As a U.S. lawyer who has worked in India for nearly two decades, I’ve seen how ad hoc rulemaking, rather than comprehensive reform, has limited the role of foreign lawyers and put domestic lawyers at a disadvantage. The latest rules regarding the opening up the country to foreign lawyers and law firms, with conditions. are unlikely to change things.
The Bar Council of India’s March 10 ruling, and March 19 clarification, together provide for the first time that foreign lawyers and law firms may open offices in India and hire Indian lawyers. However, foreign lawyers cannot appear in Indian courts, practice Indian law, or engage in civil litigation. Foreign lawyers may appear in international commercial arbitration in India.
