Spain International Trade in Legal Services

Is there legislation governing the legal sector

Organic Law 6 /1985 of 1 July, the Judicial Branch. Title II: Lawyers and Attorneys, Royal Decree 658/2001 of 22 June, which approves the General Statute of the Spanish Bar, Law 34/2006 of October 30, on access to the professions of lawyer or solicitor of the Courts. Royal Decree 775/2011 of 3 June, which approves the Regulations of Law 34/2006, of October 30, on access to the professions of lawyer or solicitor of the Courts.

Under what title do lawyers practise?

Licenciado/Abogado or Licenciada/Abogada

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

In Spain, a lawyer must be a member of a local bar association and in order to register with the bar a candidate must possess a graduate law degree, the Titulo de Licenciado en Derecho, which requires five years of study.

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

Spanish lawyers register with their local bar association but have the right to practise throughout the country.

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

Spanish legislation provides that lawyers have the exclusive right to practise the Legal Profession before any Court, administrative body, association, corporation or public entity.

Do you need to hold local nationality to be eligible to practise law?

No

A lawyer can practise as a sole practitioner, or as an employee, or in any legal form, including as a company. The Civil Law Company is the most common form.

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

The Code of Conduct of the Spanish Bar was promulgated by the General Council of the Spanish Bar and was approved by the Real Decreto 658/2001, 22 June 2001

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

Lawyers must register their office addresses with their local bar. If they establish an association, then the agreement between the lawyers must be lodged with the Bar. The local bars also maintain registers of any multi professional businesses that involve lawyers.

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

Local bars are responsible for licensing lawyers. Links may be found from the Consejo General de la Abogacía Española (http://www.cgae.es)

Is the jurisdiction a member of the WTO?

Spain joined the WTO on 1 January 1995

Has it made any commitments under GATS in legal services?

Spain has signed up to the European Union's GATS commitment of modes 1-3 in home country and international law.

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, Spain extends special treatment to individuals and businesses from other EEA states (EU plus Norway, Iceland and Liechenstein). Spain 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.  Slovakia has specified in the EU-Korea FTA that full admission to the Bar is subject to a nationality condition.  The EU's other FTAs 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 Luxembourgish as well as foreign and international law and can requalify as a Luxembourg avocat.  Foreign lawyers from outside the EU,EFTA or Switzerland are more restricted in their scope of practice.

There are over 30 foreign law firms established in Spain from a range of countries including US, UK, Germany, France and Switzerland.

Lawyers from other EEA states may provide temporary services without needing to register with a local Bar in Spain. They will be subject to the Spanish code of conduct in their temporary practice. They may provide services in relation to home country law, EU law and international law.

Spain 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.

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?

Foreign lawyers may practise in Spain under their home country title in the law of their home country or public international law.  EEA lawyers may establish under their home title and additionally practise local law in association with a Spanish lawyer.

An EEA lawyer must register with the relevant local bar in Spain, practise under his home title and comply with the Spanish code of conduct.

An EEA lawyer must hold EEA nationality and an EEA legal qualification.

Under the Spanish Arbitration Act, parties are free to choose the arbitrators of their choice.

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

European Union/EFTA and Swiss lawyers may all appear in courts in Spain provided they are introduced by 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?

Foreign law firms do not require licences to open offices to practise their home country and international law in Spain unless they are from EEA member states.

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

There are no restrictions on the ownership share of EEA lawyers in a Spanish law firm.

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

A Spanish lawyer may enter partnership with an EEA lawyer.

Yes but only under their home title.

Other useful sources or comments or links

Consejo General de la Abogacía Española (General Council of the Spanish Bars): http://www.cgae.es/