From London to Delhi: Foreign Law Firms, Indian Regulations and Global Legal Mobility amid a race to practice Internationally

Index of Headings:

1. Introduction
2. The Rationale Behind Opening the Legal Sector
3. Registration Requirements: A Rigorous Process
4. Hefty Registration Fees: Filtering the Entrants
5. Scope of Permitted and Prohibited Activities
6. Areas that are off Limits
7. Disciplinary Action and Regulatory Oversight
8. Renewal and Ongoing Compliance
9. Firms with American Origins Expanding to London
10. Can Indian Lawyers practice abroad?
11. Impact on the Indian Legal Market
12. Conclusion

Introduction

The Indian legal sector has historically been a closed domain, reserved for Indian citizens and regulated tightly by the Bar Council of India (BCI). However, in recent years, there has been a growing recognition of the need to integrate India’s legal market with the global economy. This shift is driven by the increasing complexity of cross-border transactions, the rise of international arbitration, and India’s ambition to become a hub for global business. In response, the BCI has introduced a new regulatory framework that allows foreign lawyers and law firms to operate in India under specific conditions. 

The Rationale Behind Opening the Legal Sector

Last year in March, the Bar Council of India (BCI) had allowed foreign law firms to operate in India under strict rules, allowing them to practice foreign law and international law and arbitration matters on the principle of reciprocity. However, they cannot practice Indian law and their functioning will be limited to non-litigious matters. Despite the BCI's decision to allow entry of foreign law firms, only one has been allowed to operate in India: Link Legal, which announced a "combination" with Dentons, but legal experts argue this is a mere "hand-shake" or co-branding exercise and does not signify actual entry.

A draft of the Advocates (Amendment) Bill, 2025 (the "Draft Amendment Bill") was also made public by the Indian government in February; however, due to a number of concerns expressed by attorneys, it has been temporarily withdrawn for additional revisions. However, the discussion about foreign law firms entering India has regained momentum after the Draft Amendment Bill was introduced and then withdrawn. Among other things, the Draft Amendment Bill sought to amend the Advocates Act, 1961 by adding subclause (cc) to clause 2 of Section 49A. This would have given the Central Government the authority to create regulations controlling the admission of foreign law firms and attorneys into India and invalidate the BCI Rules.

India’s decision to open its legal sector to foreign lawyers and firms is rooted in several strategic considerations. One of the primary motivations is to position India as a preferred destination for international arbitration. The government and legal fraternity believe that the presence of foreign legal expertise will enhance the credibility and attractiveness of India as a venue for resolving international commercial disputes. Additionally, the integration of foreign legal professionals is expected to facilitate the transfer of knowledge, skills, and best practices, thereby raising the overall standards of the Indian legal profession.

Background

In the case of - Narendra sharma and ors. v. Bar council of india and ors;
It was contended that Under the Advocates Act,161, foreign attorneys and law firms cannot be enrolled as advocates or have their names added to the State Bar Councils' rolls of advocates. Furthermore, the Act's provisions prohibit foreign attorneys or law firms from practicing law, even in non-litigious matters. It would be illegal and a clear violation of the law and the ruling of the Hon'ble Supreme Court in A.K. Balaji v. Government of India to permit foreign attorneys to practice non-litigious law.
The matter is now listed for the 14th of August, 2025.

Registration Requirements: A Rigorous Process

In the case of – Bar Council of India v. Bonnie Foi Law College 2023
The Court reasoned that Section 49(1)(ag) of The Advocates Act empowers the Bar Council of India to prescribe rules that would specify a class or category of persons who are entitled to be enrolled as advocates. (para 36)

It was stated that while the State Bar Councils have the function of “maintenance of rolls” under The Advocates Act, the Bar Council of India is not concerned with the same. However, the Rule making power of the Bar Council of India under Section 49(1)(ag) empowers the Bar Council of to prescribe rules that could specify a class or category of persons who are entitled to be enrolled, and the BCI’s powers at a pre-enrolment stage are not ousted through amendment to Section 7(a) of The Advocates Act. The Court also noted that the Bar Council of India, being the apex professional body of the advocates, is concerned with the standards of legal profession and the equipment of those who seek entry into that profession.

The process of registering as a foreign lawyer or law firm in India is both comprehensive and demanding. Eligibility is contingent upon several criteria. Applicants must be authorized to practice law in their home country and must provide a certificate of good standing from the relevant regulatory authority. Additionally, they are required to obtain a No-Objection Certificate from the Indian government, as well as from the authorities in their home jurisdiction. The BCI also mandates that applicants have a clean disciplinary record, free from any history of professional misconduct.

In addition to the registration fee, guarantee amount, and non-refundable process charge, any foreign attorney or foreign law firm, including Indian-foreign law firms, must submit an application in "FORM A." For Indian lawyers and law firms, the application for renewal of registration is submitted on Form B. Registration will be valid for a maximum of five years. (Form A is used for the initial application for registration with the Bar Council of India (BCI) by foreign lawyers or foreign law firms, including Indian-foreign law firms.)

The documentation required for registration is extensive. Applicants must submit proof of their legal qualifications, details of their proposed partnerships with Indian or foreign law firms, and affidavits confirming the absence of criminal convictions or disciplinary proceedings. They must also provide evidence that their home country grants reciprocal rights to Indian lawyers, ensuring that the principle of mutual recognition is upheld.

Hefty Registration Fees: Filtering the Entrants

One of the most striking features of the new regulatory framework is the imposition of substantial registration fees. These fees are among the highest in the world for legal practitioners seeking to operate in a foreign jurisdiction. For individual foreign lawyers, the initial registration fee ranges from $15,000 to $25,000, accompanied by a guarantee deposit of $10,000 to $15,000. Foreign law firms face even steeper costs, with initial fees ranging from $25,000 to $50,000 and guarantee deposits of $30,000 to $40,000. Additional fees are levied for each jurisdiction in which the applicant wishes to operate, and non-refundable processing charges further add to the financial burden.

The high cost of entry serves multiple purposes. On one hand, it acts as a filter, ensuring that only serious and well-resourced foreign legal practitioners seek to enter the Indian market. On the other hand, it reflects India’s cautious approach to opening its legal sector, aiming to protect domestic interests while selectively allowing foreign participation. The fees are subject to periodic revision by the BCI, allowing the regulatory framework to adapt to changing circumstances and reciprocity arrangements.

Scope of Permitted and Prohibited Activities

The new rules clearly delineate the scope of activities that foreign lawyers and law firms are permitted to undertake in India. Registered foreign legal practitioners are allowed to advise clients on foreign law, international law, and a range of international legal issues. They may also participate in international arbitration proceedings conducted in India, whether institutional or ad hoc. In addition, they can engage in non-litigious corporate legal work, such as mergers and acquisitions, joint ventures, intellectual property matters, and contract drafting.

Areas That Are Off Limits 

Property conveyance, title research, or related tasks of creating, getting ready, or submitting paperwork for court, tribunal, or other authority proceedings in India. They are permitted to open offices in India as long as they notify the BCI of the specifics of the new establishment. 
For advice on Indian law, they can consult Indian advocates who were enrolled under the Advocates Act and are registered as foreign lawyers or Indian-Foreign law firms. 

Only foreign attorneys or law firms that are registered under these rules may form partnerships with Indian attorneys or firms.  Indian attorneys are not required to register under these rules in order to serve as staff members, consultants, or advisors in foreign law firms.  Foreign attorneys and law firms "should typically be subject to the same ethical and practice standards" when it comes to disciplinary action.

A notable exception is the “fly-in, fly-out” provision, which allows foreign lawyers to provide legal advice in India without registration, provided their stay does not exceed 60 days in any 12-month period. This exception is strictly limited to advising on foreign or international law and does not permit the establishment of an office or infrastructure in India.

The new regulations will "frustrate international lawyers and force them to setup formal offices and cause concerns about client confidentiality due to information sharing with the Bar Council," according to Salman Waris, managing partner at the Indian law firm TechLegis. A no-objection certificate from the Indian government "stating that an effective legal system" exists in foreign countries whose laws the applicant wishes to practice in India must also be submitted by law firms planning to open offices in India, according to the new regulations.

Renewal and Ongoing Compliance

Registration as a foreign lawyer or law firm in India is valid for five years. Renewal requires the payment of additional fees and the demonstration of continued compliance with BCI regulations. The Council may conduct periodic reviews or investigations to ensure that registered practitioners adhere to the rules and maintain the highest professional standards. Failure to comply with the regulatory requirements can result in suspension or cancellation of registration, reinforcing the BCI’s commitment to maintaining the integrity of the Indian legal profession.

Firms with American Origins Expanding to London

These are U.S.-headquartered firms that have opened new offices in London, typically starting with the recruitment of one or two key partners and growing organically. Some, like White & Case and Baker McKenzie, have had a presence in London for decades and now operate as major players in the legal market. Others, such as McDermott Will & Emery or Vinson & Elkins, have opted to remain small, boutique-style practices. Still others, like Locke Lord and Holland & Knight, are relatively recent entrants to the London market.

Furthermore, there are also firms Formed Through Transatlantic Mergers. These firms result either from a large U.S. firm acquiring a smaller UK practice to gain a foothold in London (e.g., McGuireWoods’ acquisition of Grundberg Mocatta Rakison), or from mergers between firms of similar size aiming to create a broader global platform (e.g., Hogan Lovells or Dentons).

Advantages:

• The newly merged firm gains an immediate UK client base and an established local reputation.
• The culture and operational approach of the legacy English firm often remain intact post-merger.

International law firms, including those with UK or European origins, often maintain offices in key U.S. cities such as New York, Washington D.C., Los Angeles, and Chicago. These firms must comply with state-specific bar regulations and are generally staffed with attorneys licensed to practice in the relevant jurisdiction. Foreign-qualified lawyers may be permitted to advise on the law of their home country or on international law, but they typically cannot practice U.S. law unless licensed by a U.S. state bar.

Can Indian Lawyers Practice abroad?

Indian attorneys must fulfill state-specific requirements before they can directly practice U.S. law. Pursuing a Master of Laws (LL.M.) degree from an accredited U.S. law school is a popular path that may qualify them to take the bar exam in some states, especially California and New York. They can take the bar exam and, if they pass, practice law in that jurisdiction after earning their LL.M. and fulfilling other eligibility requirements. As an alternative, some states allow foreign-trained attorneys to register as Foreign Legal Consultants (FLCs), which enables them to provide legal advice on domestic laws like Indian law but not U.S. law. Furthermore, some states have limited practice laws that permit foreign-trained attorneys to serve as in-house counsel.

Impact on the Indian Legal Market

The entry of foreign lawyers and law firms into India is expected to have far-reaching implications for the legal market. On the positive side, the presence of foreign legal expertise is likely to foster the exchange of knowledge and best practices, raising the overall standards of the profession. Indian lawyers and firms will have greater opportunities to collaborate with their foreign counterparts, gaining exposure to international legal trends and practices. The move is also expected to boost India’s status as a hub for international arbitration, attracting more cross-border disputes to be resolved within the country.

Indian Law students may get a good exposure in the area of AI and tech regulation, along with expanded viewpoint around the subject of arbitration to name a few.

However, the high entry barriers created by the substantial registration fees and exhaustive documentation requirements may limit the number of foreign entrants to only the largest and most well-resourced firms. This could restrict the benefits of competition and innovation that a more open market might otherwise bring. The stringent restrictions on practicing Indian law and appearing before courts ensure that the core legal market remains protected for domestic practitioners, reflecting a cautious approach to liberalization.

The regulatory complexity of the new framework may also pose challenges for foreign lawyers and firms, requiring them to navigate a maze of procedural requirements and ongoing compliance obligations. This could deter some potential entrants, particularly smaller firms and solo practitioners.

Conclusion

The BCI’s decision to allow the entry of foreign lawyers and law firms into India marks a significant milestone in the evolution of the country’s legal sector. The new regulatory framework is characterized by rigorous registration requirements, hefty fees, clear limitations on permitted activities, and robust disciplinary mechanisms. While the rules are designed to protect the interests of Indian legal professionals and ensure reciprocity, they also reflect India’s ambition to become a global legal and arbitration hub.

Foreign lawyers and firms seeking to enter the Indian market must be prepared to meet substantial financial and procedural commitments, operate within a narrowly defined scope of practice, and comply with stringent regulatory oversight. For India, the move represents a strategic step toward greater integration with the global legal community, provided the implementation of the rules remains transparent, reciprocal, and conducive to genuine knowledge and skill exchange.

The true impact of these reforms will become evident in the coming years, as the legal market adapts to the presence of foreign practitioners and the opportunities and challenges they bring. If managed effectively, the entry of foreign lawyers and firms has the potential to elevate the standards of the Indian legal profession and enhance the country’s standing in the global legal landscape, to the benefit of both Indian and international stakeholders.

FAQs

1.Can foreign lawyers practice Indian law under the new Bar Council of India (BCI) regulations?
No. Foreign lawyers and firms are strictly prohibited from practicing Indian law, appearing before Indian courts or tribunals, and engaging in conveyancing or property-related legal work.

2.What is the registration fee for foreign lawyers and firms in India?
Foreign lawyers must pay an initial registration fee ranging from $15,000 to $25,000, along with a guarantee deposit of $10,000 to $15,000. Foreign law firms face higher fees, with initial costs between $25,000 to $50,000 and guarantee deposits of $30,000 to $40,000.

3.What activities are foreign legal practitioners allowed to perform in India?
They can advise on foreign and international law, participate in international arbitration in India, and engage in non-litigious corporate legal work like M&A, joint ventures, and contract drafting.

4.Is there any provision for short-term legal advice without registration?
Yes. The “fly-in, fly-out” provision allows foreign lawyers to advise clients on foreign or international law in India for up to 60 days in a 12-month period, without registration.

5.What disciplinary actions can the BCI take against foreign lawyers?
The BCI can issue warnings, fines, suspensions, or cancel registrations in cases of misconduct. It also cooperates with the lawyer’s home country regulators for cross-border disciplinary actions.