The Association of Corporate Counsel (ACC) has written to the Minister of Law and Justice of India, Arjun Ram Meghwal, seeking reintroduction of reforms to the Advocates Act, 1961, to include general counsel in India within the definition of “legal practitioners”. This is in response to the early conclusion of the draft amendments that were proposed.
The draft amendments had mostly drawn a negative response from the fraternity for various reasons, including government overreach in matters of the Bar Council of India.
The letter brings the minister’s attention to the fact that multiple countries recognise general counsel as legal practitioners, allowing them to be members of the bar and enjoy protection of the law for privileged communication. Some of these are common law countries just like India, such as Australia, Canada, New Zealand, Singapore, the United Kingdom and the United States.
The ACC also highlights the many benefits this recognition would bring to the commercial practices of companies in India, such as improved compliance and international competition.
Recognition of GCs would allow counsel to work closely on both sides of compliance requirements and throughout the entire cycle, ensuring improved understanding and even methods, the ACC noted. This in turn also enables counsel to not only conduct compliance practices for their own companies, but train others to do so, easing the burden on the judiciary.
Additionally, where a counsel can practice and perform their duties in multiple jurisdictions, the flexibility would attract more companies to India and boost economic prospects in the country.
The ACC voiced support for the revision to include general counsel, letting them retain their “advocate” status and include their time in-house as part of experience certificates.
