The Hindu : National : Don't open up legal services: lawyers' fora

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Saturday, Jan 20, 2007
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Don't open up legal services: lawyers' fora

Legal Correspondent

"It is a matter of opening up our system of administration of justice" Foreign lawyers can practise here in reciprocal arrangement

New Delhi: The All-India Bar Association (AIBA) has urged the Centre not to succumb to international pressures and permit entry of foreign law firms.

In a statement here, chairman and vice-chairman Adish C. Agarwala and S. Prabhakaran said the matter should be carefully considered in consultation with the AIBA, the Supreme Court Bar Association (SCBA), the Bar Council of India (BCI), the Bar Association of India and other bodies of the legal profession.

Referring to the move to open up legal services, they said it was a matter of opening up "our system of administration of justice."

Legal profession in India was an integral part of "our justice delivery system" and tampering with it would lead to serious consequences.

In future there might be international pressures for opening up the judicial system and for appointment of foreign judges also in view of their familiarity with international issues arising in courts, in particular commercial matters.

``Take us into confidence''

The AIBA wanted the Government to take into confidence the entire legal profession before initiating any proposal to allow foreign law firms into the country.

SCBA president M.N. Krishnamani, in a statement, said foreign lawyers should not be allowed to practise in India unless they complied with certain conditions.

If Indian lawyers were allowed to practise in a foreign country, in a reciprocal arrangement, lawyers of that country could be permitted to practise in India provided the legal education in that country was compatible with the standards here.

Foreign lawyers should submit themselves to the disciplinary jurisdiction of the State Bar Council and to the Bar Council of India as well.

They should also agree to abide by the BCI code, including prohibition of soliciting briefs by advertisement or otherwise.

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