New Delhi [India], October 21 : The Bar Council of India (BCI) has formally withdrawn its earlier press release dated August 5, 2025, and issued a fresh statement following its submission before the Delhi High Court in Atul Sharma vs Bar Council of India and Another.
The new release reiterates that any unauthorised or unregistered collaborations between Indian and foreign law firms are impermissible under the Bar Council of India Rules and the Advocates Act, 1961.
The Council expressed grave concern over the increasing instances of foreign law firms and advocates joining hands with Indian counterparts through models such as Swiss Vereins, strategic alliances, exclusive referral systems, and joint branding initiatives, portraying themselves as unified global legal platforms.
The BCI said these arrangements mislead clients and the public into believing in an integrated cross-border legal practice, which is prohibited. Citing the Supreme Court judgment in Bar Council of India v. A.K. Balaji & Ors, the Council reminded that foreign lawyers cannot indirectly practice Indian law by using alliances or joint branding with Indian firms.
The Court had made it clear that the term "practice of law" goes beyond courtroom appearances and includes legal advice, contract drafting, negotiations, and other connected activities.
According to the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2023 (as amended in 2025), any such firm must register before commencing operations in India. The Council emphasised that any entity operating under a combined or co-branded identity without registration will be deemed in violation of the Rules.
The BCI clarified that foreign lawyers may practice only foreign or international law in non-litigious matters and only after registration. They cannot appear in Indian courts, tribunals, or other quasi-judicial authorities.
Even in arbitrations seated in India, foreign lawyers can participate only on discrete foreign-law issues, provided the arbitral tribunal does not record evidence on oath. If the arbitration involves Indian law or evidence is recorded under oath, such participation would amount to the practice of Indian law and is strictly barred.
The Council further stated that these prohibitions extend to situations where Indian firms operate under the brand or network of a foreign law firm. In such cases, it would be treated as an indirect practice of Indian law by the foreign entity, an act expressly prohibited.
The BCI confirmed that it has identified several law firms and individuals allegedly violating the 2023 Rules. It has already issued show-cause notices directing them to furnish detailed explanations, documents, and declarations about their structures and operations.
The release warned that failure to comply could lead to proceedings for professional misconduct under the Advocates Act, 1961, including suspension or other statutory consequences.
The Council added that more entities are under scrutiny and further show-cause notices will follow. It said that persistence with unregistered collaborations would be treated as an aggravating factor in disciplinary action.
Reiterating the professional code of conduct, the BCI reminded all advocates and firms of Rule 36 of Chapter II, Part VI of the Bar Council Rules, which prohibits solicitation and advertising. It warned that media campaigns, launch events, or social media promotions projecting a single integrated global brand could attract disciplinary action.
Only basic public information, such as name, address, qualifications, and practice areas, may be shared. Any public communication suggesting a merger or unified platform between Indian and foreign firms would invite investigation under both the Foreign Lawyers Rules and Rule 36 on Professional Conduct and Etiquette.
The Council urged all law firms and advocates to review their websites, media content, and public statements to remove prohibited material. Clients and members of the public were advised to verify the registration status of any firm claiming cross-border ties before engaging legal services.
The BCI reaffirmed its commitment to a liberal and transparent framework allowing foreign lawyers to operate in India--but only within the boundaries of law. "While the Bar Council welcomes lawful international cooperation, it will not permit any arrangement that undermines the integrity or sovereignty of the Indian legal profession," the statement said.