April 6, 2007
Is India's Bar Softening Stand
Against Foreign Law Firms? By Rana Ajit
New Delhi
With the winds of liberalization blowing all around, there are signs
that leaders of the Indian bar are shedding their opposition to the
entry of foreign law firms in the country.
While the Bar Council of India (BCI), the country's sole statutory
authority governing and regulating the legal profession and
education, still remains opposed to entry of foreign lawyers and law
firms in the country, BCI chairman Jaganath Patnaik has been
appointed by the commerce ministry as a member of the Indo-British
Joint Economic and Trade Committee (JETCO) to discuss and formulate
ground rules for allowing lawyers of both countries to access
others' country.
Similarly, former BCI vice-chairman Adish C. Aggarwala, who till
2004 minced no word opposing foreigners' entry into the Indian legal
service sector, has changed his mind.
Back from a four day-visit of Britain, Aggarwala, chairman of All
India Bar Association, sees no harm in allowing British law firms to
operate in India if Indian lawyers get work permits and visas in
Britain.
"I am still against permitting foreign lawyers' practice in Indian
courts. But there is no harm in allowing foreign legal firms from
undertaking business transaction here and providing their clients
advice on British laws," Aggarwala told IANS.
"This change of my stance is subject to Britain granting work permit
to Indian lawyers and business visa to undertake similar activities
in Britain," he said.
Aggarwala said that Britain's Legal Affairs Minister Baroness Ashton
assured him during his visit to London that Indian lawyers would get
work permits and business visa.
Under the Advocates Act, no foreign lawyer can be registered in
India. The BCI is the statutory body to administer the Advocates
Act, which governs and regulates legal profession in India.
As acting chairperson of BCI in 2003-04, Aggarwala had repeatedly
written to the government, objecting to the commerce ministry's move
to open up the huge Indian legal sector in response to World Trade
Organization's requirement of opening up services sector. The
deadline was set at April 2004, which was extended to April 2006,
but has lapsed for a second time.
Aggarwala argues: "No Indian lawyer would support BCI's opposition
if Indian lawyers are given British work permits and business visas
without any hindrance. The BCI would be left alone in its
opposition."
Besides Patnaik, two other members, Delhi High Court Bar Association
president A.S. Chandhok and advocate Rajeev Luthra, have been
appointed by the commerce ministry on JETCO to negotiate with
Britain the opening up of the Indian law sector.
But BCI secretary M.N. Krishnamani has a different version. Asked if
the BCI had changed its stand on the issue of entry of foreign
lawyers and firms, he replied: "Absolutely not. Our chairman only
recently dismissed these notions at a press meet," said Krishnamani.
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