The opening of a legal firm with a Nigerian in Delhi hasn’t only legal representatives up in hands against the unauthorized practice but has also enhanced the decade-and-a-half-old debate over the more important question – should foreign legal professionals be allowed entry into India? dozier law firm
It is often asserted that India has the potential to become one of the uk’s great legal centers nowadays, alongside London and New york city. It has innate advantages in the common legislation traditions and English terminology capability. But until very recently India had not recognized the role that advisory legal services have to play in appealing to foreign investment and having a broader-based services economy.
India being a signatory to the typical Agreement on Company in Services (GATS) which is an organ of the World Trade Corporation (WTO) is under an obligation to open up the service sector to Member Nations.
“Services” would include any service in any sector except services supplied in the exercise of governmental authorities as defined in GATS. “A service supplied in the exercise of governmental authorities” is also defined to mean any service that is supplied neither over a commercial basis nor in competition with one or more service suppliers.
Legal profession is also considered to be one of the services which is roofed in GATS. With the liberalization and the positive effect policy followed in India, multinationals and foreign businesses are increasingly entering India. Foreign finance institutions and business concerns are also coming into India in a quite large number. Their business transactions in India are obviously governed by the Indian law and the other law organizations (FLF’s) and foreign legal sales staff (FLC’s) being not completely conversant with the American indian legislation require the assistance of legal professionals enrolled and practicing in India. This kind of has led to the idea of entry of foreign legal consultants and liberalization of legal techniques in India in collection with the guidelines progressed by the International Pub Association (IBA) and the GATS. If this idea is to be practice, the Advocates Act, 61 which governs legal practice in India needs to be amended.
Legal “practice” is not defined in the Advocates Act but a reading of Parts 30 and 33 shows that practice is limited to appearance before any court, tribunal or expert. It does not include legal advice, documentation, substitute strategies of resolving disputes and such other services. Section 24 (i)(a) of the Act provides that a person shall be trained to be admitted as an Advocate on the state of hawaii Throw if he is citizenship of India provided that susceptible to this Act a national of any other country may be publicly stated as an Advocate on the State Roll if the citizens of India duly qualified are authorized to practice law in this other country.
Section forty seven of the Act provides that where a country specified by the Central Govt. in this account with a notification in the Official Gazette stops the citizens of India from practicing the career of law subjects them to unfair discrimination because country, no subject of any such country shall be eligible for practice that profession of law in India.