Norway International Trade in Legal Services

Is there legislation governing the legal sector

Domstolsloven (Courts of Justice Act) 1915. 

Under what title do lawyers practise?

Advokat

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

In order to obtain a licence to practise in Norway, an individual must fulfil the conditions laid down in clause § 220 of the Act. These require: 1) a Norwegian University degree in law; 2) A clean conduct record (in the form of a police certificate that is less than three months old); 3) Two years'  of practice as an associate lawyer or as an assistant judge; 4) Experience of trying three cases before the courts, at least one of which must have been a civil case; 5) participation in a special course for advocates; 6) the candidate must be at least 20 years of age.  In addition, further conditions are required before an advocate can appear before the Supreme Court: At least one year's practice experience and proof of suitability for Supreme Court litigation in an evaluation by the Supreme Court.

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 practice of law in Norway is national.

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

Section 218 of the Courts of Justice Act mentions that the practice of law is reserved to licensed advokater. According to section 218 “to practice law means to give legal assistance to others as a profession or in a regular manner”. However, a person with a law degree may give legal assistance without being licensed as an advokat. Such legal practice can only be carried on in a one-man firm owned by the said person (Section 218 (1)).  Legal assistance may be provided by anyone to the extent that it is necessary to provide good and complete assistance by another profession. A legal licence is required for litigation.

Local nationality is not a requirement for the practice of law. 

Section 231 of the Act provides for the legal forms in which lawyers can work: “[t]he legal practice of advokater may only be organised as a one-man firm owned by the advokat, or as a company in accordance with the provisions below, unless something else follows from legislation. […].In companies which carry on legal practice, only persons who exercise a significant part of their professional activities in the service of the company may own shares or hold office as directors or deputy directors. Shares in companies which carry on legal practice may also be owned by a parent company, provided that all shares of the parent company are owned by persons who, exercise a substantial part of their professional activities in the service of the parent company, and that the parent company conforms to the provisions of the fourth to sixth paragraphs below” ([“the company may only engage in affairs which are reasonably connected with the legal practice as advokater”] and [“if the conditions for owning shares are no longer fulfilled by a person or a company that owns a share of a company which carries on legal practice, the share must be disposed of within two years”]).

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

Rules of conduct for advokater are set out in Chapter 12 of the Regulations for Advokater. The rules have been sanctioned by the King and have the effect of regulations, cf. § 224, second paragraph, of the Courts of Law Act. They apply to all advokater (membership of the Bar is not mandatory but, in practice, 91% of local lawyers are members).

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

There is no mention in the Courts of Justice Act of any need for law firms to be licensed separately to practice law but advokater must provide the Supervisory Council with their office address and report if they wind up their practice.

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

The Supervisory Counsel for Legal Practice (“Tilsynsrådet”) issues licences to advokater and others giving legal advice. It is also competent to revoke licences on the basis of Section 230 of the Act.

Is the jurisdiction a member of the WTO?

Norway joined the WTO on 1 January 1995.

Has it made any commitments under GATS in legal services?

Norway has made full commitments in modes 1 and 2 for foreign law (under CPC 861). It has qualified its commitments on establishment with the following comment: “the advocate is personally responsible for his activities. To have an interest (own shares and/or be a member of the board of the firm) in a firm of Norwegian advocates is only possible when taking active part in the business”. It has also made clear in its GATS schedule that: “Foreign advocates can give advice on foreign law and international law after application (to the Supervisory Council). Some restrictions (exist) on co-operation with Norwegian advocates as a consequence of legislation on how a firm of Norwegian advocates may be organized”.

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

Norway is a member of the European Free Trade Area (EFTA) and as such is part of the European Economic Area (EEA). It therefore offers special treatment to individuals and businesses from the EU, Iceland and Liechtenstein.

The EEA contains extensive coverage of legal services and permits lawyers from any of the EEA countries to establish and practice in each other's countries. In its capacity as a member of EFTA, Norway has numerous bilateral agreements but only the FTA with Korea includes legal services. EFTA is also currently negotiating FTAs with Algeria, India, Indonesia, Malaysia, Russia, Belarus and Kazakhstan, Thailand 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 Norwegian as well as foreign and international law and can requalify as a Norwegian advokat.  Foreign lawyers from outside the EU, EFTA or Switzerland are more restricted in their scope of practice and may not requalify.

There are no foreign law firms established in Norway although law firm partnerships which belong to the legal arms of the major accounting firms (PWC, Deloitte, KPMG and Ernst and Young) are all prominent in the market.

Rules about temporary practice for foreign lawyers are laid down in Section 10-10 of the Regulations. Foreign lawyers may be required by government authorities or courts to provide evidence of their right to practise as a foreign lawyer and are bound by the Norwegian code of conduct for lawyers (as set out in chapter 12 of the Regulations). EEA lawyers are bound instead by the CCBE cross border code of conduct.

Norway 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.

If lawyers from countries outside the EEA wish to provide legal assistance on a permanent basis in Norway, they have to acquire a licence from the Supervisory Council for Legal Practice in order to be able to "provide legal assistance in foreign and international law".  They must provide security, make a financial contribution to the Supervisory Council for Legal Practice and to the Disciplinary Council for Advocates, and provide a declaration from a registered public accountant. EEA lawyers covered by Directive 98/5/EC must register with the Supervisory Council for Legal Practice with proof that they are qualified in their home jurisdiction before being allowed to establish permanently and they are then permitted to practise foreign, international and Norwegian law.

A foreign lawyer who provides legal assistance in Norway shall use his professional title in the language or one of the languages of his jurisdiction of origin, with an indication of the professional organisation to which he belongs, or the courts of law before which he is entitled to appear. Foreign lawyers from outside the EEA will need to provide the required security and abide by the rules of good professional conduct for advokater as set out in Chapter 12 of the regulations.

No prior conditions, other than qualification in a foreign lawyer's home jurisdiction and evidence of good conduct are mentioned in the regulations.

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

An EEA lawyer may appear in court. According to  Paragraph10-4 of the Regulations, In cases when the counsel or defence attorney is required to appear before the Supreme Court, an EEA lawyer must appear jointly with a Norwegian advocate entitled to appear before the Supreme Court. These rules also provide that in other special instances, the court may stipulate as a condition for accepting that a foreign advocate may appear as counsel or defence attorney that the advocate shall appear jointly with a Norwegian advocate.

Can foreign lawyers requalify as local lawyers?

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

Licences are not required for law firms.

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

No

No

According to § 231 of the Courts of Justice Act, only those who are actively practising in the law firm or who conduct the majority of their activity from the firm may be directors or hold shares in it.

Yes

Yes, subject to the requirement that the foreign lawyer practices actively in the firm

Yes

Other useful sources or comments or links

See also, the Norwegian Bar Association website: http://www.jus.no/