BCI Enters into MoU with Bar Council of England & Wales to Permit Exchange Program for Lawyers & Law Students

BCI Enters into MoU with Bar Council of England & Wales to Permit Exchange Program for Lawyers & Law Students

The Bar Council of India (BCI) has entered into a Memorandum of Understanding with the Bar Council of England and Wales & Law Society of England and Wales to permit the exchange program for Lawyers and Law Students for mutual exchange of training and learning amongst each other’s jurisdiction.

The MOU was signed on 5th June, 2023, at a meeting held in London attended by several delegates of BCI, the Chairman of the Bar Council of India, the President of the Bar Council of England, and Wales as well as the President of the Law Society of England and Wales.

Under the MoU, the Bar Council of India has been authorized 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 shall 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, as per the press release.

Similarly, selected Law Students shall be recommended by BCI for undergoing internships to the Bar bodies of U.K.

The MoU further provides 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 program shall only be confined to training and learning only.

The Chairman of BCI, Mr. Manan Kumar Mishra informed the delegates that the Regulations regarding entry of Foreign Lawyers in India needed certain crucial changes.

The Vice-Chairman Mr. 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.

The delegation of Bar Council of India included:

Mr. S. Prabakaran, Vice-Chairman, Bar Council of India

Mr. Apurba Sharma, Chairman, Executive Committee, Bar Council of India

Mr. Ved Prakash Sharma, Co-Chairman, Bar Council of India

Mr. Suresh Chandra Shrimali, Co-Chairman, Bar Council of India

Mr. Pratap Mehta, Co-Chairman, Bar Council of India

Mr. Shreenath Tripathi, Co-Chairman, Bar Council of India

Mr. Jayant D. Jaibhave, Co-Chairman, Bar Council of India

Mr. A. Rami Reddy, Member, Bar Council of India

Mr. D. K. Sharma, Member, Bar Council of India

Mr. Dilip Patel, Member, Bar Council of India

Mr. Shailendra Dubey, Member, Bar Council of India

Mr. P. Vishnuvardhana Reddy, Member, Bar Council of India

Mr. Prashant Kumar Singh, Member, Bar Council of India

Mr. Partap Singh, Member, Bar Council of India

Dr. Amit Vaid, Member, Bar Council of India

All Members of BCI and Mr. Srimanto Sen, Secretary, Bar Council of India, participated in the meeting and signing of MoU.

According to the press release, the MoU attempts to facilitate a healthy mutual exchange of ideas, learning, training of the Legal fraternity of both jurisdictions.

In its press release the BCI has pertinently clarified 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 and abroad).