The Court said legal process outsourcing companies can do work in India as long as it does not amount to practice of law.
While reiterating the position that no one other than an Indian registered with the Bar Council of India or its State units can practice law in India, unless a foreigner seeking to practice in India hails from a country which reciprocates by allowing Indian advocates to practiced in that country, the Madras High Court made a limited exception in favour of foreign lawyers flying in and out after proffering advice on foreign law.
The Court took note of the fact that India, being a WTO member and a recipient of foreign direct investments, needs to be enlightened on aspects of the laws of collaborating countries with which Indian law practitioners naturally cannot have mastery. This void necessarily has to be filled by foreign lawyers. Moreover, the Court pointed out, having regard to the aims and objects of International Commercial Arbitration envisioned in our Arbitration and Conciliation Act, 1996, foreign lawyers simply cannot be kept away from India or from conducting arbitration proceedings here.
The Court, while giving a guarded thumbs-up to the so-called LPOs (legal process outsourcing companies) by saying that they can carry on their work in India so long as it did not amount to practice of law in India, made it clear that one is free to approach the Bar Council of India if the LPO office turns out to be a fig-leaf for legal practice in India.
The range of services that passes muster includes word processing, secretarial support, transcription and proof-reading services.
