Supreme Court bars foreign firms from practicing law in India

Supreme Court bars foreign firms from practicing law in India

Disposing of a batch of appeals filed by Bar Council of India, a Bench of Justices A.K. Goel and Uday Lalit, however, held that there was no bar for the foreign law firms or foreign lawyers to visit India for a temporary period on a "fly in and fly out" basis for the goal of giving legal advice to their clients in India regarding foreign law or their own system of law and on diverse worldwide legal issues.

While the foreign firms had appealed against these orders, the Bar Council had challenged the Madras High Court's directive that foreign lawyers can "fly in and fly out" to tender legal advice on matters relating to global laws.

Foreign lawyers and law firms can not practice or open offices in India, the Supreme Court has held.

"A casual visit for giving advice may not be covered by the expression "practice", the bench of Justices A.K. Goel and U.U. Lalit said.

However, there is no limitation for them to visit India for a temporary period on a "fly-in and fly-out" basis for giving legal advice to their clients in India relating to the law which is applicable to their country.

More news: Opposition petitions speaker against government's move to 'bulldoze' Finance Bill
More news: UK Sex Gangs Target Around 1000 Children, Ages 11 and Up
More news: Missing employee received early promotion — CDC

The court said that foreign lawyers could, however, come to the country and participate in global commercial arbitration but they have no "absolute right" to do so. Foreign law firms could carry on their liaison activities in India only in accordance with the Advocates Act, it had said.The Law Commission in its 266th report had also supported entry of foreign lawyers and law firms.

The Court has also asked BCI and the Central Government to frame necessary rules in this regard.

The court verdict came on pleas challenging the judgments pronounced by the Bombay and Madras High Courts. It had demanded, much like the Madras High Court, that these lawyers be enrolled as advocates (under the Advocates Act) to be able to prosecute court cases or practice law in litigious and non-litigious matters. "In any case, foreign firms looking to enter India, whenever permitted, will look at local alliances to hit the ground running". Foreign law firms have primarily worked on best-friend relationships with Indian law firms and may continue to do so now that specific directives have been issued.

"We do not find any merit in the contention that the Advocates Act does not deal with companies or firms and only individuals", the court said.

Related Articles

  • Packers beat out Saints, Redskins for Muhammad Wilkerson

    Packers beat out Saints, Redskins for Muhammad Wilkerson

    Wilkerson visited with the Washington Redskins , Kansas City Chiefs and New Orleans Saints in addition to the Packers . Green Bay is hoping he can turn that around while still being an asset in the run game, in which he was the 23rd best.
    Trump envisions space force someday in military

    Trump envisions space force someday in military

    Trump addressed Marines and other service members at an air base in San Diego after visiting his border wall prototypes.
    Stormy Daniels Seeks New Judge in Trump Lawsuit

    Stormy Daniels Seeks New Judge in Trump Lawsuit

    Cohen did not explain why he made the payment or say whether Trump was aware of it. The White House also did not immediately respond to a request for comment.
  • Arbor Realty Trust (ABR)

    It increased, as 29 investors sold XON shares while 30 reduced holdings. 95 funds opened positions while 241 raised stakes. TheStreet raised Vornado Realty Trust from a "c+" rating to a "b-" rating in a research note on Monday, December 18th.
    Federer, Cilic, Del Potro advance in Indian Wells, Djokovic out

    Federer, Cilic, Del Potro advance in Indian Wells, Djokovic out

    Off to a fantastic start on the 2018 ATP World Tour, it appears he is the undisputed player to beat in men's singles right now. Daniel, who is ranked 109th in the world, advanced to the third round where he will face Gael Monfils of France.
    Will Marcus Smart play again this season? Celtics 'just don't know'

    Will Marcus Smart play again this season? Celtics 'just don't know'

    With Marcus Smart (thumb) also uncertain for Wednesday's contest, Terry Rozier should be in line for big minutes in the backcourt. Sports reported Monday that Smart has a torn tendon and will seek a second opinion.
  • Harry Kane 'ruled out until May'

    Harry Kane 'ruled out until May'

    Tottenham are back in Premier League action following the worldwide break with a trip to top-four rivals Chelsea on April 1.
    Vikings offer Kirk Cousins 3-year, $86M deal

    Vikings offer Kirk Cousins 3-year, $86M deal

    While he is not generally considered to be a top 10 quarterback, his strong play the last three years has not gone unnoticed. Bridgewater and Sam Bradford are also expected to sign elsewhere. "The plan is to visit Minnesota first".
    RBI discontinues LOUs/LOCs issuance for trade credit for imports

    RBI discontinues LOUs/LOCs issuance for trade credit for imports

    These firms raised short-term credit from overseas branches of other Indian banks based on these LoUs. The issue of LoU for import of pearls in large quantity in the PNB case was rather unusual.
  • Google Assistant Now Available on the iPad

    Google Assistant Now Available on the iPad

    Today, it's offered on iOS in English, French, German, Italian, Japanese, Portuguese (Brazil) and Spanish, Google notes. You can get started with Google Assistant for iPad by downloading the app from the iTunes App Store [download].
    Toys R Us is said to miss vendor payments as woes mount

    Toys R Us is said to miss vendor payments as woes mount

    In a tweet last week, Toys R' Us said they've seen an wonderful outpouring of love and they are still open for business. In recent years, the toy retail giant has been losing tons of its customers to places like Amazon, Walmart and Target.
    Jose Mourinho: 'Referee right not to send off Jurgen Klopp'

    Jose Mourinho: 'Referee right not to send off Jurgen Klopp'

    Speaking at his post-match news conference on Saturday, Liverpool FC manager Klopp said: "We have to respond, 100 per cent". On why Liverpool weren't at their best, he added: "I have no explanation for that because it's clear".