Just weeks after slamming the Society of Indian Law Firms (SILF) for its protectionist approach towards the entry of foreign law firms into India, the Bar Council of India (BCI) today sent strongly worded notices flagging unauthorised collaborations or combinations between Indian law firms and foreign law firms, particularly mentioning CMS IndusLaw and Dentons Link Legal, the two firms that have forged arrangements with foreign legal entities.
Common branding under scrutiny
Senior lawyers said the BCI’s ire was “probably directed at the use of a common brand name which it feels is in violation of the BCI new rules.” It may be recalled that the BCI, after several flipflops over the years, had finally come out with detailed guidelines permitting the entry of foreign law firms and lawyers into the rapidly growing Indian legal industry, on May 14 this year. Soon after, on May 28, reputed full services law firm Indus Law had announced a tie –up with global legal giant CMS.
BCI today singled out CMS Indus Law and Dentons LinkLater, a largely referral tie-up between global law firm Dentons and Link Legal in 2022 on the heels of the original notification regarding entry of foreign law firms into India, and observed, “These combinations are often structured through Swiss Vereins, strategic alliances, exclusive referral models, or joint branding initiatives, which are then publicly promoted under combined identities (e.g., Dentons Link Legal and CMS INDUSLAW), thereby portraying to clients and the public at large a de facto integrated legal practice across jurisdictions, including within India.”
The release further goes on to add that , “The Council affirms that such structures, if implemented and operationalised without prior registration under the Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2023 (as amended in 2025) (hereinafter, the “Rules”), are impermissible.”
Notices, consequences and legal precedent
Not only that, referring to the recently amended BCI Rules which provide that “Indian-Foreign Law Firms” must be registered under the Rules, the BCI press release categorically states, “Any arrangement that creates a joint platform, uses a unified brand, involves co-branding of legal services, or results in shared client servicing without registration is in contravention of the Rules.”
In this regard, it cites the Supreme Court‘s judgment in AK Balaji, which held that foreign law firms cannot do indirectly (through an alliance, combination or arrangement) what they are prohibited from doing directly.
The BCI has also sent notices to these combinations of firms, with the threat of action in case of non-compliance and warning lawyers and firms to adhere to the newly amended BCI Rules.
“These notices direct the parties to submit comprehensive written explanations, full documentation of the arrangements, and declarations as to the structure, operations, governance, and regulatory disclosures (or the lack thereof) within a stipulated timeframe. Failure to comply may result in action under the Advocates Act, 1961 and the Rules, including proceedings for professional misconduct, penalties etc.”
When contacted, Gaurav Dani, founding and senior partner of CMS Indus Law said he did not wish to comment on the notice as it was received late in the evening and he had not had a chance to study its ramifications. It may be mentioned that Dani while speaking to FE shortly after the announcement of the tie up with CMS had specifically stated that the arrangement between the two firms had no bearing to the BCI’s new rules. “That’s because our agreement falls outside the ambit of the regulatory framework since we remain financially and operationally independent even as we become a member of the CMS global network.”