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August 21, 2015

Indian legal profession’s complaint against Big Four on standby

The Society of Indian Law Firms (SILF) lodged a complaint in June against all the Big Four firms in India, which hasn’t led to any legal action or proceeding so far.

There has been no development on the matter, SILF president Lalit Bhasin told The Accountant in an email, declining to comment further.

The complaint, seen by The Accountant, is requesting an end to the alleged engagements of the Big Four in unauthorised practice of law, as required by India’s Advocates Act 1961.

SILF aims at preventing an alleged malpractice which sees accountancy and management firms employing law graduates who render legal services, as such in violation of the provisions of the Act.

It also reiterates a Supreme Court decision invalidating the provision which allowed chartered accountants to appear on behalf of a party before the National Tax Tribunal.

Among the legal arguments made by SILF is that only an advocate who is on the rolls of the State Bar Council is entitled to practise the profession of law. That includes both litigious and non-litigious matters.

Quoting a landmark court case, SILF highlighted that India’s Bar Council oversight on non-litigation activities has been non-existent, creating a loop hole exploited by accountancy and management firms.

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