Georgia International Trade in Legal Services

Is there legislation governing the legal sector

The Law "On Advocates" adopted on 20 June 2001 

Under what title do lawyers practise?

 “Adwokati” or Advocate

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

According to the Law on Advocates, In order to obtain a licence to practise as an advocate in Georgia, an individual must hold Georgian Citizenship; possess a university degree in law; have passed the Bar Exam; have at least 1 year work experience as a legal expert or a lawyer’s trainee; be a member of the Georgian Bar Association and adhere to Georgian Laws and ethical requirements.

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 Georgia is national.

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

Advocates enjoy a full monopoly over court representation in criminal matters. In civil matters, Article 94 of the Civil Procedural Code states that all persons have a right to provide court representation at first instance. Article 440 of the CPC however reserves appearance in the Appeal or Supreme court level to licensed advocates.

Only citizens of Georgia may become advocates.

The Law on Advocates permits advocates to work either in sole practice or in law firms. In the latter case, the law firm can be organized as a partnership or a legal entity established in accordance with the Law of Georgia on Entrepreneurs (limited liability company, limited partnership, etc.)  (Article 18 of the Law “On Advocates”) 

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

In addition to a number of provisions in the Georgian Law “On Advocates” governing conflict of interest and other obligations of lawyers, the Georgian Bar Association has adopted a Code of Ethics for its members. 

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

There is no requirement to receive a “license” as such. However, under article 18 of the 'Law On Advocates' once the law office is set up, a respective notification must be sent to the Georgian Bar Association. The notification must include the details of the law office, as well as the list of advocates working in the law office. The notification must be submitted to the Bar Association within 10 days from the date of establishment of the law office.

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

Individuals are licensed by the Georgian Bar Association.

Is the jurisdiction a member of the WTO?

Georgia joined the WTO on 14 June 2000

Has it made any commitments under GATS in legal services?

Georgia has made full commitments in modes 1-3 for legal consultancy in home country law and international law.

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

Georgia has bilateral free trade agreements with various states, including Armenia, Azerbaijan, Kazakhstan, the Russian Federation, Turkmenistan, Ukraine and Turkey.

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

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

No

There are several law firms with foreign interest. These include DLA Piper, Ernst & Young and Dechert.  

Currently Georgian laws do not permit issuance of the temporary licenses for legal practice.  Georgia maintains no express restrictions on the fly-in fly-out consulting outside the regulated area of criminal defence (and civil representation, partially). However, foreign advocates may not engage in “advocate activities” on the territory of Georgia, within the meaning of the Law on Advocates.

There are no restrictions on the right of foreign lawyers to obtain visas to visit clients  in Georgia. As for marketing, such activities would be subject to general rules and requirements applicable to the activities of advocates in Georgia.

Foreign lawyers may practise outside of the areas of law reserved to advocates and there is no specific foreign legal consultant licensing process.

Currently there is no notion of a “limited license” for foreign lawyers.

Not applicable

Foreign lawyers may only appear in civil courts at first instance in the capacity of “representatives” of the clients, not as advocates.

Can foreign lawyers requalify as local lawyers?

The nationality requirement for advocates makes it impossible for non-Georgian citizens to requalify as local advocates.

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.

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)

Not applicable

There are no quantitative limitations on law firms

There are no geographical restrictions on law firms

There are no such restrictions.

Yes

Such partnership is not prohibited. However, the general advocacy requirements shall apply to the activities of such partnership.

Such employment is not prohibited. However, the general advocacy requirements and restrictions shall apply to the activities of the foreign lawyer.

Other useful sources or comments or links

We have indicated that foreign lawyers may not engage in activities subject to Law on Advocates. At the same time, currently there are no administrative or criminal sanctions for the breach of the requirements of the said Law. There is one line of interpretation, which equates such activities to “entrepreneurial activities without a special license (permit)”, which is an action punishable under both -General Administrative Misdemeanours Code and the Criminal Code of Georgia. However, we believe that such interpretation of the existing legal framework might be far-stretched. Overall, even though there is a restriction on activities of foreign lawyers in Georgia in the capacity of advocates, the current legislation does not prohibit engagement of foreign lawyers in consultancy activities.