United Kingdom (Scotland) International Trade in Legal Services

Is there legislation governing the legal sector

Solicitors (Scotland) Act 1980, Council of the Law Society of Scotland Act 2003, The Legal Profession and Legal Aid (Scotland) Act 2010, Legal Services (Scotland) Act 2010

Under what title do lawyers practise?

Solicitor or advocate

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

Solicitor -  In order to become licensed as a solicitor in Scotland a candidate will usually undertake the following: 1) The LLB degree in Scots Law (which can be studied at 10 universities in Scotland); 2) The Diploma in Professional Legal Practice (the Diploma) (which can be undertaken at six universities in Scotland); 3) A two year traineeship in a solicitor's practice.
Advocate - In order to become an advocate an individual must have 1) completed a LLB degree at a Scottish University or have completed a post graduate Diploma in Legal Practice 2) Have undertaken  the 21 month training requirement in a solicitor's practice 3) Have passed the Faculty of Advocates' examination 4) Have completed the required period of pupillage/devilling to train as an advocate.

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 United Kingdom is made up of three separate jurisdictions: England and Wales, Scotland and Northern Ireland and lawyers must be licensed separately for each jurisdiction.

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

Activities that are reserved by statute to Scottish qualified solicitors (S32 of the Solicitors (Scotland) Act 1980) include: Conveyancing of land and/or buildings; litigation (civil or criminal); and obtaining confirmation in favour of executors (the Scottish equivalent of probate). Scottish solicitors also have rights of audience in most courts. Advocates have rights of audience in the Court of Session and the High Court of Justiciary (the supreme criminal Courts of Scotland), and in the other Courts (such as the Lands Valuation Appeal Court) whose judges are Senators of the College of Justice.

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

No

Solicitors may work as sole practitioners, as members or directors of incorporated practices which may either be companies or limited liability partnerships; or as a member of a multi-national practice. From mid-2013, solicitors will also be able to work in Scottish Alternative Business Structures.  Advocates may only be self-employed.

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

Law Society of Scotland Rules and Guidance, available at http://www.lawscot.org.uk/rules-and-guidance

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

Solicitors must notify the Law Society when setting up a new practice and must comply with rules relating to accounts, guarantee fund and indemnity insurance. Firms which take the form of incorporated practices or multi-national practices require prior approval by the Council of the Law Society.

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

Law Society of Scotland licences and regulates solicitors in Scotland - www.lawscot.org.uk; The Faculty of Advocates licences advocates www.advocates.org.uk

Is the jurisdiction a member of the WTO?

The United Kingdom joined the WTO on 1 January 1995

Has it made any commitments under GATS in legal services?

The UK has signed up to the European Union's GATS commitment of no restrictions in modes 1-3 for home country and international law. It has also committed to permit presence for natural persons where individuals possess a university degree and professional qualifications and three years' professional experience in the sector.

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, the UK extends special treatment to individuals and businesses from other EEA states (EU plus Norway, Iceland and Liechenstein). The UK 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.   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 and 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 Scots law as well as foreign and international law and can requalify as a Scottish solicitor or advocate.  Foreign lawyers from other countries may practice without restriction in unreserved areas and requalification is handled on a case by case basis on application to the Registrar of the Law Society. 

Foreign firms are represented in Scotland by the branch offices of a number of international firms based in London.

There are no explicit rules or limitations on temporary practice outside of the reserved areas of work.

Foreign lawyers may obtain a visa to visit clients but may also obtain special 'permitted paid employment' visas which are valid for up to one month without the need to obtain a work permit. 

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 requirement for a foreign lawyer to obtain a licence to practice as a foreign legal consultant in Scotland. The only licensing requirements are on EEA lawyers (who must become Registered European Lawyers - a status which entitles them to practise in the areas reserved to Scottish solicitors and advocates.  Non-EEA foreign lawyers do not need to register with the Law Society unless they wish to become partners in multinational practices.

Registered European Lawyer status is only required of EEA or Swiss lawyers resident in Scotland.

European Lawyers must demonstrate that they have complied with the Law Society's requirements on insurance and the guarantee fund before they can be registered. There are no other prior conditions on other (unregistered) foreign lawyers wishing to practise in Scotland.

Yes

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

EEA and Swiss lawyers may appear in Scottish courts if introduced by a Scots lawyer. 

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 law in Scotland, provided they are not practising reserved areas of work and are not fee sharing with Scottish solicitors or advocates.  Foreign law firms who do wish to have Scottish solicitor partners and practise reserved areas of work need to obtain authorisation from the Law Society of Scotland as a Multi-National Partnership.

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)

There are no separate foreign law firms licences but if it chose to practise in reserved areas, a foreign law firm could establish either as a recognised body or as an alternative business structure.

No

There is no limit on the number of branches a foreign firm may have in the UK but if it wishes to practise reserved areas of work, separate authorisation would be required in England and Wales, Scotland and Northern Ireland, and different requirements and rules would apply.

No

An advocate may not be in partnership with, or be employed by  a solicitor or other professional person entitled to instruct Counsel directly on behalf of clients in Scotland or elsewhere.

Solicitors may enter partnership with foreign lawyers who are from foreign legal professions that are 'so regulated as to make it appropriate for the applicant to be registered for the relevant purpose'. (Law Society of Scotland Rule D.7.3.1). Advocates are not permitted to form partnerships.

Yes

Other useful sources or comments or links

For Law Society of Scotland: www.lawscot.org.uk; For Faculty of Advocates: www.advocates.org.uk/