Bar Council of India clarifies stance on collaborations between Indian, foreign law firms after retracting earlier press release

The BCI expressed serious concern over foreign law firms associating with Indian firms to present themselves as integrated global legal service providers.

“These combinations are often structured through Swiss Vereins, strategic alliances, exclusive referral models, or joint branding initiatives, and are publicly promoted under combined identities. This portrays to clients and the public at large a de facto integrated legal practice across jurisdictions, including within India,” it said on October 21.

The Bar Council Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India 2023, (amended in 2025), stipulate that all Indian-foreign law firm collaborations must register and comply with governance and ethical requirements before commencing any legal practice activity.

The BCI clarified that any unregistered joint platforms or co-branded services violate these rules.

The Supreme Court’s 2018 judgment in Bar Council of India v. A.K. Balaji & Ors. reaffirmed that foreign law firms cannot indirectly engage in Indian legal practice and emphasised that “practice of law” includes advice, contract drafting, negotiation, and related activities—not just courtroom advocacy.

“A foreign law firm or group of firms may only practice foreign law and international law in non-litigious matters in India after registration under the Bar Council of India Rules. It cannot practice Indian law in any form in India, directly or indirectly. It cannot under its head or brand practice Indian law in any form even though the work is executed by an Indian firm acting under that name. It cannot appear in courts or tribunals, nor can it draft or advise on Indian law transactions,” the BCI said.

According to the BCI, the gazette notification issued on May 13, reinforces that foreign lawyers and firms cannot appear before Indian adjudicatory bodies or take evidence on oath and in arbitration proceedings where evidence is recorded on oath, foreign lawyers must not cross-examine or argue Indian law issues, as that amounts to prohibited advocacy.

The BCI has issued show-cause notices to firms and individuals allegedly violating these regulations and is investigating further cases while warning against any non-compliance which would attract disciplinary action, including suspension or removal from practice.

“This press release and the earlier press release do not pronounce guilt. They record the issuance of show-cause notices, with further show-cause notices being in the pipeline, and clarify the regulatory position. It urges all advocates and law firms to audit their websites, media announcements, and social media to remove prohibited content,” it added.

It reiterated its commitment to a liberal but transparent regulatory framework allowing foreign lawyers to practice foreign and international law in India post-registration. However, safeguards would remain in place to protect the sovereignty and integrity of the Indian legal profession.

Advocates and firms were also reminded to adhere to professional conduct rules prohibiting solicitation and excessive publicity with public communications suggesting a unified global legal practice without registration being subject to scrutiny.

Clients and the public were urged to verify the registration status of firms claiming cross-border collaborations. The BCI said it would act firmly against any impermissible practice to uphold legal standards and regulatory compliance.