19th-century painting of lawyers, by French artist Honoré Daumier
A European lawyer, beyond the self-evident definition of 'a lawyer in Europe', also refers to a specific definition introduced by the UK's European Communities (Services of Lawyers) Order 1978, which permits lawyers from other EU member states to practice law within the UK, in accordance with EU directive 77/249/EEC.
The order contains a list of countries of origin and the designations which the order applies to for example a professional "entitled to pursue his professional activities"[2] such as an "advokat" in Finland, may practice Europe-wide as a "European lawyer".
The order also imposes temporary limitations on the types of legal work which may be carried out by such persons. Lawyers from other European countries practicing in the UK must be associated with appropriate co-counsel and upon demand by a competent authority they must verify their status.[2]
After a possible temporary limitation such as the aforementioned, EU lawyers may acquire and use the title of the country they reside and work in, usually after three years of practice under the title of origin (and possible restrictions) or after an examination that confirms equivalence. The choice is up to the professional, not the bar or country.
Professions Applicable to EU Order
The full list of professions to whom the title 'European Lawyer' is applicable follows;
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialize in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, researching the law and giving legal opinions.
A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters.
An advocate is a professional in the field of law. Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, in Scottish, Manx, South African, Italian, French, Spanish, Portuguese, Scandinavian, Polish, Israeli, South Asian and South American jurisdictions, "advocate" indicates a lawyer of superior classification.
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister, solicitor, or civil law notary. However, there is a substantial amount of overlap between the practice of law and various other professions where clients are represented by agents. These professions include real estate, banking, accounting, and insurance. Moreover, a growing number of legal document assistants (LDAs) are offering services which have traditionally been offered only by lawyers and their employee paralegals. Many documents may now be created by computer-assisted drafting libraries, where the clients are asked a series of questions that are posed by the software in order to construct the legal documents. In addition, regulatory consulting firms also provide advisory services on regulatory compliance that were traditionally provided exclusively by law firms.
A King's Counsel is a senior lawyer appointed by the monarch of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarch is a woman, the title is Queen's Counsel (QC).
Pro bono publico, usually shortened to pro bono, is a Latin phrase for professional work undertaken voluntarily and without payment. The term traditionally referred to provision of legal services by legal professionals for people who are unable to afford them. More recently, the term is used to describe specialist services provided by any professional free of charge to an individual or community.
A bar association is a professional association of lawyers as generally organized in countries following the Anglo-American types of jurisprudence. The word bar is derived from the old English/European custom of using a physical railing to separate the area in which court business is done from the viewing area for the general public.
A paralegal, also known as a legal assistant, or paralegal specialist is a legal professional who performs tasks that require knowledge of legal concepts but not the full expertise of a lawyer with an admission to practice law. The market for paralegals is broad, including consultancies, companies that have legal departments or that perform legislative and regulatory compliance activities in areas such as environment, labor, intellectual property, zoning, and tax. Legal offices and public bodies also have many paralegals in support activities using other titles outside of the standard titles used in the profession. There is a diverse array of work experiences attainable within the paralegal field, ranging between internship, entry-level, associate, junior, mid-senior, and senior level positions.
In law, the bar is the legal profession as an institution. The term is a metonym for the line that separates the parts of a courtroom reserved for spectators and those reserved for participants in a trial such as lawyers.
Legal ethics are principles of conduct that members of the legal profession are expected to observe in their practice. They are an outgrowth of the development of the legal profession itself.
A bar examination is an examination administered by the bar association of a jurisdiction that a lawyer must pass in order to be admitted to the bar of that jurisdiction.
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other matters in which legal advice and other assistance are sought.
European Union citizenship is afforded to all nationals of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU citizenship is additional to, as it does not replace, national citizenship. It affords EU citizens with rights, freedoms and legal protections available under EU law.
In Poland, any person holding a Magister's degree in law is called a "jurist" or "lawyer". According to Polish legal doctrine, a lawyer should be understood as a person who graduated from law school with the aforementioned degree, even if such a person does not practice law after graduation.
Of counsel is the title of an attorney in the legal profession of the United States who often has a relationship with a law firm or an organization but is neither an associate nor partner. Some firms use titles such as "counsel", "special counsel", and "senior counsel" for the same concept. According to American Bar Association Formal Opinion 90-357, the term "of counsel" is used to describe a "close, personal, continuous, and regular relationship" between the firm and counsel lawyer. In large law firms, the title generally denotes a lawyer with the experience of a partner, but who does not carry the same workload or business development responsibility.
An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are distinct practising certificates.
The Law Society of Singapore is an organisation which represents all lawyers in Singapore. The Law Society of Singapore is a law society and is analogous to what is called a Bar Association in many countries and should not be confused with the Singapore Academy of Law.
Caselex is a unique legal information service opening up national case law and other important decisions with a European connotation to legal professions. It was a legaltech before the term even existed. As such it has contributed to the Europeanisation of law. Relying on a network of editors throughout Europe, Caselex systematically summarizes in English case law and other decisions that have a cross border value to legal professionals. The service consists of the Caselex Market Definitions Module and several Case Law Modules.
The Council of Bars and Law Societies of Europe (CCBE) is an association gathering together bar associations of 32 countries in Europe (those of the European Union, of the European Economic Area and of Switzerland), The United Kingdom, and an additional eleven associate and observer members. The CCBE represents around a million European lawyers before EU institutions mainly, but also before other international organisations. The CCBE is an international non-profit organisation (AISBL) under Belgian law and has its seat in Brussels.
The admission to legal practice in Spain is the legal prerequisites that must be followed in Spain for the admission to practice law, for receiving a license to practice law.
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