Support for BCI regulations controlling international law firms' entrance: Statement by Richard Atkinson, Law Society of England and Wales
The Law Society of England and Wales, led by President Richard Atkinson, is currently in India on a visit aimed at engaging with key stakeholders in the Indian legal sector. This visit comes in the wake of the amended Bar Council of India (BCI) rules announced in May 2025, which allow English and Welsh solicitors and law firms to register to practice in India on a permanent basis.
The amended rules are seen as a significant step by UK law firms, as they provide a framework for foreign law firms and lawyers to operate in India. However, challenges remain, particularly around the fly-in and fly-out (FIFO) rules. These rules require foreign law firms to submit a prior declaration for each visit and pay a fee, a process seen as potentially burdensome and restrictive by UK firms.
UK law firms are seeking clarifications and practical adjustments to these FIFO requirements to make them workable and mutually beneficial for both Indian and UK legal professionals. The Law Society aims to work with the BCI on matters of mutual interest regarding the successful working of the BCI's amended regulations for foreign lawyers and law firms.
The FIFO rules compel foreign lawyers to notify authorities before each visit and incur costs per visit, a process that UK firms find burdensome. There is interest in a more streamlined approach that balances regulatory oversight with efficient operation across borders. These issues are part of broader concerns about ensuring fair access, reciprocity, and compliance in the liberalization of the Indian legal market.
During the visit, Atkinson and his team will meet the Union Ministry of Law and Justice, the Society of Indian Law Firms (SILF), and other Indian law firms. Key stakeholders to be met include the Indian Ministry of Law and Justice, the BCI, the Solicitor General of India, and a senior judge from the Supreme Court.
The Law Society believes that an open legal profession will create international business opportunities and contribute to India's economic growth through greater global connectivity. They stand ready to support the BCI and the Indian legal sector in this endeavour. The demand on the Indian legal sector is expected to increase due to the rapid growth of the Indian economy and the expansion of Indian companies abroad.
The Law Society has been working with the BCI and the Indian Ministry of Law and Justice for over two decades to internationalize the Indian legal sector. They look forward to engaging further on the implementation of the amended rules and on initiatives to foster collaboration between Indian and UK lawyers. Atkinson hopes to collaborate and strengthen relationships with Indian counterparts during the visit.
India is an immensely important jurisdiction for UK law firms, and some of these firms may establish a permanent presence in India to be closer to their clients. The amended rules set out a framework for foreign law firms and foreign lawyers to operate in India. The current challenge UK law firms face is the practical implementation of FIFO rules within the newly established framework for foreign firm entry, seeking clarifications from the BCI to avoid excessive administrative and financial hurdles while maintaining accountability and regulatory compliance in India.
[1] The Law Society, Press Release, "UK Law Firms Seek Clarifications on Fly-In, Fly-Out Rules as They Establish Permanent Presence in India", May 2025. [2] The Bar Council of India, Press Release, "Amended Rules for Foreign Law Firms and Lawyers in India", May 2025.
Technology can play a crucial role in streamlining the fly-in, fly-out (FIFO) process for UK law firms, reducing administrative burden and promoting greater efficiency. With educational platforms and self-development tools, law professionals can be equipped with the necessary knowledge on Indian regulations and compliance requirements, fostering a mutually beneficial working relationship between Indian and UK legal sectors.
Through collaboration on technology integration, the BCI can facilitate smoother operations for foreign law firms and ensure that the liberalization of the Indian legal market maintains a balance between regulatory oversight and international growth in education-and-self-development.
