Dentons Link Legal and CMS IndusLaw merger potentially breaking laws, claims Bar Council of India
The Bar Council of India (BCI) has tightened the regulations surrounding collaborations between Indian law firms and foreign law firms, following the amendment of its rules in May 2025. Notably, CMS has announced that IndusLaw has become one of its member firms, marking the second such collaboration between an Indian firm and an international firm, after Dentons Link Legal's announcement in May 2023.
In a press release, the BCI referred to the recently amended rules governing the entry and operation of foreign lawyers and law firms in India. These rules provide for the registration of "Indian-Foreign Law Firms." The BCI's stance is clear: any collaborations that are not registered 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), are considered impermissible.
The BCI's rules state that any arrangement creating a joint platform, using a unified brand, involving co-branding of legal services, or resulting in shared client servicing without registration is in contravention of the rules. The BCI has taken a firm stance against unauthorized practice, and any foreign lawyer, law firm, or Indian law firm found to be in violation will be dealt with accordingly, in accordance with the law.
The BCI's concerns centre around collaborations structured through Swiss Vereins, strategic alliances, exclusive referral models, or joint branding initiatives. Failure to comply with the BCI's demands may result in action under the Advocates Act, 1961 and the Rules, including proceedings for professional misconduct and penalties.
The BCI's regulations prohibit foreign law firms and lawyers from practicing Indian law, including litigation, providing legal advice on Indian law, drafting legal documents, and court appearances. This extends to indirect practice through alliances or joint entities—the Supreme Court has held that foreign firms cannot do indirectly what they are barred from doing directly.
However, collaborations may not inherently violate the BCI Foreign Law Firm Rules unless they cross into unauthorized practice of Indian law. Foreign law firms are permitted under the Rules to provide non-litigious advice on foreign law, international legal matters, and certain "fly-in, fly-out" services under tightly controlled conditions.
The amended Rules may include registration requirements from 2025 onwards for foreign law firm alliances, implying that entities like Dentons Link Legal and CMS IndusLaw need to comply with this registration to operate legally within India.
In light of these developments, the BCI strongly advises all law firms, lawyers, clients, and stakeholders to strictly adhere to the newly amended BCI Rules. The current regulations under the amended Bar Council of India (BCI) Rules strictly regulate collaborations between Indian law firms and foreign law firms such as CMS IndusLaw and Dentons Link Legal.
- In light of the amended Bar Council of India (BCI) Rules, any collaboration between Indian law firms and foreign law firms, such as the one between CMS and IndusLaw, must be registered to comply with the regulations governing the operation of foreign lawyers and law firms in India.
- Failure to register collaborations between Indian law firms and foreign law firms, like the one between CMS IndusLaw and Dentons Link Legal, as per the BCI Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, is considered impermissible and may result in action under the Advocates Act, 1961 and the Rules.
