Liechtenstein International Trade in Legal Services

Is there legislation governing the legal sector

Rechtsanwaltsgesetz (RAG) 8 December 1992

Under what title do lawyers practise?

 Rechtsanwalt

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

The following are the requirements for practice as a lawyer in Liechtenstein: proof of good character ("operational and trustworthy"); Liechtenstein national citizenship or the citizenship rights of a Contracting Party to the Agreement on the European Economic Area; Residence in the Principality of Liechtenstein or in a party to the Agreement on the European Economic Area; law degree from a government-recognized university or college; Evidence of at least two years of practical legal work within the Liechtenstein courts; passed the bar exam; provide proof of required level of liability insurance; registration with the Financial Market Authority of Liechtenstein.

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

Yes

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

Under Article 7 and 8 of the RAG, lawyers and law firms on the register have the exclusive power to provide professional legal advice, and represent parties in all judicial and extrajudicial matters.

Only lawyers from Liechtenstein or an EEA contracting party may practise law in Liechtenstein.

Liechtenstein lawyers may work as sole practitioners, in simple partnerships, general partnerships, limited companies or limited liability partnerships.

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

Liechtenstein lawyers must comply with the Professional Guidelines of the Liechtenstein Chamber of Lawyers of 05. May 1994 (as amended).

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

Law firms must be entered on the register and there are certain formalities which must be observed: All owners or members of the law firm must be registered individually, the law firm must have the required indemnity insurance and observe the requirements in the Act in relation to the storage of client files for 10 years.

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

The Financial Markets Authority maintains the register for individuals and law firms and the Supreme Court acts as the disciplinary authority.

Is the jurisdiction a member of the WTO?

Liechtenstein joined the WTO on 1 September 1995

Has it made any commitments under GATS in legal services?

Liechtenstein has made commitments in modes 1 and 2 for legal consultancy on home country law and international law but not Liechtenstein law. It is unbound in mode 3.

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

Liechtenstein is a member of EFTA through which  it is a party to the EEA agreement with the EU. Through EFTA it is also party to 24 free trade agreements (covering 33 countries) with the following partners: Albania, Canada, Chile, Colombia, Croatia, Egypt, Gulf Cooperation Council (GCC), Hong Kong, Israel, Jordan, Korea, Lebanon, Macedonia, Mexico, Montenegro, Morocco, Palestinian Authority, Peru, Serbia, Singapore, Southern African Customs Union (SACU), Tunisia, Turkey and Ukraine.

Legal services are included by Liechtenstein in the EFTA agreements with Chile, Colombia, Korea, Singapore and Ukraine and in these Liechtenstein has reiterated the commitments it has made in the GATS. In the EFTA agreement with Hong Kong, both parties committed to develop disciplines in the area of professional services. In the agreement with Peru both parties agreed to follow an approach of mutual recognition of qualifications in order to promote trade in services.

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 the laws of Liechtenstein as well as foreign and international law and can requalify as a Liechtenstein rechtsanwalt. 

There is a German law firm registered with the FMA. 

Lawyers wishing to provide temporary services in Liechtenstein must fulfil the following conditions: Nationality of a Contracting Party to the Agreement on the EEA or Switzerland; Recent confirmation of the Bar Association in the State of origin; Proof of liability insurance with a minimum coverage per occurrence of CHF 1,000,000

Nationals from any EU country may enter Liechtenstein freely. Holders of passports from other  OECD countries, most Central and South American and Caribbean countries and a number of other small countries (e.g. Seychelles) may have visa free access for up to 90 days.

Lawyers from within the EU, EFTA or Switzerland are covered by the Lawyers' Establishment Directive 98/5/EC which allows them to practise under their home country title and to practise Liechtenstein law under certain controls. There are no provisions for foreign legal consultants from elsewhere to establish.

A foreign lawyer (only EEA nationals are permitted) must abide by the Liechtenstein code of conduct and remain in good standing with his or her home bar.

In order to register as a 'foreign' lawyer in Liechtenstein an individual must hold the nationality of an EEA country and be resident in Liechtenstein or in an EEA member state, be qualified as a lawyer in an EEA member country, be in good standing and hold the required indemnity insurance.

EEA lawyers may appear in court in conjunction with a local lawyer.

Can foreign lawyers requalify as local lawyers?

EEA lawyers may requalify in Liechtenstein either by examination or after a period of assimilation by working alongside a local lawyer.

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

Only a law firm from another EEA member state may open an office in Liechtenstein

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

Only Liechtenstein and other EEA lawyers who are entered on the FMA list may own shares or be a partner in a law firm.

Yes, although the foreign lawyers concerned must be other EEA lawyers or law firms.

Yes although the lawyers concerned must be other EEA lawyers or law firms.

Yes

Other useful sources or comments or links

Liechtenstein Bar Association: http://www.lirak.li/