A Q&A guide to the regulation of the legal profession in Luxembourg.
The Q&A gives a high level overview of the key practical issues including required qualifications for both domestic and foreign legal professionals working in a jurisdiction; common legal professional structures; national regulators, legal professional insurance and client protection; confidentiality and legal professional privilege; legal fees and fee regulation; client money; and notaries.
To compare answers across multiple jurisdictions, visit the Regulation of the legal profession Country Q&A tool.
The Q&A is part of the global guide to legal systems. For a full list of jurisdictional Q&As visit www.practicallaw.com/legalprofession-guide.
Introduction to the regulatory framework
1. How many categories of lawyer are there in your jurisdiction?
There are three categories of practising lawyers at the Luxembourg Bar (divided up into lists):
- Court advocates (avocat à la Cour) (List I), are fully qualified Luxembourg lawyers.
- Attorneys (avocat) (List II) are qualified Luxembourg lawyers (that is, admitted to the bar) who have not completed their training. To represent parties in all courts but the lowest (with a few exceptions), they must be supervised by a court advocate.
- EU admitted lawyers (avocat de l'UE exerçant sous son titre d'origine) (List IV), foreign lawyers from the EU practising under their original professional title.
As explained further below, to be admitted to the Luxembourg Bar and be authorised to practise as a lawyer, candidates must prove their professional knowledge and good reputation.
There are generally no distinctions between the prerogatives of the different types of lawyers, apart from the fact that only court advocates can represent parties in civil written proceedings in the district and higher courts.
List III lawyers are honorary members (avocat honoraire), a title conferred to a lawyer who has been registered at the Bar for at least 20 years and has voluntarily resigned from it.
There are two types of legal entities for practising lawyers:
Société d'avocats ayant la qualité d'avocat à la Cour (List V), that is corporation formed by lawyers who can practice as a qualified lawyer.
Other types of corporation formed between lawyers (List VI).
To read the full article check the following link: https://global.practicallaw.com/w-017-7978