Delhi High Court Asks BCI To Hold Final Decision On 'Dentons Link' Tie-Up Over Alleged Violation Of Foreign Law Firms Rules

The Delhi High Court on Thursday directed the Bar Council of India to not take a final decision pursuant to its show cause notice issued against the “Dentons Link Legal” tie-up over alleged violation of “Bar Council of India Rules for Registration and Regulation of Foreign Lawyers and Foreign Law Firms in India, 2022.”

A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela issued notice on a plea filed by Advocate Atul Sharma and his law firm “Link Legal”- which joined Dentons Group in 2023.

Apart from challenging the Rules in question, the plea also challenges the show cause notice issued by BCI on August 05, against the “Dentons-Link Legal combination”, saying that it was violation of the Bar Council of India Rules and the Advocates Act,1961.

The BCI said that prima facie, the formation and operation of Dentons Link Legal constituted a breach of multiple provisions of the Foreign Law Firms Rules and that the said entity was functioning as a “combined or integrated cross-border law firm within India” without being registered.

The plea further challenges a press release issued by BCI on the same day- August 05, alleging “unauthorized, unregistered, and impermissible collaborations or combinations between Indian law firms and foreign law firms”, naming Dentons Link Legal and another entity- CMS Induslaw.

The plea contends that Link Legal's “combination” with Dentons is not a “merger”, but it is the term used to describe an independent law firm becoming a member of the Dentons Group and is fully compliant with the law laid down by the Supreme Court in Bar Council of India v A.K. Balaji & Ors as well as the impugned Rules issued by BCI.

Senior Advocates Abhishek Manu Singhvi and Arvind Nigam appeared for the petitioners. Advocate Preet Pal Singh represented BCI. ASG Chetan Sharma appeared for the Union Government.

Today, the Court sought response of the BCI and the Union Government through the Ministry of Law & Justice.

The Bench asked the BCI to seek instructions as to how the impugned press release was issued specifically naming the petitioner firm- Link Legal.

It further observed that prima facie, such press release could not have been issued naming the firm in question, keeping in view the fact that a show cause notice was issued in respect of the dispute the same day.

While requesting the BCI to revisit the decision to issue the press release naming the petitioner firm, the Court said: “We further provide that pursuant to the show cause notice, the petitioner may submit a reply and proceedings may go on but no final decision be taken till the next date of hearing.”

The matter will now be heard on August 28.

The plea has been filed through Advocate Himanshu Anand Gupta.

Title: ATUL SHARMA & ANR v. BAR COUNCIL OF INDIA & ANR