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BCI warns against unregistered tie-ups between Indian and foreign law firms

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Dialogus Bureau

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October 22, 2025

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BCI clarified that foreign law firms may practice only foreign law and international law in non-litigious matters, and only after registration with it

New Delhi: The Bar Council of India (BCI) has cautioned Indian law firms, foreign law firms, advocates, clients and the public against unauthorised and unregistered collaborations that effectively amount to joint legal practice in India.

The BCI said this in a fresh statement issued in the wake of submissions made before the Delhi High Court in Atul Sharma vs Bar Council of India & Anr. The Council has withdrawn its earlier press release dated August 5.

The Council said it has observed instances of foreign law firms and advocates, in association with Indian firms, projecting themselves as “integrated global legal service platforms” through structures such as Swiss Vereins, strategic alliances, referral networks, or joint branding initiatives. Such arrangements, it said, can mislead clients by presenting a unified practice within India, which is impermissible 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).

Citing the Supreme Court’s ruling in Bar Council of India vs A K Balaji & Ors. (2018), the Council reiterated that foreign law firms cannot “do indirectly what they cannot do directly”. The practice of law, it noted, includes not only court appearances but also legal advice, drafting, negotiations and related services.

The BCI clarified that foreign law firms may practice only foreign law and international law in non-litigious matters, and only after registration with the Council. They cannot practice Indian law, appear before courts or tribunals, or participate in arbitrations involving Indian law, especially where evidence is recorded on oath.

The Council said showcause notices have been issued to certain entities and individuals found prima facie violating the Rules. They have been directed to disclose details of their structures and arrangements. Failure to comply could attract action under the Advocates Act, 1961, including proceedings for professional misconduct.

Reiterating the prohibition on advertising and solicitation under Rule 36 of the BCI Rules, the Council warned that publicity through joint launches, websites, or social media campaigns portraying a single global firm in India could invite disciplinary scrutiny.

The BCI urged all law firms to review their public communications for compliance and reminded clients to verify the registration status of firms claiming cross-border affiliations.