LI Network
Published on: 07 June 2023 at 11:33 IST
The Bar Council of India signs MoU with Bar Council of England and Wales and Law Society of England and Wales for Lawyer and Law Student Exchange Program.
The agreement allows for reciprocal training and learning opportunities between the jurisdictions.
As part of the MoU, the Bar Council of India has been granted the authority to recommend young Lawyers to the Law Society and the Bar Council of England & Wales, enabling them to gain experience in International Law Firms, reputable Law Offices, and English Law Courts.
Bar Council of India Signs MoU with Bar Council of England and Wales and Law Society of England and Wales for Lawyer and Law Student Exchange Program, Focused on Learning and Training Opportunities.
Under the Memorandum of Understanding (MoU), lawyers recommended by the Bar Council of India will not have the right to practice in the UK. The main objective of the MoU is to facilitate a valuable learning experience in both jurisdictions. Similarly, selected law students will be recommended by the Bar Council of India for internships with the Bar bodies of the UK.
The MoU also includes provisions for extending training facilities to solicitors and barristers from England and Wales. However, these trainee solicitors and barristers will not be permitted to practice in any form in India as per the terms of the MoU. The 90-day program will solely focus on training and learning opportunities.
Bar Council of India Signs MoU in London; Seeks Crucial Changes in Regulations for Entry of Foreign Lawyers
The Memorandum of Understanding (MoU) was signed during a meeting held in London on June 5. The Chairman of the Bar Council of India, the President of the Bar Council of England and Wales, and the President of the Law Society of England and Wales were present at the signing.
During the meeting, Mr. Manan Kumar Mishra, Chairman of the Bar Council of India, informed the delegates about the need for essential changes in the regulations governing the entry of foreign lawyers into India. Mr. S. Prabakaran, Vice-Chairman, mentioned that the Bar Council of India has received representations from Indian law firms and a section of the Indian Bar. Additionally, the opinions of foreign bodies on this matter will also be welcomed.
BCI Clarifies Scope of MoU: Practice of Foreign/UK Lawyers in India and UK Not Addressed
In a press release, the Bar Council of India (BCI) clarified that the issue of foreign/UK lawyers practicing in India and vice versa, including in international commercial arbitration and non-litigious areas governed by their respective countries’ laws, is not covered in the Memorandum of Understanding (MoU). The regulations regarding the registration and regulation of foreign lawyers and foreign law firms in India are governed by the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.
The BCI further stated its intention to revisit these rules to address the concerns raised by law firms and lawyers in India and abroad.