Lithuania International Trade in Legal Services

Is there legislation governing the legal sector

Law on the Bar 18 March 2004 No IX-2066 published in Official Gazette 2004, No. 50-1632.

Under what title do lawyers practise?

 Advokatas  translated as “Advocate”.

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

To practise law in Lithuania, one needs to be recognised by the Bar Association. The list of requirements is laid down in Article 7 (1) of the Act; one needs to: 1) be a national of the Republic of Lithuania or of another EU Member State;  2) To hold a bachelor’s or master’s degree in law, or a lawyer’s professional qualification degree (one-cycle university education in law);3) To have a record of at least five years of service in the legal profession or have served an apprenticeship as an advocate's assistant for a period of at least two years. Service in the legal profession shall include activities specified in the list of legal professions approved by the Government of the Republic of Lithuania. The length of service in the legal profession shall be calculated from the moment a person has acquired a bachelor’s or master’s degree in law, or a lawyer’s professional qualification degree (one-cycle university education in law) and started practising law; 4) be of high moral character; 5) have proficiency in the state language; 6) have passed an advocate’s qualification examination; 7) have no health disorders that would prevent him from performing duties of an advocate. The health requirements and the procedure of health checks for applicants and advocates shall be established by the Ministry of Health and the Ministry of Justice of the Republic of Lithuania. The procedure to be recognized by the Bar Association is set forth in Article 10 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

The licence to practice in Lithuania is national

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

Article 2, Section 1 (1) of the Act describes the role of Lithuanian advocates as follows:  “Legal services provided by advocates shall include legal consultations (legal advice), drafting of legal documents, representation on legal matters, defence and representation in legal proceedings when these actions are carried out for remuneration”. These services may be provided by advocates (advocate's assistants) or a professional partnership of advocates (2). Advocates must be entered on the List of Practising Advocates of Lithuania to practise as advocates (article 17 (1)).  In addition, Article 4 (4) mentions other activities that advocates may undertake: “[a]n advocate shall also be entitled in accordance with the procedure established by the laws to provide services for remuneration as an administrator of bankruptcy, restructuring, property or inheritance, a lobbyist, a liquidator, a curator, an executor of a will, a trustee of property, a patent trustee, as well as to act as an arbiter, a mediator, a conciliator or a legal expert in commercial disputes. An advocate may be a member of the managing or supervisory body of a legal person, but he cannot receive any remuneration, with the exception of bonuses...”

Article 7(1) mentions that nationality of the Republic of Lithuania or a Member State of the European Union is required. Under various treaty agreements this has been extended to include nationality of an EEA member State or Swiss confederation.

Following Article 21 of the Act, advocates may practise: 1) individually; 2) on the basis of partnership without establishing a legal person; 3) by establishing a legal person – a professional partnership of advocates. Advocates may only choose one form of practice and have the right to change the form of practice but must inform the Lithuanian Bar Association. Conditions for individual practice are found in Article 26 of the Act; rules on partnerships in Article 27; and rules on legal entities established for the practice of advocates in Article 28.

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

Code of Professional Conduct for Advocates of Lithuania

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

There is no mention of any requirement for law firm licences in the Act.

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

The Council of the Lithuanian Bar Association issues licenses to advocates (Article 60(4) of the Act).

Is the jurisdiction a member of the WTO?

Lithuania joined the WTO on 31 May 2001.

Has it made any commitments under GATS in legal services?

Lithuania made no specific commitments in legal services on joining the WTO.

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

There are a few foreign law firms in Lithuania including UK, German and other Baltic firms. 

Article 63 of the Act mentions the possibility for lawyers from EEA member states or the Swiss confederation to practice temporarily in Lithuania. It reads: “1. Lawyers from Member States of the European Union bearing the professional title conferred by the competent authority in their home country which is included on the list approved by the Government of the Republic of Lithuania or an institution authorised by it shall have the right to provide services on a temporary basis in the Republic of Lithuania under Article 50 of the Treaty establishing the European Community in accordance with the provisions of this Chapter.” There is no mention of the same possibility for foreign lawyers from outside the EEA.

Lithuania 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 lawyers may provide services in the law of their home country and in public international law. There is no mention of limited license in the Act.

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

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. 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?

Entry of non-EU firms is allowed only through partnership with local law firms. EU firms may open branches in Lithuania and operate multijurisdictional offices. Lawyers practicing EC or Member state law must be fully qualified to provide the services. The right for EU advocate to open an office is conferred by Article 65 (4) of the Act.

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

Article 31(2) 2. Only advocates may be members of the managing body of a professional partnership of advocates. The managing body of a partnership must ensure the possibility for an advocate providing services to comply with the requirements set forth in the Code of Professional Conduct for Advocates of Lithuania.

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

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”. 

There is no prohibition on this in the Act. However, EC nationality is required to provide legal services in Lithuania.

Other useful sources or comments or links

Lithuanian Bar     http://www.advoco.lt/