In a strongly worded statement issued on Sunday, the Bar Council of India (BCI) accused office bearers of the Society of Indian Law Firms (SILF) of professional misconduct, alleging that they have been consistently undermining the BCI’s authority as the statutory regulator of the legal profession in India.

The BCI said it is seriously considering issuing notices to certain SILF representatives for releasing public statements that, in its view, misrepresent facts regarding the entry of foreign law firms into India. The regulator warned that disciplinary action could follow if these individuals are found to have violated professional standards.

“Issuing sensational or deceptive press releases in the name of protecting law firms, when in reality aimed at safeguarding private commercial interests, constitutes using the profession for personal or sectional gain, which is strictly prohibited,” the BCI stated in its letter.

The friction between SILF and BCI stems from recently amended BCI rules that allow foreign lawyers and law firms to engage in non-litigious legal work in India under specific conditions. While SILF has said it supports liberalisation in principle, it has expressed concern over the manner and timing of the reforms. In a June 28 statement, SILF questioned whether the BCI’s move would “demolish” Indian law firms.

Responding to this, the BCI alleged that SILF’s press release amounts to professional misconduct. It asserted that the BCI, as a statutory body, is not subordinate to the views of what it described as a “self-serving private institution.”

“Public sentiment and media feedback overwhelmingly support the BCI’s reforms as necessary to modernize and globalize the Indian legal profession,” the statement read, accusing SILF of attempting to protect monopolistic interests.

The BCI also pointed out that many SILF member firms already have international offices and informal tie-ups with foreign law firms, which, it alleged, has resulted in the exclusion of smaller Indian firms from global opportunities.

“It is a well-known fact that almost all the members of SILF have already established foreign offices and informal tie-ups with foreign entities while denying such opportunities to smaller and emerging Indian firms,” the BCI noted.

Reiterating its position, the BCI said the regulatory amendments have been framed in accordance with Supreme Court rulings and after due legal scrutiny. It emphasized that the new rules restrict foreign lawyers strictly to non-litigious advisory work and prohibit them from practicing Indian law or appearing before courts and tribunals.

“The claim of these regulations being ultra vires is therefore unfounded and without merit,” the BCI asserted.

The regulator further announced its intention to introduce additional reforms, including those related to advertising and Limited Liability Partnerships (LLPs), to help Indian law firms become globally competitive. It claimed that the obstructionist stance of some SILF office bearers has hampered growth and caused financial losses to the government.

The BCI concluded by stating that it will consult widely with stakeholders before taking any final decision. A large meeting with law firm representatives is planned in Mumbai, where feedback will be formally considered.

“Only after hearing their views in this forum will the BCI take any final decision on the matter,” the statement added.