Finland International Trade in Legal Services

Is there legislation governing the legal sector

Advocates act (laki asianajajista) 12 December 1958

Under what title do lawyers practise?

 Advokat or asianajaja

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

Only members of the Bar Association are entitled to use the professional titles of ‘asianajaja’ or ‘advokat’.  Membership of the Bar Association requires the candidate: 1) To be more than 25 years old; 2) To have Finnish or EU nationality; 3) To have completed a Master of Laws degree (LL.M.), which entitles the holder to take up judicial office; 4) To be known as a person of integrity; 5) To have four years' experience in the legal profession and other judicial activities; 6)  To pass an examination; 7) to be independent from government and any other influences apart from his or her client 8) Not to be bankrupt and to have full civil capacity.

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

There is a single national licence to practise in Finland.

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

Legal practice is unreserved. Only the use of the titles of "asianajaja"  and "advokat" are reserved.

There is no nationality requirement on the giving of legal advice in Finland and the law has recently changed to allow lawyers of any nationality to become members of the Bar Association.

Lawyers may practise as sole practitioners, in partnerships or in limited companies. According to the Advocates Act, the practise of legal profession in a company is not allowed, except with another lawyer, unless the Board of the Association grants a permit based upon specific grounds. A decision in principle has been made according to which the Board may not grant such a permit; hence MDPs are not allowed.  Lawyers bear unlimited liability, even when practising in a corporate structure.

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

Finnish Bar Association rules 29.10.2004/934 updated by 10.6.2010/487

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

New law firms must be registered and subject to inspection to ensure compliance with issues such as audit and accounting requirements, confidentiality and security arrangements, client resource management, and liability insurance. Each year a proportion of Finnish firms are subject to inspections by the Finnish Bar.

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

The Finnish Bar Association: http://www.asianajajat.fi/english

Is the jurisdiction a member of the WTO?

Finland joined the WTO on 1 January 1995

Has it made any commitments under GATS in legal services?

Finland has gone beyond the European Union's GATS commitment of modes 1-3 in home country and public international law, and has made full commitments in modes 1-3 subject only to the qualification that when practising legal services as a member of the Finnish Bar Association, Finnish citizenship and residency in Finland are required. Business visitors can enter for up to 90 days without a work permit.

Is the jurisdiction party to bilateral agreements which offer special treatment to businesses or individuals from particular countries?

As a member of the European Union, Finland extends special treatment to individuals and businesses from other EEA states (EU plus Norway, Iceland and Liechtenstein. As a member of the EU, Finland is also party to the EU's many bilateral agreements with other countries and free trade areas ( a full list of these can be found at http://www.wto.org/english/tratop_e/region_e/rta_participation_map_e.htm?country_selected=none&sense=s

The EU has comprehensive provisions covering the free movement of lawyers from EEA countries (EU plus Norway, Iceland and Liechtenstein) and Switzerland. These include the Establishment Directive for Lawyers (98/5/EC), the Lawyers' Services Directive (77/249/EC), the Framework Services Directive (2006/123/EC) and the Professional Qualifications Directive (2005/36/EC). Collectively these directives permit EEA lawyers to provide services freely cross border within the EEA, to establish and provide legal services in host as well as home country and international law and to requalify as a host country lawyer. There are limitations on the applicability of the Establishment Directive to EEA and Swiss lawyers holding specific legal titles and EEA (or Swiss) nationality. Provisions covering trade in services are included in the EU's Free Trade Agreements (FTAs) with South Africa, Mexico, Chile, Colombia, Peru, Central America and Korea. Of these, only the agreement with Korea contains newly liberalizing measures on legal services on the Korean side, and on the EU side offers no concessions beyond those offered to other members of the WTO. Legal services have also been included in the EU’s recent agreement with Canada and bind previous autonomous liberalization. The other agreements simply contain a commitment from both sides to 'progressive liberalization' of trade in services. Negotiations for future FTAs which might include provisions on legal services are ongoing with: Mercosur, Gulf Cooperation Council, India, Japan, Morocco, Ukraine, Moldova, Georgia, Armenia, Singapore, Malaysia, the US and Vietnam.

Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements?

Lawyers from the EU, EFTA or Switzerland are covered by the various EU directives covering legal services (The Lawyers' Establishment Directive 98/5/EC, the Lawyers Services Directive 77/249/EC). The result of these directives is that any EU, EFTA or Swiss lawyer can provide legal assistance in Finnish as well as foreign and international law and can requalify as a Finnish asianajaja.  Foreign lawyers from outside these countries are more restricted in their scope of practice.

There are a handful of foreign firms in Finland including UK and US firms.  

As there is no monopoly on legal services other than membership of the Finnish Bar and the use of the title 'advocate', there are no additional requirements on fly in fly out practice.

Finland is one of the 25 countries in Europe that has signed the Schengen agreement. This allows a non-EEA national to obtain a visa to enter one or more of the Schengen countries for business or tourism purposes on a single visit of up to 90 days, or to make multiple entries to the Schengen area on any number of occasions over a 180 day period, provided none of these is for longer than 90 days.  A number of non-EEA countries are exempt from visa requirements.

There are no restrictions on foreign lawyers practising law in Finland on a temporary basis.

An EEA lawyer must register with the Bar, use his or her home professional title when practising, comply with the Finnish Bar code of conduct and maintain adequate professional indemnity insurance. There are no rules applying to lawyers from other countries.

Not for non-EEA lawyers. An EEA lawyer must hold EEA nationality and an EEA legal qualification.

European Union/EFTA and Swiss lawyers may all appear in court and do not need to do so in association with a local lawyer. Lawyers from other jurisdictions may not appear in court.

Can foreign lawyers requalify as local lawyers?

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

Yes

Even if a foreign law firm does not require a legal licence must they register in some form in order to set up an office? (e.g. with a ministry of company affairs etc)

No

No

No

No - although if foreign law firms wished to enter partnership with Finnish advocates they would be prohibited from taking the forms disallowed to advocates.

No

Yes

Finnish advocates may form partnerships with EEA lawyers.

Yes but only under their home title.

Other useful sources or comments or links

Suomen Asianajajaliitto (Finnish Bar Association): http://www.asianajajaliitto.fi/

Invest in Finland: http://www.investinfinland.fi/services/setting-up-a-business/36