Azerbaijan International Trade in Legal Services

The Law "On Advocates and Advocates' Activity" (2000) and Presidential Decree No. 637 "On Confirming the List of Activities which Require Special Permission (Licenses)." 

1) Advokaty ("advocates"  who can represent clients in criminal court and who are members of the Collegium of Advocates);

2) "Yuristy" or legal advisers, persons with legal training who can represent clients in civil proceedings only and provide general legal advice.

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

The licence to practise law in Azerbaijan is national.

Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction?

The Law on Advocates and Advocates' Activity (1999) (as amended) limits practice as an advocate to those who are members of the Collegium and have taken the advocate's oath. Only advocates can act as criminal defence lawyers (zashchitniki) in court, pre-trial investigations and inquiries in accordance with the procedural legislation of the Republic of Azerbaijan.  Advocates can also represent individuals and legal entities in governmental and non-governmental bodies and organizations, including those in foreign countries and international organizations; give oral and written consultations, clarifications and interpretations on legal questions; compile statements, appeals and documents of a legal nature; render necessary legal assistance to individuals and to legal entities; offer other legal assistance.  Article  92.1 of the Criminal Procedural Code states that: “Only persons entitled to work as lawyers in the Azerbaijan Republic may act as defence counsel in criminal proceeding”.  According to Article 66 of the Civil Procedural Code, advocates shall provide representation in civil cases. However, their monopoly is limited to proceedings at the Supreme Court level only.

There is no nationality restriction on the practice of law in Azerbaijan

Article 5 of the Law on Advocates provides that advocates may either work in sole practice or in forms otherwise stipulated in the legislation of the Republic of Azerbaijan (chambers of advocates or law firms). Article 6 requires the prior state registration of a legal structure for practice and further requires that the founders of a firm or chambers must be Azeri advocates. 

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

The Law on Advocates and Advocate’s activities and the Criminal Procedure Code contain some general rights and responsibilities of advocates (e.g. on attorney-client privilege). The promulgation of a more detailed code of ethics was left under the law to the Collegium of Advocates but no such code has been published.

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

In cases where three or more advocates work together they may apply for a firm licence.

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

Azerbaijan is a member of the Commonwealth of Independent States and has bilateral trade agreements with Georgia, the Russian Federation and the Ukraine.

The coverage of Azerbaijan's bilateral agreements is limited to goods.

No

There are branches of a few international law firms (e.g. Salans, Baker & McKenzie, Price Waterhouse Coopers Legal) present in Baku as well as the branch of a Kazakh firm and of a Scottish firm).

Are there any explicit rules or restrictions other than visas on fly in fly out practice of law? Ie. Do you need to obtain a licence for temporary practice?

 There are no explicit restrictions on the fly-in fly-out practice of law outside the regulated area of criminal defence, provided services are not marketed directly to the public.

Business visitors may obtain a visa to visit Azerbaijan but must have an invitation from an Azeri business.

There is no requirement for a foreign lawyer to obtain a licence to practise as foreign legal consultant in Azerbaijan but they must not call themselves advocates and do not have right of audience where these are reserved to advocates.

Not beyond the general requirements for the issuance of work permits to foreign nationals

Not applicable

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

There is no requirement for foreign law firms to obtain special licences to practise law beyond the usual company registration procedures.

In order to set up a limited liability company or partnership in Azerbaijan a foreign firm must register with the Ministry of Taxes. Branches of foreign firms are not permitted.

Ministry of Justice - http://www.justice.gov.az/eng/index.php