USA - Washington International Trade in Legal Services

Is there legislation governing the legal sector

WASHINGTON COURT RULES PART I. Rules of General Application.  General Rules, and, Admission and Practice Rules.  (See, http://www.courts.wa.gov/court_rules/?fa=court_rules.state&group=ga)

Under what title do lawyers practise?

Lawyer; Attorney; Attorney at Law

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

An individual must satisfy character and fitness to practice requirements, and pass the bar exam.  An individual qualifies for the bar exam by:
(i) having a JD from an ABA approved law school;
(ii) having a JD from non-ABA approved law school and an LLM “for the practice of law” from an ABA approved law school; or
(iii) completing the APR 6 Law Clerk Program (apprenticeship)
There is no formal renewal, however, to maintain good standing, a lawyer must, among other things, pay an annual license fee and keep current on mandatory continuing legal education.
 

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 Washington. 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?

WASHINGTON COURT RULES PART I. RULES OF GENERAL APPLICATION GENERAL RULES, GR 24
Definition of the Practice of Law
(a) General Definition: The practice of law is the application of legal principles and judgment with regard to the circumstances or objectives of another entity or person(s) which require the knowledge and skill of a person trained in the law. This includes but is not limited to:
(1) Giving advice or counsel to others as to their legal rights or the legal rights or responsibilities of others for fees or other consideration.
(2) Selection, drafting, or completion of legal documents or agreements which affect the legal rights of an entity or person(s).
(3) Representation of another entity or person(s) in a court, or in a formal administrative adjudicative proceeding or other formal dispute resolution process or in an administrative adjudicative proceeding in which legal pleadings are filed or a record is established as the basis for judicial review.
(4) Negotiation of legal rights or responsibilities on behalf of another entity or person(s).
(b) Exceptions and Exclusions: Whether or not they constitute the practice of law, the following are permitted:
(1) Practicing law authorized by a limited license to practice pursuant to Admission to Practice Rules 8 (special admission for: a particular purpose or action; indigent representation; educational purposes; emeritus membership; house counsel), 9 (legal interns), 12 (limited practice for closing officers), or 14 (limited practice for foreign law consultants).
(2) Serving as a court house facilitator pursuant to court rule.
(3) Acting as a lay representative authorized by administrative agencies or tribunals.
(4) Serving in a neutral capacity as a mediator, arbitrator, conciliator, or facilitator.
(5) Participation in labour negotiations, arbitrations or conciliations arising under collective bargaining rights or agreements.
(6) Providing assistance to another to complete a form provided by a court for protection under RCW chapters 10.14 (harassment) or 26.50 (domestic violence prevention) when no fee is charged to do so.
(7) Acting as a legislative lobbyist.
(8) Sale of legal forms in any format.
(9) Activities which are pre-empted by Federal law.
(10) Such other activities that the Supreme Court has determined by published opinion do not constitute the unlicensed or unauthorized practice of law or that have been permitted under a regulatory system established by the Supreme Court.
(c) Non-lawyer Assistants: Nothing in this rule shall affect the ability of non-lawyer assistants to act under the supervision of a lawyer in compliance with Rule 5.3 of the Rules of Professional Conduct.
(d) General Information: Nothing in this rule shall affect the ability of a person or entity to provide information of a general nature about the law and legal procedures to members of the public.
(e) Governmental agencies: Nothing in this rule shall affect the ability of a governmental agency to carry out responsibilities provided by law.
(f) Professional Standards: Nothing in this rule shall be taken to define or affect standards for civil liability or professional responsibility.

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

No

A lawyer may practise as a sole practitioner, or as a partner, shareholders of a professional corporation, or member of a professional limited liability company or partnership, or an employee of any of those entities or as in-house counsel (Washington RPC 7.5, Additional Washington Comment 3). Fee sharing with non-lawyers is prohibited.

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

The Washington state Rules of Professional Conduct (RPC), modelled on the ABA model code (see,http://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=ga&set=RPC); Rules for the Enforcement of Lawyer Conduct (ELC) (see, http://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=ga&set=ELC); and the Admission and Practice Rules (APR) (seehttp://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=ga&set=APR).

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

Not from the Court (Washington licenses individuals only, not law firms) 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 Washington Supreme Court through the Washington State Bar Association (WSBA), see, http://www.wsba.org/Licensing-and-Lawyer-Conduct

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?

The USA has scheduled commitments for Washington in modes 1, 2 and 3 for the practice of home country law and international law to the extent it is incorporated in home country law. 

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" firm present in Washington State is DLA Piper which is established under the US arm of its Swiss verein. Note: The Washington Supreme Court and the WSBA do not license law firms or track the status of law firms as to whether they are foreign or U.S.  Washington does license foreign law consultants who are permitted to advise only regarding the law of the foreign country in which they are licensed.

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 Washington would need to be fully admitted to the Washington 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?

Yes - A foreign lawyer can obtain a licence to become a foreign law consultant (see http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=ga&set=APR&ruleid=gaapr14). The scope of practice permitted to Foreign Law Consultants is: Practice of home country law and international law to the extent that it is incorporated in home-country law. The practice of 3rd-country law and US/State law is not permitted.

FLCs must be in good standing with their home bar, abide by the State code of conduct and comply with annual licensing requirements in APR 14.

Licensure is subject to meeting the requirements of registration, an experience requirement (5 of the 7 years preceding registration must have been spent practising law), providing certification of registration and good standing with home-country bar, and agreeing to be bound by the discipline rules for lawyers and the Rules of Professional Conduct.

Yes, see General Rule 24, Definition of the Practice of Law.

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

No

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

Yes; but the employing foreign lawyer or law firm may not engage in the practice of law in Washington unless the employing foreign lawyer is also licensed to practice in Washington 

Yes, see answer above

Yes, see answer above

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