Delhi Congress circles: New law minister soon. News channels have confirmed. AMS would have been contender. Now will be Manish Tiwary or Sibal. Probably Sibal. Rahulji and Montek may be surprise inclusions. Lot of pressure for big-ticket reforms because of slowing growth.

yash 25 Apr 2012, 10:48

"rahulji" haha.

Incredible India! 25 Apr 2012, 20:34

AMS can be canned and shipped off! His "multitasking" in the office has not really paid any dividends for the party or the government! Besides, as law minister he would be conflicted with his sons running a two partner shop,but hey that doesn't matter, this is INCREDIBLE INDIA, where judges return "brotherly favours". Incidentally, AK Prasad is the son of a sitting SCI judge CK Prasad and the judge's son-in-law also practises in SCI! INCREDIBLE INDIA!

Support BCI 2 May 2012, 15:30

Foreign law firms should not be allowed. They will spoil the youngsters by offering high pay packages. It is becoming difficult to keep the youngsters disciplined and respectful nowdays. They do not appreciate that knowledge itself is adequate reward.

LoL at Support BCI 3 May 2012, 04:32

"Knowledge is adequate reward" indeed!! If you quote Karl Marx and Bentham to a builder, will he give you his apartment? If you critically analyze Kesavananda Bharathi to a vegetable vendor, will he give you his vegetables? If you tell your kaamwali bai "Confucius says - 'Sweep and the world sweeps with you, weep and you weep alone,'" will she clean your utensils for free?

Get off that feudal mindset, dude.

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