Latvia International Trade in Legal Services

Is there legislation governing the legal sector

The Law On the Bar of the Republic of Latvia April 27, 1993.

Under what title do lawyers practise?

 Zv?rvinats advokat translated “Sworn advocate”

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

According to Article 14 of the Act, in order to become a sworn advocate one must:be a citizen of the Republic of Latvia or another EU Member State; have a faultless reputation; have reached the age of 25; have acquired advanced legal education of law recognized by the state, and have received qualification of a lawyer; be fluent in the official state language; have acquired working experience in one of the following posts: a) judge; b) at least two years as a prosecutor, sworn law enforcement officer, the sworn notary; c) at least three years as the assistant of sworn advocate; d) at least three years as a lecturer on any of the subjects of law in the university; e) at least five years in any other position of juridical specialty;  and have passed the examination of sworn advocate. Doctors of law are not required to take the examination of sworn advocate. All sworn advocates must however take an oath (Article 46 of the Act).

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 no mention of sub-national limits for lawyers in the Act. However, Article 45 mentions that “upon admittance into the sworn advocates, the Latvian Council of Sworn Advocates determines in which regional court these sworn advocates shall work and in which court district these sworn advocates shall practice”.

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

Chapter 1, Article 3 of the Law on the Bar describes the activities of advocates: “An advocate is independent and professional lawyer who provides legal assistance by defending and representing the lawful interests of the persons in court proceedings and preliminary investigation, gives legal advice, prepares legal documents and performs other legal actions”. Criminal cases may be handled by foreign lawyers admitted to practice in Latvia only jointly with an advocate of the Latvian Council of Sworn Advocates.

Latvian nationality is required to be admitted as a sworn advocate. However foreign lawyers may practice in Latvia under their country of origin if they are citizens of EU Member States who have obtained the qualification of a lawyer in one of the EU Member States or if there is an international agreement on legal assistance binding between the Republic of Latvia and their home country (article 4 of the Act). To receive recognition that their professional qualifications are adequate for permanent activity in Latvia, a foreign lawyer must obtain certification of his or her knowledge of the Latvian language and Latvian laws and professional qualifications in order to have the same right to professional activity and duties as a sworn advocate of Latvia and to be admitted to provide legal services in Latvia (article 130 of the Act).

The only provisions on the legal form for lawyers is article 116 of the Act which states that “sworn advocates practise individually or also in cooperation only with other sworn advocates. Sworn advocates may create offices of sworn advocates, which are registered by the Latvian Council of Sworn Advocates.” Article 117 states that “sworn advocates practice directly and personally” which implies that they may not be employed by another advocate.

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

The Code of advocate ethics published by the Latvian Collegium of Sworn Advocates.

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

There is no mention of licence for law firm in the Act. However, sworn advocates must inform the State Revenue Agency permanent address of their law office (article 109). According the Statutes of the Latvian Council of Sworn Advocates, offices of sworn advocates are registered with the Latvian Council of Sworn Advocates (rule 2.3.6).

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

The Latvian Council of Sworn Advocates is the competent authority for the registration of individual sworn advocates as well as their practising addresses.

Is the jurisdiction a member of the WTO?

Latvia jonied the WTO on 10 February 1999.

Has it made any commitments under GATS in legal services?

Latvia is party to the European Union's WTO commitments on legal services but has made the following qualifications: In mode 3 for commercial presence and the presence of natural persons, Latvia requires licensing by the Ministry of Justice and knowledge of Latvian language. Licensed lawyers can provide all legal services, except representation in criminal proceedings which is reserved to sworn advocates. There is also a nationality requirement for sworn advocates and sworn notaries.

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, Latvia extends special treatment to individuals and businesses from other EEA states (EU plus Norway, Iceland and Liechtenstein. Latvia 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 within 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 Latvian as well as foreign and international law and can requalify as a Latvian sworn advocate.  Foreign lawyers from outside the EU, EFTA or Switzerland are more restricted in their scope of practice.

There are over 20 foreign firms established in Italy notably UK, US and German firms.  

There is no mention of temporary practice in the Act as far as foreign lawyers are concerned. However lawyers from the EU, EFTA and Switzerland are covered by the provisions of the Lawyers Services Directive which permits fly in-fly out practice without any formal registration requirements.

Latvia 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.

Foreign advocates may practice in Latvia in accordance with Latvia’s international agreements on legal assistance and according to the requirements prescribed in those agreements (Article 4 of the Act).  Persons allowed to practise law in Latvia (i.e. advocates) are listed in Article 4 of the Act. They are: sworn advocates; assistants of sworn advocates; citizens of the member states of the European Union who have acquired the qualification of an advocate in any of the member states of the European Union. Foreign lawyers from outside the EU can practise in Latvia in accordance with international agreements.

A European lawyer must register with the Latvian bar, practise under his home title, comply with the Latvian code of conduct and must maintain adequate professional indemnity insurance. 

Foreign advocates may practice in Latvia in accordance with the international agreements on legal assistance binding to the Republic of Latvia and according to the requirements prescribed in those agreements. An EEA lawyer must hold EEA nationality and an EEA legal qualification.

A lawyer from an EU Member State who practices under their home-country professional title is entitled to participate in court proceedings in criminal cases only together with an advocate of the Latvian Collegium of Sworn Advocates. 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?

Law firms from EEA countries are permitted to establish commercial presence in Latvia. Article 126 of the Act mentions that:  “The advocates of the European Union member countries shall be entitled to form branches of advocates’ unions of their countries of residence in Latvia as well as use names of advocates’ unions of their countries of residence, if full-fledged advocates of the European Union member countries are joined into the advocates’ union of the country of residence.”

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 Latvian law firm.

Article 117 of the Law on the Bar states that “sworn advocates practice directly and personally”, implying that as advocates must be self-employed the condition of employment is not permitted.

Yes, Article 125 of the Act mentions that: “The advocates of the European Union member states practicing in Latvia under profession name of their country of residence shall be entitled to form a joint practice under the same conditions as sworn advocates of Latvia”.

The employment of lawyers is not allowed in Latvia. Articles 118 of the Law on the Bar states:  "On the basis of an employment contract, sworn advocates may employ technical, managing or advisory personnel for the activity of which the advocate shall be responsible and who shall be forbidden to be involved in providing legal assistance".

Other useful sources or comments or links

Latvian Bar  http://www.advokatura.lv/