General Practice Law at Lithuania

In Lithuania, similar to many civil law jurisdictions, "General Practice Law" is not a formally designated specialization. Instead, legal professionals, primarily Advocates (Advokatai), are qualified and authorized to provide a wide range of legal services that encompass various areas of law, serving as the equivalent of general practitioners for individuals, businesses, and organizations.

The legal system in Lithuania is based on the continental or civil legal tradition.

Key Aspects of the Legal Profession in Lithuania:

Professional Title: The main professional title for a fully qualified lawyer authorized to represent clients in all courts and provide comprehensive legal services is Advokatas (Advocate). There are also Advocates' Assistants (Advokato Padėjėjas), who are lawyers in training.

Regulatory Body:

The Lithuanian Bar Association (Lietuvos Advokatūra): This is the self-governing, independent professional organization that unites and oversees all Advocates in Lithuania. Its key responsibilities include:

Admitting individuals to the Bar and maintaining the official list of practicing Advocates and Advocates' Assistants.

Supervising, coordinating, and regulating the professional activities of Advocates to ensure quality and adherence to ethical standards.

Enforcing the professional code of ethics and handling disciplinary cases against Advocates.

Representing the interests of Advocates before state institutions, international, and foreign organizations.

Organizing the professional qualification improvement (continuing legal education) of Advocates.

Appointing members to the Bar Examination Commission.

Ensuring the provision of state-guaranteed legal aid by Advocates.

Key Legislation:

The Law on the Bar of the Republic of Lithuania: This is the primary legal act governing the organization and practice of the legal profession. It defines the rights, duties, and responsibilities of Advocates, the structure and functions of the Lithuanian Bar Association, and the requirements for admission to the Bar.

How to Become an Advocate in Lithuania (General Path):

Becoming an Advocate in Lithuania is a demanding multi-stage process:

University Law Degree:

You must obtain a university degree in law. This typically means completing a Master of Law (LL.M.) degree or a one-stage university degree in law. In Lithuania, a combined Bachelor of Laws and Master of Laws program is common, usually a five-year program.

Your law degree must be from a recognized university in Lithuania or a foreign degree recognized as equivalent.

Work Experience in the Field of Law:

After obtaining the law degree, you generally need to accumulate a certain amount of legal work experience. The law typically requires at least five years of work experience in the field of law, or not less than two years of experience working as an Advocate's Assistant. This experience is counted from the date the law degree was obtained.

Qualification Exam (Bar Exam):

You must pass a comprehensive qualification exam for lawyers (often referred to as the Bar exam). This exam assesses knowledge across various legal disciplines. There is also an exam on the organization of the lawyer's profession.

Certain categories of individuals may be exempt from the work experience or examination requirements, such as those with extensive experience as judges, prosecutors, or holders of a doctoral degree in law.

Enrollment with the Lithuanian Bar Association:

Upon successfully meeting all the above criteria, including passing the required exams, you can apply to the Lithuanian Bar Association for admission to the list of practicing Advocates.

Once admitted, you take an oath to uphold the law and the ethical principles of the profession.

Professional Practice Form: Advocates can practice individually, in partnership without establishing a legal person, or by establishing a professional partnership of Advocates (a type of legal entity).

Scope of "General Practice" for Advocates:

Advocates in Lithuania provide a broad spectrum of legal services, including but not limited to:

Legal advice and consultations: Providing opinions and strategic guidance.

Drafting legal documents: Preparing contracts, claims, appeals, wills, and other legal instruments.

Representation in court: Representing clients in civil, criminal, administrative, labor, family, commercial, and other cases at all levels of the Lithuanian court system (district courts, regional courts, Court of Appeal, and the Supreme Court).

Representation before state institutions: Assisting clients in their interactions with government bodies and administrative authorities.

Arbitration and Mediation: Engaging in alternative dispute resolution.

Defense in criminal proceedings: Providing legal defense for individuals accused of crimes.

Ethical Standards and Principles:

Lithuanian Advocates are bound by a strict Code of Ethics and the principles enshrined in the Law on the Bar, including:

Independence and Freedom: Advocates must act independently and without external influence.

Confidentiality: Strict professional secrecy regarding client information is a fundamental duty.

Loyalty: Advocates must act diligently and in the best interests of their clients, avoiding conflicts of interest.

Lawfulness and Integrity: All activities must be conducted lawfully and with irreproachable behavior.

Professional Liability Insurance: Advocates are required to carry professional liability insurance.

In summary, a "general practice lawyer" in Lithuania is typically an "Advokatas" who offers legal services across a wide array of legal areas, rather than focusing solely on a highly specialized niche.

LEAVE A COMMENT

0 comments