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Paraguay International Trade in Legal Services
Paraguay International Trade in Legal Services
HOME COUNTRY LICENSING QUESTIONS
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Is there legislation governing the legal sector |
Decree No. 17.296 of March 2, 1943 |
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Under what title do lawyers practise? |
Abogado |
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How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed?
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Under Article 6 of the Statute of the Colegio de Abogado, in order to be a practising lawyer, an individual must meet the following requirements: a) hold a qualification and be registered for the exercise of the profession, b) not hold an incompatible public office; c) not be affected by incompatibilities or disabilities that prevent the exercise of the profession, d) be of good character and e) be current in the payment of membership fees. |
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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 practise is a single licence but Paraguayan abogados can only be registered in one city |
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Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction? |
Only Paraguayan lawyers have rights of audience in court and can provide advice on Paraguayan law. |
| Do you need to hold local nationality to be eligible to practise law? |
No |
| What legal forms can lawyers work in? (e.g. self employment, partnership, limited liability partnership, multi-disciplinary partnership, incorporation) |
Lawyers may work as sole practitioners or in partnerships |
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What other ethical or regulatory requirements must a licensed lawyer comply with? |
The Colegio has promulgated a code of ethics |
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Do law firms need to receive a "license" (or permission/approval) to practice law? |
There is no law firm licensing regime |
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Which authority issues licences? Are there different authorities for individuals and firms? |
The Supreme Court of Justice |
GENERAL TRADE IN LEGAL SERVICES QUESTIONS
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Is the jurisdiction a member of the WTO? |
Paraguay joined the WTO on 1 January 1995 |
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Has it made any commitments under GATS in legal services? |
Paraguay has made no commitments on legal services under the GATS |
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Is the jurisdiction party to bilateral agreements which offer special treatment to businesses or individuals from particular countries? |
Paraguay is party to the Mercosur agreement with India. This only covers trade in goods.
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| Do these currently include legal services or are there plans to include them in future? |
No |
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Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements? |
No
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| Are there any 'foreign law' firms present in this jurisdiction? |
The Uruguayan firm Ferrere has an office in Paraguay which is staffed entirely by Paraguayan qualified lawyers. |
INDIVIDUAL FOREIGN LAWYERS
| Are there any explicit rules or restrictions other than visas on fly in fly out practice of law? Ie. Do you need to obtain a licence for temporary practice? |
There is no requirement to register for activities permitted on a fly-in, fly out basis. |
| Can a foreign lawyer obtain a visa to visit clients or to market but not to practice? |
Lawyers may obtain business visas to enter Paraguay for business purposes but must not earn money in Paraguay. |
| Can a foreign lawyer obtain a licence to establish and practise as a foreign legal consultant and what is the scope of this limited licence? |
There is no foreign legal consultant licensing regime. The practice of law is not regulated outside of the courts. |
| Are there any conditions that must be fulfilled once a foreign lawyer has been granted a limited licence (e.g. residency requirement) |
Not applicable |
| Are there any conditions that must be fulfilled for a foreign lawyer to qualify for a limited licence? (e.g. prior practice) |
Not applicable |
| Are foreign lawyers permitted to undertake arbitration and mediation? | Paraguay's arbitration law is modelled on UNCITRAL and does not require arbitrators to be nationals nor to be lawyers. |
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Are foreign lawyers allowed to appear in court under any circumstances? |
No |
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Can foreign lawyers requalify as local lawyers? |
No |
FOREIGN LAW FIRMS
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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. |
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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) |
Paraguay has a liberal regime for foreign investment and a foreign company may establish as a branch of a foreign organisation or as a local commercial company or partnership.
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| Are there different types of foreign law firm 'licence' (e.g. Joint Law Venture, stand alone foreign licence etc) |
Not applicable |
| Is there a quota on the number of licences available? |
Not applicable |
| Are there geographical restrictions on foreign firm licences or on the number of branches a foreign firm can have? |
Not applicable |
| Are there "scope of practice" rules that apply directly to foreign law firms (as opposed to lawyers themselves)? (e.g. home, host, international law), if so, what are they? | There are no rules governing the practice of law outside the courts. |
| Are there restrictions on the corporate form a foreign law firm can take? | Not applicable |
| Are there rules about the name a foreign law firm can take? | There are no specific rules relating to the use of names by law firms apart from compliance with the general legislation on company names. |
| What entity grants a 'license' to a foreign law firm? If that entity is on the Internet, please provide the URL | Not applicable |
EMPLOYMENT AND PARTNERSHIP
| Are there restrictions on the ownership share of foreign lawyers in a law firm? |
Not applicable |
| May a domestic lawyer be employed by a foreign lawyer or law firm? |
Not applicable |
| Can a domestic lawyer enter into partnership with a foreign lawyer? |
No |
| Can a domestic lawyer or domestic law firm employ a foreign lawyer? |
Yes although the foreign lawyer would not be regarded as a lawyer and would have no right to appear before the Paraguayan courts. Outside of the courts, the general practice of law is not restricted. |
OTHER USEFUL LINKS/SOURCES
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Other useful sources or comments or links |
Colegio de abogados del Paraguay: http://www.colegiodeabogados.org.py/ |