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Indian Bar Council to visit London

Delegates from the Bar Council of India are due to visit London this week, and the subject likely to dominate proceedings is the question of liberalising labour regulations that currently prevent foreign lawyers from practicing in India. The meeting will draw close scrutiny from the legal outsourcing industry, with executives hoping that a more open arrangement will be on the horizon.

The prevention clause is contained in the Indian Advocates Act of 1961. Under sections 30 and 33 of the act, the definition of 'practice’ is restricted to appearance before any court, tribunal or similar authority – which leaves aside such matters as legal advice, documentation or seeking alternative routes for dispute-resolution. These areas have become chief concerns for legal process outsourcing (LPO) providers in India, but firms are keen for amendments to the Advocates Act that would lead to greater convergence between the activities of Indian lawyers and their Western counterparts.

Concern has arisen in the Indian Bar Council over the influx of foreign firms, mainly via Indian 'liaison offices', which the council has criticised on competitive grounds. The council's interest in the debate has swelled with the news that a case over Advocates Act interpretation involving two major Western law firms is due to be heard in July. The case could determine whether the act prevents foreign practice in any fashion, or just in the context of Indian law.

Conversely, the Indian government supports liberalisation. Its Law Ministry filed an affidavit with the Indian High Court late last year arguing that practice should be interpreted as only applying to Indian law. Society of Indian Law Firms (SILF) president, Lalit Bhasin, says that this would bring '…foreign lawyers who practice international law in India outside the purview of the Indian Advocates Act.'

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