Non-Advocates cannot give legal opinions: HC

Foreign Law Firms are not eligible to open liaison offices or to practice law in India. Even giving an opinion on a legal matter amounts to “practise of law”. Non-Advocates cannot practice law. 

White & Case, a foreign law firm, was granted permission by the RBI u/s 29 of FERA to open a liaison office in India. A PIL was filed contending that such permission was in contravention of s. 29 of FERA as well as s. 29 of the Advocates Act. HELD upholding the challenge:

(i) The liaison offices opened by the foreign law firms to act as a coordination and communications channel between the head office / branch offices and its clients in and outside India related to providing legal services to the clients. Similarly, the liaison activity of providing “office support services for lawyers of those offices working in India on India related matters” and drafting documents, reviewing and providing comments on documents, conducting negotiations and advising clients on international standards and customary practice relating to the client’s transaction etc. was nothing but practising the profession of law in non litigious matters;

(ii) U/s 29 of FERA, RBI has power to grant permission for carrying on “activities of a trading, commercial or industrial nature”. There is a fundamental distinction between professional activity and the activity of a commercial character. As the liaison activities of the foreign law firms related to the profession of law, no permission could be granted to the foreign law firms under section 29 of FERA;

(iii) S. 29 of the Advocates Act which provides that there shall “be only one class of persons entitled to practice the profession of law, namely, advocates” applies not only to persons practicing as advocates before any Court / authority in litigious matters but also to persons practicing in non litigious matters as well. Practicing the profession of law involves a larger concept while practicing before the Courts is only a part of that concept.

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