Australia
Trends in Other Jurisdictions Towards Permitting the Integration of Domestic and Foreign Lawyers
The New South Wales Law Society is attempting to establish Sydney as a regional centre for international law practice. Foreign law firms can set up on their own or in conjunction with local practices. In addition, other arrangements are possible that are the effective equivalent of partnerships.
United States of America
In some jurisdictions in the United States, foreign lawyers not admitted to practise may nevertheless provide legal advice concerning the law of their home country either in the office of a US firm or in their own office. Such lawyers may be affiliated to US law firms, or, in some jurisdictions they may open their own offices.
New York and California permit foreign firms to open US offices and hire US lawyers in certain circumstances. The District of Columbia is currently considering changes which may enable foreign firms to open offices and hire US employees.
Europe
There is a clear movement towards liberalization in Europe.
The Law Society in England published a paper on Multi-National Partnerships in
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Spring 1988 and this has been well received both by members of the Law Society and others.
In Paris, foreign law firms are generally permitted to employ or take into partnership a locally qualified lawyer but the French partner must sign opinions or letters advising on French law.
In the Netherlands, any foreign lawyer can establish himself and practise as a lawyer but cannot represent clients in certain courts. Mixed associations of Dutch and foreign lawyers are allowed so long as the foreign lawyers are recognised by a foreign bar association which has been recognised by the Netherlands Bar Council.
In Italy, the only restriction placed upon foreign lawyers is that they must pass local examinations before they are allowed to plead cases in court. Otherwise they may enter freely into partnership with local lawyers, take employment with them and share fees. They may also employ or take into partnership a local lawyer.
The Council of Bars of the European Community are discussing a directive in relation to the recognition of professional qualifications of lawyers from Member States.
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