BCI warns SILF over “misleading” comments on entry of foreign law firms-OxBig News Network

Taking exception to the Society of Indian Law Firms’ “misleading” comments on entry of foreign law firms in India, the Bar Council of India (BCI) has warned SILF members of “disciplinary action” for professional misconduct and constantly undermining its authority as regulator of the legal profession.

“The 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,” BCI Principal Secretary Srimanto Sen said.

The BCI also rejected SILF’s claim of representing the collective voice of the Indian legal fraternity and called out its opposition to the regulated entry of foreign law firms in India, saying the “so-called” SILF is an “elite club” which represents only about 2 per cent or less of the more than 15,000 law firms active across India.

“It is a well-known fact that almost all the members of SILF have already established foreign offices and informal tie-ups with foreign entities while denying such opportunities to smaller and emerging Indian firms,” Sen said.

Maintaining that there was ample scope and potential for growth of Indian law firms, the BCI alleged that driven by their vested interests, a handful of individuals operating under the name of SILF have actively sought to hinder the progress of thousands of law firms and lakhs of lawyers.

The BCI and the SILF have been indulging in a slugfest over the recently amended BCI rules allowing entry of foreign lawyers and law firms in India with the latter wondering if the regulator of the legal profession wanted to bring in foreign interests to demolish Indian entities. Reiterating its support for the entry of foreign firms, SILF has expressed concern over the manner in which the changes are being implemented.

The BCI sought to emphasise that the amendments in the rules for market liberalisation have been carefully crafted in line with Supreme Court judgments and after rigorous legal scrutiny.

“They (rules) precisely restrict foreign lawyers to non-litigious advisory work, explicitly prohibiting them from practicing Indian law or appearing before Indian courts and tribunals (Rules 8(2)(b) and 8(2)(c)). The claim of these regulations being ultra vires is therefore unfounded and without merit,” the BCI said, adding it will soon take important decisions regarding advertisements, Limited Liability Partnerships (LLPs) and other related issues, to enable Indian law firms to compete effectively with foreign firms.