BCI no to foreign law firms, flags ‘joint’ entities as well | India News
CHENNAI: The Bar Council of India (BCI) has flagged some foreign law firms which are operating in India as if they are joint entities with Indian law firms and has warned lawyers and firms that what is directly barred by Indian law should not be attempted in any indirect manner.In a press statement on Tuesday, the BCI said: “Entities functioning as “Indian-Foreign Law Firms,” as defined under Rule 2(vi)(b) and Rule 2(vii), are required to be registered prior to the commencement of any activity that could be interpreted as the practice of law. Any arrangement that creates a joint platform, uses a unified brand, involves co-branding of legal services, or results in shared client servicing without registration is in contravention of the Rules.”The statement was issued as two entities — Dentons Link Legal and CMS INDUSLAW — engaged in conduct violative of the applicable Indian legal and regulatory framework, it said, adding, “the Council has issued separate showcause notices to the entities concerned and individuals involved in the aforementioned arrangements.”The statement further said: “Pending adjudication, the council further cautions that any continuation of public or professional activity under the names such as “Dentons Link Legal”, “CMS INDUSLAW”, or any similar branding or structure, without prior registration and approval from the BCI, may be treated as a prima facie violation. Any persistence with such models may be considered an aggravating factor in determining liability.”“The BCI has noted with grave concern that certain foreign law firms, in association with Indian law firms, are holding themselves out 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, which are then publicly promoted under combined identities (e.g., Dentons Link Legal and CMS INDUSLAW), thereby portraying to clients and the public at large a de facto integrated legal practice across jurisdictions, including within India.”“The Council affirms that such structures, if implemented and operationalised without prior registration 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) (hereinafter, the “Rules”), are impermissible. The Rules, clearly set forth the prerequisites, procedural formalities, and substantive requirements for any Indian-Foreign law firm collaboration, including registration, disclosure, governance, and ethical compliance,” it said.“The Council reaffirms the settled legal position established by the Hon’ble Supreme Court of India in the year 2018 in Bar Council of India v. A. K. Balaji & Ors. The Court has held that foreign law firms cannot do indirectly (through an alliance, combination or arrangement) what they are prohibited from doing directly. To put it plainly, if an individual foreign lawyer is barred from practice in law in India, a group of lawyers or firm (by any name) is equally barred from doing so as a collective,” it said. The expression “practice of law” is not restricted to courtroom advocacy but includes providing legal advice, preparing legal documents, contract drafting, negotiations, and all other related services, the statement said. The Supreme Court further clarified that foreign firms or lawyers must not render such services unless they submit themselves to the Indian regulatory architecture under the Advocates Act and the BCI Rules, it added.In this regard, the council clarified that foreign lawyers and law firms can practice in India in a regulated manner, only with respect to foreign law and international law, and not in Indian Law and nor in litigation. “The Council remains committed to protecting the sovereignty of India’s legal system while also promoting ethical and lawful cross-border legal cooperation,” it said.
