European Women Lawyers Association Congress Sevilla, June 1-3, 2001

1. European Women Lawyers Association Congress Sevilla, June 1-3, 2001 Panel I: Practicing Law Abroad in Europe

2. Dr. Antje Luke Rechtsanwältin HAARMANN HEMMELRATH 23, rue Balzac 75008 Paris

3. I. General remarks • Distinction between: • lawyer with foreign nationality but having studied in host Member State and practicing under the title of the host country • foreign lawyer having studied in his home Member State, being registered as lawyer in his home State and practicing only in this right • foreigner being registered in his home Member State but practicing in both legal systems/under both titles • situation for lawyers is different in the three cases as we will see below • short presentation of own case

4. II. Establishment of Foreign Lawyers 1. Situation in France: • Establishment Directive 98/5 of 16 February 1998 not yet implemented • implementation act is in preparation within the Ministry of Justice: Act will not be adapted before a certain period of time • in the meantime, ongoing discussion about direct application of directive: Paris Bar seems favorable to a “protective” direct application of directive (i.e. registration as foreign lawyer which means that the three year period for admission to French title begins to run); Conseil National des Barreaux more critical regarding this position • situation in France changed with the merger of the two legal professions (conseil juridique and avocat) in 1990, as before, foreign lawyers often practiced as conseil juridique

5. II. Establishment as Foreign Lawyer • present French law does not facilitate the establishment of foreign lawyers and their co-operation with French lawyers, i.e. foreign lawyer could not be self-employed but only work in salaried capacity or as stagiaire • this problem remains on the other hand a more theoretical one as in practice, the exercise is not hindered • always possible to pass the exam of aptitude

6. II. Establishment as Foreign Lawyer 2. Situation in Germany • Directive Implemented by Gesetz über die Tätigkeit europäischer Rechtsanwälte in Deutschland (Act about the practice of European Lawyers in Germany) of 9 March 2000 • practice as European lawyer under the original title • registration with the local bar; filing for registration with the Ministry of Justice of the Land • German rules of professional conduct applicable, according to directive • admission to the German title after three years • filing with the Ministry of Justice of the Land • submission of lists of the matters treated by the lawyer with details about their object in order to proof the “effective” activity in German law, European law included

7. II. Establishment as Foreign Lawyer • proof of regular activity • possibility of admission also without sufficient practice in German law if other means of proof, also exam of aptitude 3. Remaining difficulties of free movement • even after effective implementation different problems or obstacles to free movement remain • law remains to a large extend different in the Member States, • some issues as social security etc. still open

8. III. Practical Aspects and Cultural differences • general difficulties one can encounter going abroad: • not easy to find co-operation in law firm as foreign (German) lawyer but positive development • language • forensic practice difficult to exercise • certain “isolation”: difficult to get relevant literature, therefor advantage of bigger law firm • possibilities of career not always the same for home-country lawyers and foreign lawyers • difference between short time of exercise and exercise on the long run

9. III. Practical Aspects and Cultural differences • positive sides • interesting to get to know another legal system • easier to work for clients of host country, because one gets better to know to the legal system they know • opportunity to improve language • can be positive for career, e.g. to open an office for a law firm in foreign country • work experience abroad can help finding work in the home country

10. III. Practical Aspects and Cultural differences • various aspects of cultural differences which makes work abroad difficult but also interesting, in case case different than work in home country • concept of the profession and professional rules • style of writing and working • way of organisation of work and of law firm, hierarchical structure • importance of titles and qualifications, different professional education, makes it also difficult to evaluate people for employment • length of studies, age • and of course differences in the legal system

11. IV. Particular Aspects for Women • main difference between women working in France and in Germany is the family planning because of better possibilities in France to work and having children • therefor more women working as lawyer than in Germany • studies in France are shorter and maybe help also women to reconcile work with family • in general, perhaps more women working abroad because of more interest for languages and also bigger readiness to go abroad for personal reasons

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