USA - Massachusetts International Trade in Legal Services

Is there legislation governing the legal sector

MASSACHUSSETTS GENERAL LAWS - PART III - COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES, CHAPTER 221m - CLERKS, ATTORNEYS AND OTHER OFFICERS OF JUDICIAL COURTS

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 a bachelor’s degree and a J.D. from a law school approved by the American Bar Association or authorized by Massachusetts statute to grant the degree of Juris Doctor, passed the Multistate Professional Responsibility Examination, satisfied character and fitness to practice requirements, and have passed the Massachusetts bar exam.  A Massachusetts license to practice law must be renewed on an annual basis

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 Massachusetts. 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?

Massachusetts Conveyancers Ass'n, Inc. v. Colonial Title & Escrow, Inc., 2001 WL 669280 (Mass.Super. 2001)
Whether a particular activity constitutes the practice of law is fact specific. Matter of Shoe Manufacturers Protective Association, 295 Mass. 369, 372 (1936). While a comprehensive definition would be impossible to frame what constitutes ""the practice of law"", in general, consists of:
""[D]irecting and managing the enforcement of legal claims and the establishment of the legal rights of others, where it is necessary to form and to act upon opinions as to what those rights are and as to the legal methods which must be adopted to enforce them, the practice of giving or furnishing legal advice as to such rights and methods and the practice, as an occupation, of drafting documents by which such rights are created, modified, surrendered or secured ...""
Id.

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

Local nationality is not required for Massachusetts licensure to practice law.

A lawyer may practise as a sole practitioner, in a general or limited liability partnership. Fee sharing with non-lawyers is prohibited.

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

The Massachusetts code of professional conduct which is modelled on the ABA model code (see:http://www.mass.gov/obcbbo/rpcnet.htm)

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 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 State courts: http://www.mass.gov/obcbbo/

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 Massachussetts 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.

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

The only "foreign" firms present in Massachussetts are DLA Piper and Dentons which are established under the US arms of their Swiss vereins.

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)

Can a foreign lawyer obtain a visa to visit clients or to market but not to practice?

Under the WTO commitments of the USA, an individual wishing to practise law on a fly in fly out basis in Massachusetts would need to be fully admitted to the Massachusetts 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).Ethical Requirements and Rules Concerning the Practice of Law of the Supreme Judicial Court of Massachusetts, Rule 3:05.  This is available online at http://socialaw.gvpi.net/sll/lpext.dll/sll/rules?f=tmplates&fn=main-h.htm.   A limited licence allows a foreign lawyer to give advice on the law of his or her home jurisdiction subject to certain limitations.  In order to offer advisory services in foreign and international law, a foreign legal consultant is not required to but may enter a commercial association with local lawyers.

In-state or US residency is required for licensure as a US lawyer in: Hawaii, Iowa, Kansas, Massachusetts, Michigan, Minnesota (or maintain an office in Minnesota), Mississippi, Nebraska, New Jersey, New Hampshire, Oklahoma, Rhode Island, South Dakota, Vermont, Virginia, Wyoming.

Licensure is subject to the registration requirements: the applicant must be a member in good standing with a recognised legal profession in his or her home country with five years of experience, good moral character, and an intention to open an office in Massachusetts for purposes of rendering advice on law of his or her home country

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

Chapter 221 of the General Laws of Massachusetts, § 46A. Practice of law; persons authorized.http://www.state.ma.us/legis/laws/mgl/221%2D46a.htm

Can foreign lawyers requalify as local lawyers?

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

Not applicable

No

Not applicable

Not applicable

Yes

Yes

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