Home       Top Rated       Submit Article     Advanced Search     FAQ       Contact Us       Lawyers in India       Law Forum     RSS Feeds     

Register your Copyright Online

We offer copyright registration right from your desktop click here for details.

Latest Articles | Articles 2014 | Articles 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | Articles 2000-05

Search On:Laws in IndiaLawyers Search

Mutual Consent Divorce in Delhi
We provide fast, cost effective and Hassle free solution.
Contact us at Ph no: 9650499965 (Divorce Law Firm Delhi)
File Caveat in Supreme Court
Contact Ph no: +9650499965

Main Categories
 Accident Law
 Animal Laws
 Aviation Law
 Bangladesh Law
 Banking and Finance laws
 Case Laws
 Civil Laws
 Company Law
 Constitutional Law
 Consumer laws
 Contracts laws
 Criminal law
 Drug laws
 Dubai laws
 Educational laws
 Employment / Labour laws
 Environmental Law
 family law
 Gay laws and Third Gender
 Human Rights laws
 Immigration laws
 Insurance / Accident Claim
 Intellectual Property
 International Law
 Juvenile Laws
 Law - lawyers & legal Profession
 Legal Aid and Lok Adalat
 Legal outsourcing
 Media laws
 Medico legal
 Pakistan laws
 Real estate laws
 Right To Information
 Tax Laws
 Torts Law
 Woman Issues
 Workplace Equality & Non-Discrimination
 Yet Another Category

More Options
 Most read articles
 Most rated articles

Subscribe now and receive free articles and updates instantly.


Published : August 09, 2012 | Author : SP Singh Chawla
Category : Law - lawyers & legal Profession | Total Views : 2894 | Rating :

SP Singh Chawla
SP Singh Chawla. I have completed my 5 year law from BVP , Pune and pursuing CS (Professional). I am a Registered NCFM holder of NSE. My Keen interest is in drafting and Corporate laws.

“Lawyer’s Bar Consultant”

In a recent Meeting of Society of Indian Law Firms ("SILF"), they have decided to ask all the management and accounting firms including Big fours, to stop providing legal advice and opinion to their clients, after a recent Supreme Court order that observed that the expression "to practice the profession of law" under the Advocates Act, 1961(“Act”) covers both litigation as well as non-litigation matters and must be handled only by advocates.

The SILF have decided to take up the issue with the Institute of Chartered Accountants of India (ICAI) and the Ministry of Corporate Affairs (MCA) and it could adversely affect the transactions of the foreign auditing firms.

The SILF headed by Senior Advocate Mr. Lalit Bhasin has continuously joined issues on the subject to oppose entry of foreign law firms into India unless a framework

(i) Addressing the concerns of Indian Law Firms and lawyers, and

(ii) Acceptable to the Indian legal fraternity is first put into place. Firms losing a substantial amount of revenues and clients. He said that in case the accounting firms continue to provide legal advice to their clients, the government too must intervene.

The Secretary, Mr. Manoj Kumar said "Even the practice of non-litigation matters by foreign law firms in India, by whatever name called, has to be in compliance with the provisions of Advocates Act, 1961."

Section 29 clearly specifies that only 'advocates' as defined under the Act are entitled to practice the profession of law in India. An advocate is defined as a person who enters into the rolls of a State Bar Council under the provisions of the Act. The management and accounting firms’ including the ‘big fours’ auditing firms does not comply with this provision.

In 2010, the Bombay High Court ("Bombay HC") in the case of Lawyers’ Collective v. Bar Council of India & Ors held that the 'practice of law' would cover both litigious and non-litigious (advisory) practice. On this basis it was held that foreign lawyers not enrolled as advocates under the provisions of the Act would not be entitled to practice law in India. Thus, foreign lawyers are not entitled to practice law in India, rules Bombay HC.

Bar Council of India (“BCI”) has repeatedly reiterated that the Indian legal profession is both service-oriented as well as based on business principles and hence it was important to understand the legal profession in the Indian context.

The challenge now lies at the doorstep of the Government of India’s law ministry to implement the order of the Supreme Court in letter, spirit and intent and to take all actions necessary to prevent foreign law firms from practicing law in India by any name or any other surrogate arrangements.

Needless to say, the apex court’s ruling is a major setback to the foreign law firms already operating in India under the guise of liaison offices or similar set-ups.

Thus, the task is cut out for the law ministry with all Indian stakeholders like BCI, SILF and numerous law firms standing by its side to prevent entry of any foreign law firms in India.

The  author can be reached at: SPSC@legalserviceindia.com

1 2 3 4 5
Rate this article!     Poor

Most viewed articles in Law - lawyers & legal Profession category
Professional Misconduct by lawyers in India
Professional misconduct of lawyers in india
Judicial Process in India
Restriction on Advocates
Power of Attorney
Basic Principles & Rules of Law of Evidence
The Legal system in ancient India
Judicial Accountability in India
Development of Adalat System during the time of Warren Hastings
Natural Law
Interpretation of Statutes
Review of National Education Policy from Student
Judiciary system in India
Judges of Supreme Court and High Court can be Impeach - A Controversy
Mesne Profit
Theory of Relationship between Law and Morality
Most recent articles in Law - lawyers & legal Profession category
How to Identify Best Criminal Lawyers
Qualities to Look for Divorce Lawyers
Empowering Aspiring Advocates is necessary
How to get Real Time Experience of solving Legal Issues
Representation of Women in the Legal Profession In India
Freedom of Business, Trade and Profession
Legal Profession in India
Law Firm Document Management Software
Theory of Relationship between Law and Morality
Role of Lawyers in Social Transformation
National Judicial Appointment Commission Act
Tribunalization of Justice
Role of Judiciary In Strengthening PIL
Theory of Justice by John Rawls: its criticism by Martha C. Nussbaum and Amartya Sen
Lets Be Defiant
Litigation: An Inherited Proletarianism

Article Comments

Posted by FARIDA A SHAIKH on October 19, 2012
i need a good lawyer for goa asap

Post Your Comments


Your comments

Note : Your email address is only visible to admin, other members / users cannot see it.

You can use following FXCodes

BOLD : [b]
Italic : [i]

[b] Legal Services India [/b] is a [i]nice website[/i].
[url= http://www.legalservicesindia.com/article/ ]click here to visit.[/url]

Legal Services India is a nice website.
Click here to visit


Note : Currently, user comments are moderated and will be posted only after approval.

Please login or register a new free account.

Random Pick
The issue of Uniform Civil Code has been debated since the time of Indian independence. This article deals with whether there is a need for India to have a Uniform Civil Code. The country has already suffered a lot in the absence of the UCC and there is thus, an ever-increasing need for the implementation of a uniform code for all.

» Total Articles
» Total Authors
» Total Views
» Total categories

Law Forum

Legal Articles

Lawyers in India- Click on a link below for legal Services

lawyers in Chennai
lawyers in Bangalore
lawyers in Hyderabad
lawyers in Cochin
lawyers in Pondicherry
lawyers in Guwahati
lawyers in Nashik

lawyers in Jaipur
lawyers in New Delhi
lawyers in Dimapur
lawyers in Agra
Noida lawyers
lawyers in Siliguri

For Mutual consent Divorce in Delhi

Ph no: 9650499965
For online Copyright Registration

Ph no: 9891244487
Law Articles

lawyers in Delhi
lawyers in Chandigarh
lawyers in Allahabad
lawyers in Lucknow
lawyers in Jodhpur
Faridabad lawyers

lawyers in Mumbai
lawyers in Pune
lawyers in Nagpur
lawyers in Ahmedabad
lawyers in Surat
Ghaziabad lawyers

lawyers in Kolkata
lawyers in Janjgir
lawyers in Rajkot
lawyers in Indore
lawyers in Ludhiana
Gurgaon lawyers


India's Most Trusted Online law library
Legal Services India is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2017
 ISBN No: 978-81-928510-1-3