In the case of AK Balaji v Government of India, Madras High Court on 21 February disposed of a writ petition that sought to restrain foreign law firms and lawyers from “illegally” practising in India. The case was a follow-up to Lawyers Collective v Ashurst, in which Bombay High Court held that the practise of all law by foreign firms in India was illegal, whether the matter was litigious or non-litigious.
The order in AK Balaji, which has been treated as neither a victory nor a defeat, has paved the way for some clarity on what foreign law firms can and cannot do in India.
Bharucha & Partners
Crux of the petition
By the writ, AK Balaji contended as follows:
(a) Foreign law firms (without establishing any liaison office in India) and foreign lawyers – visiting India for the purpose of offering legal advice on foreign laws to their clients, attending arbitrations, conducting seminars, or overseeing legal outsourcing units – violated the provisions of the Advocates Act, 1961, and fundamentally amounted to unfair competition for domestic lawyers. Additionally, the mode of entry adopted by foreign lawyers resulted in immigration law violations as most lawyers visit India using tourist visas.
You must be a
subscribersubscribersubscribersubscriber
to read this content, please
subscribesubscribesubscribesubscribe
today.
For group subscribers, please click here to access.
Interested in group subscription? Please contact us.
你需要登录去解锁本文内容。欢迎注册账号。如果想阅读月刊所有文章，欢迎成为我们的订阅会员成为我们的订阅会员。
Vivek Vashi is the mainstay of the litigation team at Bharucha & Partners where Nitisha Bishnoi is an associate.
Bharucha & Partners Advocates & Solicitors
Cecil Court, 4th Floor, MK Bhushan Road
Mumbai-400 039
India.
Tel: +91-22 2289 9300
Fax: +91-22 2282 3900
E-mail:sr.partner@bharucha.in
