Bar Council of India.
Entry of Foreign Law Firms in India – BCI Forms Cyril Shroff led Panel: New Delhi – The Bar Council of India (BCI) has established a new, high-profile committee. Its purpose is to address concerns from Indian lawyers and law firms regarding the recent rules allowing foreign legal entities to operate in India.
This decision by the BCI follows “certain apprehensions” about the impact of these new regulations. The committee will be led by Cyril Shroff, the Managing Partner of Cyril Amarchand Mangaldas, one of India’s largest law firms.
Key Members and Mandate
The newly formed committee comprises prominent figures from India’s legal landscape. Its members include:
Ajay Bahl (AZB & Partners)
Suhail Nathani (ELP)
Sandip Bhagat (S&R Associates)
Mahesh Agarwal (Agarwal Law Associates)
Amit Kapur (JSA)
Srimanto Sen, the Principal Secretary of the BCI, will serve as the Convenor of the Committee. BCI Chairman Manan Kumar Mishra will be a special invitee.
The BCI, in a statement issued on June 12, emphasized its commitment to protecting the rights and interests of the Indian Bar, including domestic law firms. It also aims to promote clarity and consistency in regulatory enforcement.
Cyril Shroff.
Committee’s Core Responsibilities
The committee’s primary tasks include:
Examining Concerns: It will look into worries raised by Indian lawyers and recommend practical clarifications or additions to the current rules.
Monitoring and Review: It will monitor how the new rules function. It will suggest changes if needed, to make them clearer and more effective.
Preventing Misuse: The committee will propose safeguards. These will ensure that foreign lawyers do not exploit legal loopholes to practice Indian law indirectly. This includes preventing misuse through partnerships, referrals, or alliances.
Ensuring Fair Competition: It will recommend steps to protect Indian law firms during this transition. This includes providing support in areas such as growth strategies, technology adoption, training, and infrastructure. The goal is to ensure a “level-playing field” where Indian firms can compete effectively with foreign counterparts.
Global Competitiveness: The committee will offer recommendations to help Indian law firms become globally competitive. This must be done while upholding professional ethics and constitutional values.
Maintaining Professional Ethics: It will ensure that legal services continue to be seen as a “personal and ethical profession,” not just a business.
Stakeholder Consultations: The committee will consult with Indian law firms. This is to gather their feedback on how the new rules are affecting them. It will also handle any new issues that may arise during this process.
The BCI Chairman has the authority to nominate additional special invitees. These could include BCI members, former judges, Senior Advocates, representatives of foreign or Indian law firms, or other experts. Their role would be to assist the committee in its deliberations.
The committee is expected to submit its final report within 30-40 days. Once the BCI receives this report, a final decision will be made. This decision will come after consulting both Indian and foreign law firms. A meeting for law firms is planned for August 2025 in India to discuss these matters further.
This initiative by the BCI signals a proactive approach to managing the liberalization of India’s legal services sector, aiming to balance the integration of foreign expertise with the protection and growth of the domestic legal fraternity.
