Entry of Foreign Law Firms: SILF
In a recent development that has sparked widespread debate in India’s legal community, the Bar Council of India (BCI) has made moves to open the doors for foreign law firms to operate in the country. While this step is seen by many as progressive and a nod toward globalization, not everyone is on the same page about the timing or method of execution.
Lalit Bhasin, the President of the Society of Indian Law Firms (SILF), expressed cautious support for the idea—but with a critical caveat. According to Bhasin, the first and most essential step should have been to amend the Advocates Act, 1961, the foundational law governing legal practice in India.“There’s no doubt that the Indian legal profession must eventually integrate with the global legal community. But we cannot put the cart before the horse,” Bhasin said. “Amending the Advocates Act should have been the starting point. Without that, the BCI’s move seems premature.”
Bhasin emphasized that foreign law firms currently do not fall under the definition of "advocates" as per the existing law. This creates a legal grey area, especially when it comes to regulation, accountability, and professional standards.
The Advocates Act restricts legal practice in India to individuals enrolled with a State Bar Council, and Bhasin argues that unless this definition is legally expanded to include foreign practitioners, the entire move could face constitutional and operational challenges.
The BCI’s decision has raised questions about how foreign law firms will be regulated, what kind of services they will be allowed to offer, and how this will impact Indian law firms and advocates—particularly those operating in the corporate and international law sectors.
While the long-term vision may be to allow cross-border legal collaboration and improve India’s position as a global legal hub, Bhasin and many others in the legal fraternity believe that careful groundwork must precede such a significant shift.
As the legal community waits to see how this situation unfolds, one thing is clear: the future of India’s legal profession is at a crossroads, and the path forward must be paved with thoughtful reforms—not rushed decisions.
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