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Italy International Trade in Legal Services
Italy International Trade in Legal Services
HOME COUNTRY LICENSING QUESTIONS
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Is there legislation governing the legal sector |
Royal Decree of 22 January 1934, no.3 and Royal Decree of 27 November 1933, no. 1578 on the organization of the legal profession as amended by decrees of 24 February 1997, 13 September 1999, 21 May 2003 (enacted into law 18 July 2003). |
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Under what title do lawyers practise? |
Avvocato |
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How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed?
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In order to become a lawyer in Italy, the candidate must be a member of an Italian bar association. Membership of an Italian bar associations requires 1) completion of an undergraduate law degree (Laurea in Scienze Giuridiche, three years) and a graduate law degree (Laurea Specialistica in Giurisprudenza (a two year programme which confers the title of Dottore Magistrale in Giurisprudenza), or a five year masters degree (Laurea a ciclo unico Magistrale in Giurisprudenza)); 2) the completion of an 18 month training period; 3) Passing the professional examination. Supreme Court lawyers must in addition have completed 12 years of continuous professional experience as an Avvocato or completed 5 years of continuous professional experience and passed a special State examination. |
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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 in Italy is national but registration is carried out locally.
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Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction? |
Italian lawyers have the right to provide representation, assistance and defence of different actors within the judicial processes. Supreme Court lawyers have exclusive right to undertake representation before special courts, i.e. Court of Cassation, Council of State, Court of Audit, Military Tribunal, Supreme Tribunal for Public Waters. |
| Do you need to hold local nationality to be eligible to practise law? |
No |
| What legal forms can lawyers work in? (e.g. self employment, partnership, limited liability partnership, multi-disciplinary partnership, incorporation) |
Italian lawyers may work as sole practitioners, in partnerships and in various forms that permit cooperation with other professions. |
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What other ethical or regulatory requirements must a licensed lawyer comply with? |
The Consiglio Nazionale Forense has set out the Ethical Code for Lawyers in italy. |
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Do law firms need to receive a "license" (or permission/approval) to practice law? |
Law firms do not require separate licences to practise in Italy.
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Which authority issues licences? Are there different authorities for individuals and firms? |
Licences are issued by local bar councils but a national register is maintained by the Consiglio Nazionale Forense (http://www.consiglionazionaleforense.it) |
GENERAL TRADE IN LEGAL SERVICES QUESTIONS
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Is the jurisdiction a member of the WTO? |
Italy joined the WTO on 1 January 1995 |
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Has it made any commitments under GATS in legal services? |
Italy has signed up in full to the European Union's GATS commitment of modes 1-3 in home country and international law. |
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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, Italy extends special treatment to individuals and businesses from other EEA states (EU plus Norway, Iceland and Liechenstein. Italy 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
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| 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. |
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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.
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| Are there any 'foreign law' firms present in this jurisdiction? |
There are over 20 foreign firms established in Italy notably UK, US and German firms. |
INDIVIDUAL FOREIGN LAWYERS
| 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? |
A non-EEA national who wishes to work in Italy on the basis of his or her professional legal qualification must apply to the Ministry of Justice for approval before applying for a business visa (Articles 39-49 DPR 394/1999) |
| Can a foreign lawyer obtain a visa to visit clients or to market but not to practice? |
Italy 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. |
| Can a foreign lawyer obtain a licence to establish and practise as a foreign legal consultant and what is the scope of this limited licence? |
Foreign lawyers may practise in Italy 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 Italian lawyer. |
| Are there any conditions that must be fulfilled once a foreign lawyer has been granted a limited licence (e.g. residency requirement) |
An EEA lawyer must register with the appropriate local bar, practise under his home title, comply with the Italian code of conduct and must maintain adequate professional indemnity insurance. In addition, the lawyer must obtain a resident's permit from the local police authority. (Law DPR 31 August 1999 Nr. 394) |
| Are there any conditions that must be fulfilled for a foreign lawyer to qualify for a limited licence? (e.g. prior practice) |
There are no prior conditions for foreign lawyers. An EEA lawyer must hold EEA nationality and an EEA legal qualification. |
| Are foreign lawyers permitted to undertake arbitration and mediation? | Arbitration in Italy is governed by the Civil Procedure Code and there is no explicit international arbitration regime. However, nothing prevents foreign lawyers from participating in the conduct of arbitrations in Italy. |
| Are foreign lawyers allowed to appear in court under any circumstances? |
European Union/EFTA and Swiss lawyers may all appear in court provided they do so in association with a local lawyer. Other nationals are not permitted to appear in court. |
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Can foreign lawyers requalify as local lawyers?
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EU lawyers may fully requalify as Italian 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 Italy. Non-EEA nationals must sit the full Bar exam before a special Commission of the Italian National Bar Council. There is a reduced examination for those who have passed examinations in Italian universities or have practised the legal profession in Italy for a significant period; for those who have an Italian law degree, requalification only requires a very reduced examination on Italian ethical and professional rules. The recognition of professional qualifications obtained in non-EU countries takes place in accordance with the combined provisions of Articles 37 D. Decree 25/07/98 n. 286 and 39 and 49 of Presidential Decree 394 of 31 August 1999 on the basis of which the registration is admitted to the Bar. |
FOREIGN LAW FIRMS
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Can a foreign law firm obtain a licence to open an office? |
There is no separate law firm licensing regime for foreign law firms. Those US law firms that are established in Italy have done so through their London LLPs. |
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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) |
A foreign law firm would need to complete the same registration formalities as any other foreign business establishing (e.g. execute a public deed of incorporation and company bylaws before a public notary; pay registration tax, register the company and inform the local Labour office).
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| Are there different types of foreign law firm 'licence' (e.g. Joint Law Venture, stand alone foreign licence etc) |
No |
| Is there a quota on the number of licences available? |
No |
| Are there geographical restrictions on foreign firm licences or on the number of branches a foreign firm can have? |
No |
| Are there "scope of practice" rules that apply directly to foreign law firms (as opposed to lawyers themselves)? (e.g. home, host, international law), if so, what are they? | There are no scope of practice rules that apply to firms as opposed to individual lawyers. |
| Are there restrictions on the corporate form a foreign law firm can take? | Foreign (European) law firms are subject to the same rules as local firms. |
| Are there rules about the name a foreign law firm can take? | The Establishment Directive (98/5/EC) makes it clear that EU law firms may use the name of their law firm they use in their home country. The host Member State may require that, in addition mention is made of the legal form of the grouping in the home Member State and/or of the names of any members of the grouping practising in the host Member State. |
| What entity grants a 'license' to a foreign law firm? If that entity is on the Internet, please provide the URL | Law firms from EEA jurisdictions must register with each local bar in the districts where they have offices. |
EMPLOYMENT AND PARTNERSHIP
| Are there restrictions on the ownership share of foreign lawyers in a law firm? |
There are no restrictions on the ownership share of EEA lawyers in an Italian law firm. |
| May a domestic lawyer be employed by a foreign lawyer or law firm? |
There is no prohibition on employment of an Italian lawyer by an EEA lawyer or law firm provided that the independence of that lawyer is protected. |
| Can a domestic lawyer enter into partnership with a foreign lawyer? |
An Italian lawyer may enter a partnership with an EEA lawyer |
| Can a domestic lawyer or domestic law firm employ a foreign lawyer? |
Yes but only under their home title. |
OTHER USEFUL LINKS/SOURCES
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Other useful sources or comments or links |
Consiglio Nazionale Forense http://www.consiglionazionaleforense.it/ |