New Delhi, Jun 30 (PTI) On the issue of the entry of foreign lawyers and law firms in the country, the Bar Council of India (BCI) has again chided the Society of Indian Law Firms (SILF), accusing it of consistently attempting to undermine its authority and disseminating misleading statements.
The BCI recently notified its amended Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India.
In a release dated June 29, the BCI said SILF had been issuing press releases on the issue which was worded to attract professional misconduct and that the apex bar body was seriously mulling a notice to those responsible for such statements.
BCI secretary Srimanto Sen in the release said, “The language employed by SILF in its press releases amounts to professional misconduct. This society, dominated and controlled by a handful of elite law firms, has been consistently attempting to undermine the authority of the BCI, a statutory body.” Sen continued, “The deliberate dissemination of misleading statements, intended to create a false impression among the legal fraternity and the public at large, is not merely an act of misinformation but also a clear violation of an advocate’s broader duty to maintain the dignity and integrity of the profession at all times.” Opposing SILFs remark about foreign entry dismantling the country’s legal arena as “exaggerated and deeply detrimental”, the release said controlled foreign participation promoted a competitive, modern, globally integrated legal sphere, ultimately empowering clients, providing opportunities for young lawyers and strengthening India’s international standing.
The BCI said SILFs assertion on the non-existence of monopoly among Indian law firms was “untenable”.
“As highlighted in BCI’s statements, a few large firms have systematically monopolised corporate and arbitration work by leveraging informal relationships with foreign clients and networks. This concentration has deprived smaller, mid-sized, and regional firms, as well as young and dynamic advocates, of valuable cross-border legal opportunities,” the release said.
In its opinion “issuing sensational or deceptive” press releases in the name of protecting law firms, when in reality it was done to safeguard private commercial interests, was akin to using the profession for personal or sectional gain prohibited under the BCI rules.
“BCI is seriously considering issuing notice to the individuals responsible for these press releases to explain their conduct. If found guilty, appropriate disciplinary action may be taken, including reprimand, suspension, or even removal from the roll of advocates,” the release said.
The BCI said that the amended rules were carefully crafted in line with Supreme Court judgments and post rigorous legal scrutiny.
The rules restricted foreign lawyers only to non-litigious advisory work while explicitly prohibiting them from practising Indian law or appearing before Indian courts and tribunals, it added.
On June 18, the BCI issued a release, faulting the SILF for its apprehensions on the entry of foreign lawyers and law firms in the Indian legal arena, saying it misrepresented or conveniently ignored certain aspects in the amended rules. PTI MNR MNR AMK AMK
