The Law Counsel

The firm: Established in 1990, ‘The Law Counsel’ is an international law firm based in Bangladesh which is widely recognised as one of the leading firms in the country. It was founded by Mr Abdur Razzaq, currently the senior partner of the firm and in the year of its inception had only two associates. In the last 25 years, the firm has grown in size and stature, with many of its former associates establishing successful independent practices of their own. Currently the firm has three partners, including the senior partner, three senior associates and eight associates.

The Law Counsel regularly collaborates with foreign firms in providing services in Bangladesh. It has worked extensively with Baker & McKenzie LLP and Willkie Farr & Gallagher in the United States and has provided legal assistance to Mayer Brown LLP, Field Fisher and Norton Rose Fulbright LLP.

Areas of practice
Arbitration: the firm’s lawyers have been involved in arbitration proceedings both as arbitrators and counsel. The firm successfully defended the Bangladesh Petroleum Corporation against a claim for damages for failure to accept delivery of petroleum products. It has also successfully represented Dunham Bush Sdn Bhd, a Malaysian company in a multimillion-dollar international commercial arbitration for installation of mechanical ventilation equipment at the largest shopping mall in Bangladesh, the Jamuna Future Park. The firm is currently involved in an arbitration involving an insurance claim against a local insurance company, and is also involved in enforcing an ICC award on behalf of Smith Co-generation (Bangladesh) Limited against the Bangladesh Power Development Board.

Banking: a dedicated team of lawyers provides legal services to a number of banks and financial institutions, including drafting and checking of security document such as mortgages, fixed and floating charges and conducting verifications of the ownership of properties. The firm recently advised Bangladesh’s largest private bank in relation to a syndicated finance project valued at $188.46m to set up a steel mill. The firm regularly advises banks in relation to contracts executed with foreign banks and organisations, including Visa Worldwide Pte Ltd and the International Finance Corporation. Recently the firm advised a local bank in relation to obtaining a $100m facility from Singapore for its offshore banking unit.

Civil liberties and human rights: The firm has a strong track record of advising clients who have been subjected to human rights abuses and violations. In the recent past, the firm has represented victims of enforced disappearances and their family members in legal proceedings before the Supreme Court .

The firm has successfully defended the right of free speech of religious clerics sought to be silenced by radical secular groups. Recently, the firm represented students of a seminary before the High Court in challenging discriminatory practices of public universities in imposing restrictions on their pursuit to higher education. The firm prides itself on representing unpopular and vulnerable sections of the community and is reputed for a skilful use of the law to protect their clients’ interests.

Corporate compliance: The Law Counsel provides a range of legal advice to a number of companies incorporated and registered in Bangladesh. The firm also provides secretarial services to companies, and regularly drafts notices, board resolutions and shareholders resolutions for companies. It currently advises companies such as Oracle, Caterpillar, Nokia and Microsoft regarding all aspects of their business operations in Bangladesh.

Data protection, privacy and cyber-security: The firm regularly advises foreign entities operating in Bangladesh regarding the scope and application of local data protection laws. We have provided comprehensive advice to US based firms regarding regulatory compliance obligations, particularly with regard to data privacy and protection of privacy of local data subjects. The firm has also advised clients with regard to notification obligations in the event of data security breaches as well as with regard to data protection and security in respect of information stored in cloud servers.

The firm recently instituted proceedings before the Supreme Court challenging the legality of the Digital Security Act, 2018 for having contravened constitutionally guaranteed fundamental rights.

Employment: The Law Counsel regularly drafts employment contracts for both foreign and local companies and examines pre-drafted contracts for compliance with Bangladesh law. It also advises companies with regard to processes in relation to dismissal/removal/termination of employees. The Law Counsel has a dedicated team of lawyers practising before the labour courts and the labour appellate tribunals of Bangladesh. Representative clients include Accenture, KAFCO and Columbia Sportswear Company.

Foreign investment: the firm provides assistance in incorporation and registration of companies in Bangladesh. Recently, it helped incorporate a number of 100% foreign owned companies, including Caterpillar Power Generation Systems (Bangladesh) Limited and Power Apparels Limited.

The firm has also provided assistance in the setting up of liaison/branch offices of a number of foreign companies, including Dell Global BV, Tyco Health Care and Abt Associates. The dedicated team of lawyers has experience and expertise in working closely with the Board of Investment in obtaining registration/approvals/extensions of permissions etc.

Immigration and asylum: The Law Counsel is experienced in advising and assisting in immigration applications for travel to the United Kingdom and United States. Lawyers of the firm are experienced in advising and processing immigration and asylum applications before the UK authorities, including the tribunals and the High Court.

The firm also has extensive experience of providing expert country reports relevant for adjudication of immigration and asylum applications, and has provided expert reports to UK law firms, including M-R Solicitors, Uzma Law and Duncan Lewis on matters relating to guardianship, adoption, marriage and divorce laws of Bangladesh as well as advising on authenticity and interpretation of local court records.

Intellectual property: a dedicated team is engaged in registering foreign trade marks in Bangladesh and attending hearings before the Trademarks Registry when objections are raised to the registration.The firm also regularly represents clients in passing-off and trade mark litigation before the District Court and the Supreme Court. Recently the firm represented Novartis, a multi-national pharmaceutical company in a trademark appeal in the Supreme Court which culminated in an out-of-court settlement.

The firm carries out searches/background checks of entities in breach of trade mark laws to advise on the feasibility of pursuing trade mark claims.

Telecommunications: the telecommunications industry has boomed since the turn of the century resulting in the grant of licences to private television channels, radio stations and telephone/mobile phone companies. A large part of the firm’s telecommunications practice involves advising global mobile phone operator groups such as Vimpel Com in respect of expansion of their services within Bangladesh.