Atwo-judge bench of Madras High Court has ruled that foreign law firms may “visit India for a temporary period on a fly in and fly out basis” to advise their clients on foreign law. The decision sheds light on the hotly debated subject of foreign lawyers present in India.
The court also acknowledged that the 30 foreign law firms and a legal process outsourcing provider named as respondents in a March 2010 petition by AK Balaji, a Chennai-based advocate, cannot be considered to be practising law in India.
Chief Justice MY Eqbal and Justice TS Sivagnanam said that foreign lawyers who “do not appear before any courts or tribunals anywhere in India” have generally provided consultancy and support services with regard to the protection and management of intellectual, business and industrial proprietary rights, without rendering legal advice.
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