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Is there legislation governing the legal sector |
LOUISIANA REVISED STATUTES TITLE 37. PROFESSIONS AND OCCUPATIONS CHAPTER 4. ATTORNEYS; Article V, Section V of the Louisiana Constitution grants authority to the Louisiana Supreme Court to regulate the practice of law. Generally, see Supreme Court Rule XVII, XVIII, and XIX. |
Under what title do lawyers practise? |
Attorney at law |
How does an individual lawyer obtain a "licence" to practise law? How often must this be renewed? |
An individual must have an LLB or JD from an ABA approved law school, satisfy character and fitness to practice requirements, and have passed the bar exam. A Louisiana law license remains in effect for the life of the lawyer contingent upon annual registration requirements, and unless removed by disciplinary order of the Supreme Court, or resignation. |
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 |
This only automatically entitles the holder to practise in Louisiana. The right to practise on a temporary basis in another state or to appear pro hac vice in another state depends on the explicit permission of that state. |
Are there certain activities that are "reserved" to those who are licensed to practise law in the jurisdiction?
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"LOUISIANA REVISED STATUTES TITLE 37. PROFESSIONS AND OCCUPATIONS CHAPTER 4. ATTORNEYS § 212. |
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) |
A lawyer may practise as a sole practitioner, in a general or limited liability partnership, in a limited liability company; additionally lawyers may practice in governmental agencies. Fee sharing with non-lawyers is prohibited. |
What other ethical or regulatory requirements must a licensed lawyer comply with? |
The Louisiana Rules of Professional Conduct which are modelled on the ABA Model Rules (see:http://www.ladb.org/Publications/ropc.pdf) |
Do law firms need to receive a "license" (or permission/approval) to practice law? |
Not from the Court but may be subject to other notification and registration requirements depending on the form taken (e.g. limited liability company) and the local State code. |
Which authority issues licences? Are there different authorities for individuals and firms? |
Licences are issued by the Louisiana Supreme Court http://www.ladb.org/; Law licenses are only issued to individuals. |
Is the jurisdiction a member of the WTO? |
The US joined the WTO on 1 January 1995 |
Has it made any commitments under GATS in legal services? |
Under the WTO commitments of the USA, an individual practising 'as or through' a lawyer qualified in Alabama may provide legal services in modes 1-3 |
Is the jurisdiction party to bilateral agreements which offer special treatment to businesses or individuals from particular countries? |
The US has bilateral agreements with: the Dominican Republic - Central America (CAFTA), Korea, North American Free Trade Agreement (NAFTA), Australia, Bahrain, Chile, Colombia, Israel, Jordan, Morocco, Oman, Panama, Peru and Singapore. It is currently negotiating new agreements with the EU (TTIP) and the Trans-Pacific Partnership. |
Do these currently include legal services or are there plans to include them in future? |
The NAFTA agreement calls for future negotiations on MRAs amongst the legal professions and lawyers are included in the professional visa programme. |
Are foreign lawyers from different jurisdictions treated differently as a result of any such agreements? |
NAFTA lawyers have access to the professional visa program |
Are there any 'foreign law' firms present in this jurisdiction? |
The only "foreign" firm present in Louisiana is Dentons which is established under the US arm of its Swiss verein. |
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? |
Foreign lawyers are not permitted to provide fly-in fly-out services, this is only permitted to lawyers from other US states (see Professional Conduct rule 5.5 on Unauthorized Practice of Law; see also Supreme Court Rule XVII, Section 17). |
Can a foreign lawyer obtain a visa to visit clients or to market but not to practice?
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Under the WTO commitments of the USA, an individual wishing to practise law on a fly in fly out basis in Alabama would need to be fully admitted to the Alabama Bar or to the Bar of another US State. 'Service salespersons' are permitted to enter the USA for periods of up to 90 days. "Service salespersons" are "persons not based in the territory of the United States and receiving no remuneration from a source located within the United States, who are engaged in activities related to representing a services supplier for the purpose of negotiating for the sale of the services of that supplier where: a) such sales are not directly made to the general public and b) the salesperson is not engaged in supplying the service" Entry for persons named in this section is limited to a ninety-day period. |
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? |
A foreign lawyer can obtain a limited licence entitling them to offer advisory services in foreign and international law (i.e. become a foreign legal consultant). The relevant legislation is the Louisiana Revised Statutes Title 37: Professions and Occupations (REFS and ANNOS), Chapter 4 Appendix. See Article XIV, Section 11 et al, Articles of Incorporation, State Bar of Louisiana; general requirements include that the Supreme Court of Louisiana may license a person to practise as a consultant of foreign law, without examination, if the person is a member in good standing of the profession in a foreign country, has five years of continuous practice or has been a full-time professor for at least five years, and possesses other requirements. As to scope of practice, a person may render opinions on the law of the foreign jurisdiction or jurisdictions authorised by the Supreme Court, however, they may not appear in court, render advice on the law of a State of the United States, hold themselves out as a member of the Louisiana Bar, and must use the designation 'licensed consultant of the law of [name the foreign country]'. |
Are there any conditions that must be fulfilled once a foreign lawyer has been granted a limited licence (e.g. residency requirement) |
An FLC must be in good standing with his/her home bar and use the title of FLC |
Are there any conditions that must be fulfilled for a foreign lawyer to qualify for a limited licence? (e.g. prior practice) |
Licensure as a foreign legal consultant requires 5 years of practice and a certificate of good standing from the lawyer's home bar. |
Are foreign lawyers permitted to undertake arbitration and mediation? |
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Are foreign lawyers allowed to appear in court under any circumstances?
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La Sup. Ct. Rule XVII. Admission to the Bar of the State of Louisiana, Section 13. Pro |
Can foreign lawyers requalify as local lawyers?
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A foreign lawyer can obtain a full licence to practise law in this jurisdiction. The relevant legislation is Louisiana Supreme Court Rule XVII, which governs admission to practise in Louisiana. The relevant rule is available online at www.lasc.org/rules/supreme/rulexvii.asp. In order to obtain a full licence to practise law in this jurisdiction, foreign lawyers may seek admission by obtaining an equivalency determination that his or her foreign education is equivalent to that offered at an ABA accredited law school. The foreign trained lawyer must then meet all requirements placed on applicants educated in the United States and complete 14 hours of study at an ABA accredited law school. |
Can a foreign law firm obtain a licence to open an office? |
There are no separate requirements on law firms. An FLC is permitted to open an office. |
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 |
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? |
No |
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? | No |
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? | Not applicable |
What entity grants a 'license' to a foreign law firm? If that entity is on the Internet, please provide the URL | Not applicable |
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? |
Yes |
Can a domestic lawyer or domestic law firm employ a foreign lawyer? |
Yes |
Other useful sources or comments or links |
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Verified by |
Louisiana Attorney Disciplinary Board (February 2014) |