The entry of foreign law firms will help boost capacity building and provide increased opportunities for young lawyers according to Kaviraj Singh, secretary general of the Indian National Bar Association (INBA).
Singh stated that the INBA was keen that a decision on the matter is “taken soon either way and not kept pending”.
No Significant Progress Yet
Lalit Bhasin, the president of the Society of Indian Law Firms (SILF), however noted that there had been little progress on the issue
He pointed out that neither the Bar Council of India nor the concerned ministries have so far appeared to have made headway on the matter. The BCI has been given the responsibility to draft the necessary amendments to the Advocates Act.
Foreign Law Firms’ Entry Must Be Phased
Bhasin stressed that the lawyers’ association was open to the entry of foreign law firms, but it should be done in a phased manner.
On the matter of hiring Indian lawyers, the SILF said that there was no need for foreign law firms to hire Indian lawyers since they would be providing advice only regarding laws of their jurisdictions.
A one-day summit was recently organized by the INBA in New Delhi that tackled the topic of reforms in India’s legal sector. The conference was held jointly by Ministry of Commerce and Industry, the Department of Commerce, and the Centre for Trade and Investment Law of the Indian Institute of Foreign Trade.
The event was attended by nearly 350 lawyers.
Summit Held To Discuss Issues Related To Legal Reforms
Speaking on the occasion, RS Suri, president of the Supreme Court Bar Association highlighted the existence of a “gulf of understanding between the Bar Council of India, State Bar Councils and the government,” which he said must be bridged.
Satya Pal Singh, a minister of state for human resource development, who delivered the inaugural address highlighted the practical difficulties faced by people approaching the Indian legal system and noted the urgency for reforms in the sector.
A video message from Suresh Prabhu Minister for Commerce and Industry spoke about the importance of having alternative dispute resolution forums.
The summit included sessions on important topics like arbitration, liberalization of the legal sector and legal sector regulatory reform.
Some of the prominent participants included Mukesh Butani, partner at BMR Legal, Sameer Chugh, senior president and head of legal at Airtel, James P Duffy III, former co-chair of the India committee at the American Bar Association, Pankaj Mohindroo, president of the Indian Cellular Association, V R Kamala Nathan, secretary of the Madras High Court Bar Association, and Suman Jyoti Khaitan, managing partner at Khaitan & Partners.
Sumes Dewan, managing partner of Lex Favios and a member of INBA’s executive committee spoke on the myths and realities supporting legal reform in India, where he pointed out that allowing foreign law firms to enter the country will benefit the legal industry by bringing exposure to Indian lawyers, give more employment opportunities for law graduates and result in a wider range of legal services for clients.
The INBA has over 10,000 members, and is of the view that foreign lawyers must be allowed to enter the Indian legal market but should not be allowed to appear before Indian courts.
INBA is planning on holding detailed discussions over the coming months on the issue with members of the Madras Bar Association and a bar association from north-eastern India .
