Mexico International Trade in Legal Services

Is there legislation governing the legal sector

The Federal Law on the Practice of Professions in the Federal District (Ley Reglamentaria del Artículo 5o. Constitucional, Relativo al Ejercicio de las Profesiones en el Distrito Federal). 

Under what title do lawyers practise?

Abogado/a - usually translated as lawyer

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

Under the Federal law, the requirements to practise law as a lawyer are as follows: have full legal capacity; have a university diploma from an institution authorized to issue legal degrees; and have a licence to practise the profession.  Lawyers are not required to become members of a Mexican bar association or of any other professional association.   In Mexico, qualified lawyers are those who hold a licence to practise as a lawyer, the ‘Cedula Profesional’.  Once awarded this licence does not need to be renewed.  There are two potential routes to this licence:
Route 1. Studying a bachelor’s degree in law at a Public or Private University whose programmes are recognised by a competent authority. The syllabus of the bachelor of laws are approved either by the  Secretaria de Educacion Publica (Ministry of Public Education) or a recognised public University. On average, a student takes between 4 and 5 years to complete the whole degree. After successfully completing the bachelor of laws and the ‘servicio social’ (mandatory work experience for the benefit of the Mexican community), students are provided with a Titulo Profesional (Degree Certificate) and can apply for the licence to practise which is called the ‘Cedula Professional’
Route 2. CENEVAL, Centro Nacional de Evaluacion para la Educacion Superior A.C. (National Centre for Higher Education Assessment). This route is set out by the 286/328 Agreement issued by the Ministry of Public Education for people who for any reason have cut short their studies, self-taught or people who studied abroad who intend to validate their foreigner degree to a Mexican one. To apply under this route, there are several requirements which must be fulfilled prior to application. Such requirements include age, good professional behaviour and applicants must have studied at least 70% of the bachelor’s degree. This route is comprised of three compulsory stages, including: (i) theorical tests; (ii) practical tests; and (iii) ‘servicio social’. After completing these three stages within a recognised university or institution, students are provided with a Titulo Profesional (Degree Certificate) and can apply for the licence to practise which is called the ‘Cedula Professional’.

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

Admission to the practice of law is national, and lawyers can practise in any state. However, a lawyer must be registered with a state registry in order to charge for the work he or she performs in that state and must have a licence if he or she wants to earn income in the Federal District.

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

Only Mexican lawyers have rights of audience in court and can provide advice on Mexican law.

No

Lawyers may establish to practise as sole proprietors, in general partnership or may form companies. Most choose the form Civil Enterprise (Sociedad Civil, S.C.) which has no limits on number of shareholders and for which all of the shareholders have joint and several liability. Some foreign firms are established as LLPs.

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

Ethics and confidentiality rules are set out within the Criminal and Civil regulations in Mexico.  In addition, members of the (voluntary) Mexican Bar Association are bound by its Ethical Code.

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

There is no explicit foreign law firm licensing regime which regulates these arrangements.

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

The federal Ministry of Education (Secretaría de Educación Pública, SEP) grants licences to lawyers

Is the jurisdiction a member of the WTO?

Mexico has been a member of the WTO since 1 January 1995

Has it made any commitments under GATS in legal services?

Mexico has made no commitments on legal services in the GATS

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

Mexico has bilateral trade agreements with: Chile, Colombia, Costa Rica, EFTA, EU, Israel, Japan,  Northern Triangle (El Salvador, Guatamala, Honduras), Nicaragua and Peru and is also a party to NAFTA

NAFTA includes a chapter on legal services which sets out a process for moving towards the establishment of mutual foreign legal consultancy regimes. 

Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements?

No

There has been a recent influx of foreign law firms into the Mexican market - there are several US law firms with a presence in Mexico, one UK and one Argentinian firm: (including: DLA Piper, White and Case, Holland and Knight, Greenberg Traurig, Haynes and Boone, Jones Day, DAC Beachcroft, Uria Menendez and Baker McKenzie).

There is no requirement to register for activities permitted on a fly-in, fly out basis.

A lawyer can apply for a business visa for marketing and general business development purposes, but must apply for a technical visa if planning to give technical or professional advice to public or private institutions.

A foreign lawyer does not need to obtain a limited licence entitling him/her to offer advisory services in foreign and international law (i.e.. become a foreign legal consultant)

There are no additional requirements

N/A

Are foreign lawyers allowed to appear in court under any circumstances?

No, not without requalifying

Can foreign lawyers requalify as local lawyers?

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

There is no explicit foreign law firm licensing regime which regulates these arrangements. Foreign firms are permitted to establish a commercial presence (a permanent office) to offer advisory services in foreign and international law, provided that for foreign participation to establish a law firm beyond 49% requires a favourable resolution from the Foreign Investment National Commission (CNIE).

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)

Not applicable

Not applicable

Not applicable

Foreign firms are permitted to enter into commercial association with local lawyers or law firms, provided that for foreign participation to establish a law firm beyond 49% requires a favourable resolution from the Foreign Investment National Commission (CNIE) and that in order to practise local law, they have to hire local professionals.

Yes

Yes, foreign firms/lawyers are permitted to enter into commercial association with local lawyers or law firms, provided that for foreign participation to establish a law firm beyond 49% requires a favourable resolution from the Foreign Investment National Commission (CNIE) and that in order to practise local law, they have to hire local professionals.

Yes

Other useful sources or comments or links

For links to licensing and representative bodies:

Barra Mexicana (Representative Bar Association): http://www.bma.org.mx/index.php

Ministry of Public Education (licensing authority): http://www.sep.gob.mx/