Bar Council of India has entered into a Memorandum of Understanding with Bar Council of England and Wales & Law Society of England and Wales for an exchange programme of lawyers and law students for training and learning about each others jurisdiction.
Under the MoU, the Bar Council of India has been authorised to recommend some young Lawyers to the Law Society and to the Bar Council of England & Wales to provide opportunities of training and learning in International Law Firms, good Law Offices and in English Law Courts.
However, the Lawyers recommended by the Bar Council of India would have no right to practice in UK in terms of the MOU.
The purpose is to only facilitate an opportunity of learning and gaining experience in both jurisdictions, stated a press release.
In a similar manner, selected Law Students will be recommended by BCI for undergoing internships to the Bar bodies of UK.
The MoU further provided for extending training facilities to the solicitors Barristers of England and Wales. Such trainee Solicitors & Barristers shall not be allowed to practice in any form in India under the terms of the MOU and the 90 days programme shall be confined to training and learning only.
The BCI chairman Manan Kumar Mishra has said that this MoU will go a long way in fostering the exchange of legal acumen skill, training, ideas between the legal fraternity of both countries and Indian Lawyers will be benefitted.
They will gain expertise in the field of International Arbitrations, and get opportunities to attend offices of reputed International Law Firms and Offices of renowned Solicitors and Barristers.
BCI will sponsor/recommend only selected meritorious, deserving advocates who normally are unable to afford availing such avenues, Mishra said.
In a historic meeting held at London in the meeting Hall of Law Society of England and Wales, this MoU was signed on June 5, 2023, by the Chairman of Bar Council of India, the President of Bar Council of England and Wales as well as President of Law Society of England and Wales.
In the course of the meeting, the Chairman of BCI, Mishra informed the delegates that the Regulations regarding entry of Foreign Lawyers in India needed certain crucial changes. The Vice-Chairman S Prabakaran stated that BCI has received representations from Indian Law Firms and a section of the Indian Bar. The opinion of Foreign bodies will also be welcomed on this issue.
He said very soon the necessary changes will be made in the Regulations and the registration of foreign lawyers and law firms will start only thereafter.
Srimanto Sen, Secretary, Bar Council of India, informed that the MoU is towards facilitating a healthy mutual exchange of ideas, learning, training of the legal fraternity of both jurisdictions.
"It is made clear that the issue of practice of foreign/UK Lawyers in India and vice versa in UK in any form including International Commercial Arbitration, relating to laws of their respective countries, and in non-litigious areas are not governed or touched upon in the MoU and they remain to be governed by Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022 framed by BCI (which the BCI is proposing to revisit, with a view to address the issues raised by law firms and a few Lawyers of India & abroad)," he said.
