liberalisation
Contrary to the approach taken by the Bar Council of India (BCI), foreign lawyers should be allowed to fly into India temporarily to advise clients and assist in arbitrations, decided the Society of Indian Law Firms (SILF) in its general board meeting on Saturday, while noting that chartered accountants have been flouting the rules.
Again this week, LI’s readers got to excavating the bizarre, fecund and true layers beneath LI stories. Here’s the best of the best.
Contrary to media reports, the Supreme Court has reaffirmed the Madras high court judgment on foreign law firms, expressly permitting the “fly-in-fly-out” of foreign lawyers, while reiterating the law laid down in the Bombay high court’s Lawyers Collective judgment preventing foreign lawyers from opening up offices in India.
Breaking: The Supreme Court has given 10 weeks to serve 31 foreign law firms and the respondents in the apex court appeal against the AK Balaji Madras writ petition, with the Bar Council of India (BCI) arguing that the law should prohibit foreign lawyers from even temporarily travelling to India to advise clients.
Aiming to rekindle a “constructive debate” on the liberalisation of the Indian legal sector, UK headquartered magic circle firm Allen & Overy (A&O) has started a public relations (PR) offensive with an independent survey that confirmed overwhelming support for the entry of foreign law firms among Indian corporate lawyers and clients.
Exclusive [but not true]: The Bar Council of India (BCI) passed a resolution late yesterday to allow English and Singaporean lawyers to practice in district and lower courts, paving the way for an eventual staged entry of foreign law firms into India.
The ruling in the Chennai writ petition was hailed as pragmatic for solving the nearly two-year-old deadlock foreign firms were in. But frankly it is likely to continue exposing the deficiencies of the 1961 Advocates Act in dealing with modern-day India. And it could possibly plunge a number of industries into a world of pain via the Bar Council of India (BCI).
The Chennai High Court has cleared foreign lawyers from flying in and out of India to advise on foreign law, as well as the operations of legal process outsourcing (LPO) outfits, although it added that foreign lawyers would not be allowed to practice domestic law unless they registered with the Bar Council of India (BCI).
The Madras High Court reserved its judgement yesterday and has begun deliberating on the fate of 31 international law firms and legal process outsourcing (LPO) outfit Integreon, and whether they face a ban of flying into India, after counsel for all sides concluded arguments.
Uncertainty still prevails over whether overseas lawyers can fly into India to advise on foreign law, concluded an animated panel-discussion at the first American Bar Association (ABA) conference in India held last week at the Taj Lands End in Mumbai.
Legally India’s last Mint column in 2011 gives its verdict on some of the past year’s biggest stories related to corporate law firms, with an unashamed slant bias towards UK-Indo relations. Click here to read more.
Legally India bumped into senior counsel and BJP parliamentarian Ram Jethmalani on 5 November, relaxing on a grassy lawn of Goa’s Grand Hyatt hotel on the fringes of Tehelka’s Thinkfest, where he was a speaker.
We asked the undisputed champion of cross-examination for a master class in the subject, covering Oscar Wilde, the Bible and being a hermit in preparation. We also wondered whether politicians cared about legal sector liberalisation at all.
Legally India editor Kian Ganz will now blog regularly in The Lawyer magazine’s new blogs section about the Indian legal landscape. Here is the first post.
By far the personal question that I get asked the most by lawyers in India and abroad is: “Why India?” You might want to ask A&O, CC, Links or Freshfields or the rest of the pack the same question.
Last week British lawyers made a push for India again with Lord Chancellor and justice secretary Ken Clarke turning up with entourage and rekindling the liberalisation talks that had become a little tepid of late. But are they following the right strategy?
Exclusive interview: Following a high-powered UK delegation’s meeting with the Indian law minister and the Bar Council of India (BCI), ex-Allen & Overy (A&O) partner and current Law Society of England & Wales president John Wotton says he is optimistic about the progress of Indian legal market liberalisation.
He is not the first foreign lawyer to have felt that way.
Yesterday’s closed-door afternoon meeting between UK justice secretary Kenneth Clarke, Indian law minister Salman Kursheed and Bar Council of India (BCI) chairman Ashok Parija stopped short of reaching an agreement on the entry of foreign law firms but the countries would trial cooperation on the legal education front for the next six months.
In the seemingly never ending story of Indian legal market liberalisation a new player has entered the field.
Kenneth Clarke, the UK’s Secretary of State for Justice and Lord Chancellor who will visit India in the coming weeks, said at a speech today that it was in the interests of Indian business to open up the legal sector to foreign law firms or suffer because of “restricted domestic legal provision”.
The Bar Council of India’s (BCI) counter-affidavit filed in the AK Balaji Chennai case against 31 foreign law firms said that the BCI has decided not to relax the restrictions prohibiting foreign lawyers from practising and that the issue raised by the writ was “no longer res integra” because it had been settled in the 2009 Lawyers Collective case.
Legally India understands that the BCI’s thinking is that internal disparities at the Indian bar need to be eradicated through reform before making any decision on foreign firms.