Setting up a company and remitting funds in itself does not violate any FEMA rules. But if you use the funds solely for the purpose of FX speculation it violates FEMA. Your lawyer is right. When you bring the money back, you will have to show how the profits were generated which is exactly why I said that its not worth the trouble. Just to accomplish one thing, we will end up violating many many regulations. Simply time consuming and expensive hiring lawyers, setting up companies etc.
Under LRS you can remit upto 250k to family members without any questions asked. You can even remit online to family members without going to any bank. However, you have to cite a reason like education, sickness etc. 250k is a lot of Money. Most of us traders dont even exceed 5000 usd. A few may be under 20-25k usd in trading accounts. So, even If you are remitting 15-20k USD RBI is not bothered. The income tax may send you a notice asking for source of funds but this is easily handled if you have been filing ITR regularly.
Finally, it will all depend on what kind of money you want to have as your trading capital. If it is under 10000 usd, I would say its not worth the effort, expense and time to set up a foreign company only for the sake of trading in the fx markets. All of this is very expensive and run into a few lakhs. So you get the drift... Lastly, it pays not to be on the wrong side of the law. There is no money bigger than peace of mind.