Greece International Trade in Legal Services

Is there legislation governing the legal sector

Law no. 3026/54 (Lawyers code) as amended by law no. 3919/2011 Special Section B on lawyers and law firms. 

Under what title do lawyers practise?

 Dikigoros (Δικηγ?ρoς)

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

Licensing as a lawyer in Greece requires a degree from a relevant Greek or other recognised tertiary level education institution, 18 months of practical training in a lawyer's office, followed by a Bar examination and registration with the local bar association.

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

Prior to Law 3919/2011, Greek lawyers were limited to practice within their local district. Now lawyers may practice throughout Greece although they must still be registered in one of the the local bar associations.

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

Lawyers have the exclusive right to: 1.Represent citizens in civil and criminal courts and in authorities of the region in which the lawyer is member of the respective bar association (Article 39 of code) (Law 3919/2011 revised the earlier legislation allowing for lawyers members of all bar associations to represent citizens in civil courts); 2.Required presence and signature of a lawyer representing each of the parties in the case of contracts for any transaction concerning real estate property or ships over €29,347 for the regions of Athens and Pireaus or €11,738 for the remaining part of Greece (the presence of a lawyer is not required in the case of transfer of property from parents to their children or between husband and wife or for transfer to the public sector and charity organisations) (art. 42 of code); 3.Compiling or changing statutes of companies with capital of over €29,347 for the regions of Athens and Pireaus or €11,738 for the remaining part of Greece (art. 42); 4.Compilation and submission of the necessary documents related to the(trademarks, patents etc.) (art 39 replaced by art 14 of 1366/1983); 5.Provision of legal advise concerning tax customs and administrative related cases of citizens (art 39 replaced by art 14 of 1366/1983); 6.Mandatory presence in mediation procedures (not arbitration) (Article 8 of law 3989/2010); 7. Research in land registries concerning mortgages, foreclosures, registration (article 41)

Greek nationality is not a requirement for legal practice

Lawyers may practise as sole practitioners, in partnerships or as professional companies.

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

Lawyers must abide by the Greek Bar's code of conduct
(see:http://www.ccbe.eu/fileadmin/user_upload/NTCdocument/code_grece_elpdf12_1187786105.pdf)

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

A law firm must register its addresses, including branches, with the bar where its headquarters is registered.

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

The local Greek Bar Associations issue licences to lawyers and register law firms. A full list can be found at the Athens Bar website: http://www.dsa.gr

Is the jurisdiction a member of the WTO?

Greece joined the WTO on 1 January 1995

Has it made any commitments under GATS in legal services?

Greece has signed up to the European Union's GATS commitment of modes 1-3 in home country and international law.

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, Greece extends special treatment to individuals and businesses from other EEA states (EU plus Norway, Iceland and Liechenstein. Greece 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 )

Do these currently include legal services or are there plans to include them in future?

The EU has comprehensive provisions covering the free movement of lawyers from EEA countries (EU plus Norway, Iceland and Liechenstein) 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 estblish 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 covers legal services explicitly and on the EU side offers no concessions beyond those offered to other members of the WTO. The other agreements simply contain a commitment from both sides to 'progressive liberalisation' of trade in services. Negotiations for future FTAs which might include provisions on legal services are ongoing with: Mercosur, Gulf Cooperation Council, Canada, India, Morocco, Ukraine, Moldova, Georgia, Armenia, Singapore, Malaysia, 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 around 6 foreign firms in Greece, mostly based in Piraeus and mostly UK shipping firms. One US shipping firm is established but has done so through its UK LLP.  

Temporary practice by foreign lawyers under home country title is not permitted in Greece. EU lawyers may practise temporarily as a result of the Lawyers Services Directive (77/249/EEC)

Greece 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.

An EEA lawyer must register with the local bar, practise under his home title, comply with the Greek lawyers' code of conduct and maintain adequate professional indemnity insurance.

In order to register a foreign lawyer must hold an EEA nationality and legal qualification and be in good standing with their home bar association.

Arbitration in Greece is generally conducted under the rules of one of the two major arbitral bodies: the Athens Chamber of Commerce and Industry or the Hellenic Chamber of Shipping.  Greek legislation on arbitration allows the parties to choose the arbitrators they wish.  Mediation is reserved to Greek lawyers.

European Union/EFTA and Swiss lawyers may all appear in court provided they do so in association with a local lawyer.  In theory foreign lawyers may also appear in court provided they do not use the protected title of advocate. 

Can foreign lawyers requalify as local lawyers?

EEA lawyers  may fully requalify as Greek lawyers following the European Establishment Directive 98/5/EC, either by examination or by assimilation over a three year period of continuous and effective practice in Greece. Requalification is not open to non-EEA nationals.

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

Foreign law firms may establish in Greece to provide legal advisory services in home country law and international law but do not require a licence to do so. EEA law firms may additionally provide legal advisory services in Greek law provided they work in association with Greek qualified lawyers and must register with the local bar.

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

There are no restrictions on the ownership share of EEA lawyers in a Greek law firm.

There is no prohibition on employment of a Greek lawyer by an EEA lawyer or law firm.

A Greek lawyer may enter a partnership with a lawyer from an EEA state.

Yes but only under their home title.

Other useful sources or comments or links

Athens Bar: Dikigorikos Sylogos Athinon  http://www.dsa.gr/