Argentina International Trade in Legal Services

Abogado/a -

How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed?

Does this entitle the holder to practise throughout the country? If the law license only permits one to practice on a sub-national level, please explain the jurisdictional limits

Yes, although applicants must be registered with the local Bar Association to practise in that jurisdiction.

Only lawyers registered with a Bar Association have rights of audience in court and can provide advice on the law of Argentina.

No

Article 10 of Law 23.187 (applicable in the City of Buenos Aires) forbids fee sharing with non lawyers ("without a qualification to practise"). Most other Argentine jurisdictions have similar rules. This effectively rules out multidisciplinary practice.  The law and other ethical rules are silent on legal forms so it is assumed that a law firm may take any form permitted to any other business provided it does not violate the fee sharing rule. However, some precedents have held that, to the extent certain types of corporate entities limit the liability of their members those structures are not suitable for lawyers, who must always remain unlimitedly liable vis-à-vis their clients.

What other ethical or regulatory requirements must a licensed lawyer comply with? 

Do law firms need to receive a "license" (or permission/approval) to practice law?

There is no explicit law firm licensing regime but lawyers must ensure that they have kept the Bar informed of their latest practising address.

Which authority issues licences? Are there different authorities for individuals and firms? 

Argentina is a party to the MERCOSUR free trade agreement and to free trade agreements between MERCOSUR and India, Israel, Egypt and the Palestinian Authority.

These agreements contain no explicit commitments on legal services.

No

In addition to a branch of Baker and McKenzie, a “subsidiary” of Cleary Gottlieb Steen & Hamilton and at least one branch of a Brazilian firm, there are three or four firms associated with foreign firms.

There is no requirement to register for activities permitted on a fly-in, fly out basis (see below on visas).

Yes, lawyers may apply for a business visa (although visiting customers, marketing and business development activities  and speaking or participating at conferences are not likely to be considered business activities) or a professional visa (for giving technical advice).  Many countries are exempt from any visa requirements.

Foreign lawyers can practise in Argentina as consultants on foreign or international law, but will not be permitted to appear before the courts, file briefs or enjoy confidentiality privileges.  A foreign lawyer does not need any type of license to offer advisory services in foreign and international law. There is no category such as a foreign legal consultant.

There are no “limited licenses” in Argentina. A foreign lawyer must have his or her degree validated in Argentina, enrol with the relevant colegio and establish a legal domicile in Argentina. For example, to enrol with the Colegio de Abogados de la Capital Federal a foreign lawyer must 1) Establish permanent residence in the country; 2) Have his or her law degree recognized and legalized by the competent national authority; 3) Report his or her place of establishment in the Federal Capital; 4) Make a declaration that his or her occupation does not fall within the scope of those declared incompatible with the practise of the profession in Article 3 of Law 23,187. 5) Take a professional oath (Article 10 of the Rules of Procedure); 6) pay the fees established by the regulation.

None specified

Can a foreign law firm obtain a licence to open an office?

There is no explicit foreign law firm licensing regime which regulates these arrangements.

No legal license is required for a foreign law firm to set up an office. However, to the extent activities that qualify as a business will be performed, they will have to be conducted under one of the types of business entities existing in Argentina (incorporated companies, partnerships and branches of foreign businesses) and will be regulated under the same rules that apply to a local or foreign business.

Not beyond the requirements on individual foreign lawyers

For links to professional and regulatory bodies:  

Colegio Publico de abogados de la Capital Federal (Bar of the Federal Capital - body admitting lawyers to practise in Buenos Aires): http://www.cpacf.org.ar/index.php  
 

Colegio de Abogados de la Ciudad de Buenos Aires (City Bar of Buenos Aires - representative body for lawyers in Buenos Aires) http://www.colabogados.org.ar/
 

Federacion Argentina de Colegios de Abogados (Federation of Bars of Argentina) http://www.faca.org.ar/