Ireland International Trade in Legal Services

Is there legislation governing the legal sector

Solicitors Act, 1954 as amended by subsequent Acts (1960, 1994, 2002) and Civil Law (Miscellaneous Provisions) Act 2008

Under what title do lawyers practise?

 Solicitor or Barrister

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

Solicitors: In order to become a solicitor in Ireland, it is necessary to serve a period of apprenticeship for three years and complete courses of study organised by the Law Society of Ireland. To be admitted to the courses of study, it is necessary to have a university degree or its equivalent or be a barrister or equivalent – this is known as the Preliminary Examination requirement. On meeting these requirements, it is necessary to complete the Society’s Final Examination and completion of the professional course which consists of 14 weeks of intensive lectures followed by examination and 18 months in-house training as part of the apprenticeship of a student. Finally there is a further requirement to complete an Advanced Course which consists of seven weeks of intensive lectures followed by examination. Once this section is completed and competency has been demonstrated in the Irish language, a person is entitled to be admitted to the roll of solicitors.  Barristers: The Honorable Society of King’s Inns provides post-graduate legal training, leading to the award of the degree of barrister-at-law. The King’s Inns operates as a voluntary society under the control of the Benchers of the Honorable Society of King’s Inns who are members of the judiciary and senior barristers. Entrance to the degree course is by means of an entrance examination for graduates of the King’s Inns Diploma in Legal Studies or law graduates. The length of the Diploma in Legal Studies course was and remains two years but the Barrister-at Law Course, which was for two years, is from October 2004 to become a more intensive one year course. In addition to completing the course of studies prescribed, students of the King’s Inns must demonstrate their competency in the Irish language and attend ten dinings for each of the two years of the barrister-at-law course. On successful completion of the degree course, students are called to the Bar in the Supreme Court by the Chief Justice.  There are further requirements before barristers can engage in paid legal work.

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 as a solicitor or barrister in Ireland.

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

The following acts are reserved to solicitors under the Solicitors Act 1954: (a) the drawing or preparing of a document relating to real or personal estate or any legal proceeding, (b) the procuring or attempting to procure the execution by an Irish citizen of a document relating to (i) real or personal estate, or movable or immovable property, situate or being outside the State and the United Kingdom, or (ii) any legal proceeding, actual or in contemplation, of which the subject-matter is any such estate or property, (c) the making of an application, or the lodging of a document for registration, under the Registration of Title Act, 1891, or any Act amending that Act, at the Land Registry or to or with a local registering authority, (d) the taking of instructions for, or drawing or preparing of, documents on which to found or oppose a grant of probate or letters of administration. Barristers have reserved rights to appear in the Irish courts.

No

Solicitors may practise as sole practitioners, in general or limited liability partnerships. Barristers may only work as sole practitioners.

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

The Law Society of Ireland maintains a code of conduct for solicitors and the Bar Council of Ireland has set out the code of conduct for barristers.

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

Law firms do not require a separate licence in Ireland but there are specific firm related rules in relation to solicitors accounts and compensation fund.

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

The Law Society of Ireland (www.lawsociety.ie) issues licences to solicitors and the Bar Council licences barristers.

Is the jurisdiction a member of the WTO?

Ireland joined the WTO on 1 January 1995

Has it made any commitments under GATS in legal services?

Ireland 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, Ireland extends special treatment to individuals and businesses from other EEA states (EU plus Norway, Iceland and Liechenstein. Ireland 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 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 a small number of foreign firms in the Irish market, mostly English firms but the financial centre in Dublin has attracted a couple of offshore firms.  

EEA lawyers are permitted to practise in Ireland on a temporary basis without needing to register.

Lawyers visiting Ireland may obtain a business visa which permits a service supplier to visit but not to make direct sales to the public.

Foreign lawyers may practise in Ireland under their home country title in the law of their home country or public international law.  EEA lawyers may establish under their home title and additionally practise local law in association with a Irish lawyer.

An EEA lawyer must practise under his home title, comply with the Irish solicitors' or barristers' code of conduct (depending on which body he/she has registered with) and must maintain adequate professional indemnity insurance.

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 provided they do so in association with a local lawyer on a purely ad hoc and very occasional basis, in accordance with expertise. Other nationals are not permitted to appear in court.

Can foreign lawyers requalify as local lawyers?

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

Foreign law firms may establish in Ireland to provide legal advisory services in home country law and international law and do not need a licence to do so. EEA law firms may additionally provide legal advisory services in Irish law provided they work in association with Irish qualified lawyers and must register with the Law Society.

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 an Irish law firm.

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

An Irish solicitor 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

Bar Council of Ireland: http://www.lawlibrary.ie/
Law Society of Ireland: http://www.lawsociety.ie/