The Law Society of England and Wales has struck a deal with the Italian National Bar to support UK lawyers practising in Italy.
The Law Society announced today (9 July) that the two organisations had signed a Memorandum of Understanding (MOU), hailed by its president, Richard Atkinson, as a “post-Brexit breakthrough”.
“The Italian National Bar committed to pushing for legislative changes that will introduce the ‘foreign legal consultant’ status in Italy,” Atkinson said. “This will enable our members to register to practise under their own professional qualification (home title) and allow UK lawyers to form partnerships with their Italian counterparts.”
The Law Society noted the EU is the UK’s second-largest export market for legal services and a top priority for the profession.
“Due to Brexit, UK lawyers no longer have the right to register with one of Italy’s bar associations or partner with Italian lawyers despite the EU-UK Trade and Cooperation Agreement protecting their right to advise clients on English law and public international law,” Atkinson said.
“We thank the Italian National Bar for their support and look forward to working with them to make this Memorandum a reality and the UK legal sector stronger. It’s vital for jobs, growth and our economic security that the international dimension of our legal profession is maintained and strengthened.”
The Italian National Bar noted the MOU is intended to foster the creation of partnerships and associated firms between professionals from the two countries.
It confirms that Italian lawyers can engage in out-of-court work in England and Wales in matters of Italian, European and international law using their professional title, and enables Italian lawyers with at least two years of experience to obtain the title of ‘Solicitor of England and Wales’ by passing only the first part of the qualifying exam (SQE1).
“This agreement strengthens the European and international vocation of the Italian legal profession,” said Italian National Bar president Francesco Greco. He added that it was “a strong signal of openness and collaboration, protecting citizens’ rights and the quality of justice”.
The agreement with the Italian National Bar follows the Law Society signing an MOU with the Geneva Bar earlier this year, the first agreement of its kind between the two organisations.
It saw the two sides agree to promote professional exchanges and cross-training, among other measures.
Back in 2021, the Law Society made a similar agreement with Rome’s Bar Association in which the two organisations pledged to continue championing the practising rights of English and Welsh solicitors in Italy, and vice versa.
Negotiations elsewhere in the EU have proved harder. Back in 2021, the European Commission rejected the UK’s application to rejoin the Lugano Convention, which governs the recognition and enforcement of court judgments in civil and commercial matters between the EU and other European states that form the European Free Trade Association, including Switzerland, Norway and Iceland.
The decision was met with criticism from lawyers across Europe for its potential impact on cross-border litigation and human rights, with some warning it could hinder access to justice for victims of human rights abuses committed by UK-based companies outside the UK.
However, the Hague 2019 judgments convention came into force in the UK on 1 July, having been signed by the UK in July last year.
The convention “provides a uniform framework for the recognition and enforcement of judgments between the UK and the other contracting states, which currently include all EU member states (except Denmark), Uruguay and Ukraine”, according to a briefing by Herbert Smith Freehills. “The coming into force of Hague 2019 will therefore facilitate the enforcement of English judgments in other Hague 2019 contracting states and vice versa,” the briefing adds.
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