REPUBLIC OF LITHUANIA

LAW ON THE BAR

 

 

18 March 2004 No IX-2066

(As last amended on 4 November 2021 – No XIV-611)

Vilnius

 

 

SECTION ONE

GENERAL PROVISIONS

 

Article 1. Purpose of the Law

1. This Law shall regulate the terms and procedure for the pursuit of activities of advocates.

 

2. This Law shall be aimed at ensuring the application of the legal acts of the European Union listed in the Annex to this Law.

 

Article 2. Legal services provided by advocates

1. ‘Legal services provided by advocates’ means legal consultations/legal advice, drafting of legal documents, representation on legal matters, defence and representation in legal proceedings when these activities are carried out for remuneration, except for the case specified in Article 4(5) of this Law.

 

2. The services referred to in paragraph 1 of this Article may be provided by advocates/assistant advocates, or a professional partnership of advocates. When services are provided or activities are pursued by a professional partnership of advocates, the provisions of this Law shall apply to such a partnership mutatis mutandis in the same manner as it would to an advocate.

 

3. Lawyers who are nationals of Member States of the European Union, countries of the European Economic Area, or the Swiss Confederation shall provide services in accordance with the procedure established by Sections Twelve and Thirteen of this Law. For the purposes of this Law, the term ‘Member State of the European Union’ means the Member States of the European Union, the countries of the European Economic Area, and the Swiss Confederation; the term ‘lawyers from Member States of the European Union’ means lawyers who are nationals of the Member States of the European Union, the countries of the European Economic Area, or the Swiss Confederation; and the term ‘national of a Member State of the European Union’ means nationals of a Member State of the European Union, a country of the European Economic Area, the Swiss Confederation and other natural persons exercising the rights of employment or self-employment in the Member States of the European Union, as provided for in the legal acts of the European Union.

 

4. The terms and procedure for the provision of state-guaranteed legal aid shall be regulated by other laws.

 

Article 3. Position and number of advocates in the Lithuanian legal system

1. The Lithuanian bar shall be an independent part of the Lithuanian legal system.

 

2. The number of advocates in the Republic of Lithuania shall be unlimited.

 

Article 4. Activities of advocates

1. The advocate’s right to provide legal services can be restricted only by law.

 

2. Every person shall be entitled to choose an advocate, in accordance with the procedure established by laws, for the purposes of legal counselling, representation or protection of their interests.

 

3. ‘Advocate’s activities’ mean the provision of legal services. Advocate’s activities shall be other than economic or commercial.

 

4. In accordance with the procedure established by laws, an advocate shall also be entitled to provide, for remuneration, services of administration of bankruptcy, restructuring, assets or inheritance; act as a lobbyist, a liquidator, a curator, an executor of a will, a trustee, a translator and/or interpreter to the extent it is related to the legal services provided thereby, and a patent attorney; be engaged in electoral and referendum commissions of any level; be a member of a municipal council; be a commission member appointed by a decision of the Seimas of the Republic of Lithuania, a decree of the President of the Republic, or a decision of the Government of the Republic of Lithuania; be engaged in working groups/commissions for drafting legal acts and provide research services necessary for drafting legal acts; and act as an arbitrator, a mediator, a conciliator or a legal expert in disputes. An advocate may be a member of a collegial management body or supervisory body of a legal person. Acquisition by advocates of the right to provide the services listed in this paragraph and the provision of these services shall be controlled in accordance with the procedure established by the legal acts regulating the provision of these services.

 

5. An advocate shall be entitled to provide legal services free of charge, i.e. to provide legal aid.

 

Article 5. Principles governing the activities of advocates

The activities of advocates shall be guided by the following basic principles:

1) freedom and independence;

2) democratic and collegial relations and fair competition among advocates;

3) lawfulness;

4) confidentiality;

5) loyalty to the client and avoidance of any conflict of interests;

6) irreproachable behaviour.

 

Article 6. Specialisation of an advocate

Advocates shall have the right to choose a field of law where they provide legal services, hereinafter referred to as specialisation of an advocate.

 

SECTION TWO

ADMISSION TO THE BAR

 

Article 7. Requirements for aspiring advocates

Natural persons (hereinafter referred to as applicants) shall be eligible for admission to the bar provided they meet the following criteria:

1) citizenship of the Republic of Lithuania or a Member State of the European Union;

2) a bachelor’s and master’s degree in law, or a lawyer’s professional qualification degree (one-cycle university education in law);

3) a record of at least five years of service in the legal profession or an apprenticeship of an assistant advocate for a period of at least two years. ‘Service in the legal profession’ means activities specified in the list of legal professions approved by the Government of the Republic of Lithuania. The record of service in the legal profession shall be calculated from the moment the person has acquired a bachelor’s or master’s degree in law, or a lawyer’s professional qualification degree (one-cycle university education in law) and began practising law;

4) good repute;

5) proficiency in the state language;

6) passing of an advocates qualifying examination; or passing of an examination on management of advocate’s activities, applicable for persons with an uninterrupted record of at least five years of practice as an advocate and where a decision on their admission to the bar has been annulled on the grounds provided for in Articles 13(1)(2) and 13(1)(4) of this Law, also for persons with an uninterrupted record of at least five years of service as a judge, an uninterrupted record of at least seven years of service as a prosecutor, holders of a doctoral degree in social sciences in the field of law, with the exception of persons convicted of a serious or grave crime or another premeditated crime (Articles 8(1) and 8(2) of this Law);

 

Note from the Register of Legal Acts. The provisions of point 6 shall not apply to the persons who, prior to the entry into force of Law No XIII-879 (1 January 2018), submitted applications to take the bar examinations, applications to admit them to the bar, or applications to enter them on the list of assistant advocates.

 

7) Repealed as of 1 January 2022

 

Article 8. Good repute

Applicants shall not be considered to be of good repute and may not be admitted to the bar provided they:

1) have a conviction of a serious or grave crime, until the conviction has expired or has been expunged, and for at least four years from the date of serving a sentence or release from serving a sentence;

2) have a conviction of a premeditated crime other than that indicated in point 1 of this Article, unless the conviction has expired or has been expunged, and for at least three years from the date of serving a sentence, suspension of execution of a sentence or release from serving a sentence;

3) have been found guilty of a premeditated crime, but have been released from criminal liability, also where less than two years have elapsed from the entry into force of the judgement;

 

Note from the Register of Legal Acts. The provisions of point 3 shall apply exclusively to cases where the circumstances referred to therein emerged after the entry into force of Law No XIII-879 (1 January 2018).

 

4) have been dismissed from work/office or have lost the right to engage in a certain type of activities because the requirement of good repute set forth by law is no longer met; have been dismissed from the office of a judge, prosecutor, advocate, assistant advocate, notary, candidate notary (assessor), notary’s agent, judicial officer, judicial officer’s representative, or assistant judicial officer for professional or official misconduct; have been dismissed from civil service for serious official misconduct; have been found guilty of official misconduct for which the disciplinary penalty of dismissal should be imposed; have been dismissed from work for serious breach of work duties, provided that less than two years have elapsed form the dismissal from work/office or the loss of the right to engage in a certain type of activities or the recognition of commission of official misconduct for which the disciplinary penalty of dismissal should be imposed;

5) abuse alcohol, psychotropic, narcotic or other psychoactive substances;

6) fail to meet the requirements under the Code of Ethics of Lithuanian Advocates for conduct and activities applicable to persons in the pursuit of their activities as advocates.

 

Note from the Register of Legal Acts. The provisions of point 6 shall apply exclusively to cases when the circumstances referred to therein emerged after the entry into force of Law No XIII-879 (1 January 2018).

 

Article 9. Submission of documents for admission to the bar

A person seeking to be admitted to the bar shall submit to the Lithuanian Bar Association the following:

1) an application for admission to the bar. The application shall contain the applicant’s personal data (first name, surname, personal number, place of residence, citizenship), as well as information regarding the existence of any grounds specified in this Law that would preclude admission to the bar;

2) documents proving that the person meets the requirements laid down in Article 7 of this Law, except for the case where these documents have been submitted under Article 16 of this Law and the data contained therein have not changed since the submission.

 

Article 10. Procedure for admission to the bar

1. An application for admission to the bar shall be examined in the presence of the applicant.

 

2. A decision on the admission of an applicant to the bar shall be adopted by the Lithuanian Bar Association not later than within 45 days from the submission of the documents specified in Article 9 of this Law, and the person shall be entered on the list of persons admitted to the bar. The decision shall be presented to the applicant not later than within ten working days from its adoption.

 

3. A refusal to admit an applicant to the bar must be reasoned. The applicant shall have the right to appeal against the refusal to Vilnius Regional Court within 30 days from the delivery of the refusal.

 

4. Where the Lithuanian Bar Association fails to adopt a decision within the time limit specified in paragraph 2 of this Article, the applicant may apply to Vilnius Regional Court within 30 days with a request to obligate the Lithuanian Bar Association to admit the applicant to the bar.

 

5. The applicant shall be deemed an advocate from the date of the adoption of the decision on admission to the bar.

 

Article 11. Suspension of the procedure for admission to the bar

1. The procedure for admission to the bar may be suspended where the applicant is suspected or accused of a criminal act.

 

2. In the cases specified in paragraph 1 of this Article, the procedure for admission to the bar shall be suspended until the expiry of the circumstances causing the suspension of the procedure for the admission of the applicant to the bar.

 

Article 12. Personal file of an advocate

1. Not later than within seven days from the admission of a person to the bar, the Lithuanian Bar Association shall compile a personal file of the advocate. All documents related to the advocate’s activities shall be stored therein.

 

2. Advocates shall have the right to access the data stored in their personal file.

 

Article 13. Annulment of a decision to admit a person to the bar

1. A decision to admit a person to the bar shall be annulled in the following cases:

1) upon discovery, subsequent to adoption of the decision on admission, of facts precluding the admission;

2) where, subsequent to adoption of the decision on admission, at least one of the circumstances referred to in Article 7 of this Law disappears;

3) where, subsequent to adoption of the decision on admission, at least one of the circumstances referred to in Article 8 of this Law arises;

4) on the advocate’s application;

5) upon imposing a disciplinary sanction of annulling the decision to admit a person to the bar;

6) Repealed as of 1 January 2018;

7) where, in accordance with the procedure established by the Law of the Republic of Lithuania on the Prevention of Money Laundering and Terrorist Financing, the Lithuanian Bar Association imposes the sanction provided for in Article 36(1)(6) of the said Law of withdrawal of the authorisation to pursue activities.

 

2. The right to annul a decision to admit a person to the bar on the grounds specified in this Article shall be vested in the Lithuanian Bar Association. The right to apply to the Lithuanian Bar Association for the annulment of the decision on admission to the bar shall be vested in the Minister of Justice of the Republic of Lithuania (hereinafter referred to as the Minister of Justice). If the Lithuanian Bar Association rejects the request of the Minister of Justice or fails to take a decision within 45 days from the receipt of the request, the Minister of Justice shall be entitled to apply to Vilnius Regional Court within 30 days with a request to obligate the Lithuanian Bar Association to annul the decision on admission to the bar.

 

3. An advocate shall lose the professional title and shall be removed from the list of persons admitted to the bar from the date of the adoption of the decision annulling the decision on admission to the bar.

 

4. A decision annulling the decision to admit a person to the bar may be appealed against to Vilnius Regional Court within 30 days from its delivery.

 

Article 14. Bar examinations

1. The programmes of the advocates qualifying examination and the examination on management of advocate’s activities (hereinafter referred to as the bar examinations) shall be drawn up and the procedure for taking and paying for the bar examinations shall be established by the Minister of Justice, upon agreement with the Lithuanian Bar Association.

2. The bar examinations shall be held at least quarterly. An applicant must be allowed to take the bar examinations not later than within three months from the submission of the documents specified in Article 16 of this Law.

3. The advocates qualifying examination shall assess the preparedness of candidates to practise as advocates, their ability to apply theoretical legal knowledge and skills in practice and the knowledge of advocate’s professional ethics. The examination on management of advocate’s activities shall examine the preparedness of candidates to practise as advocates and the knowledge of advocate’s professional ethics.

4. Having failed the bar examinations, a person may retake the examinations not earlier than after six months. The number of retakes of the bar examinations by the same person shall be unlimited.

5. The results of the bar examinations shall be valid for two years from the day of passing them. The date of passing the bar examinations shall be the date of approval of the results of the said examinations in accordance with the procedure laid down in paragraph 1 of this Article. If a person is admitted to the bar within two years from passing the bar examinations, the examination results shall be valid for the entire period of validity of the decision to admit the person to the bar.  

 

 

Article 15. Bar examination commission

1. The bar examination commission shall be comprised of seven members who are lawyers. The Lithuanian Bar Association and the Minister of Justice each shall appoint three members to the commission, and one member shall be appointed by the Lithuanian Lawyers’ Association. The bar examination commission may not include more than two practising advocates.

 

2. The bar examination commission and its chairperson, nominated by the Lithuanian Bar Association, shall be approved for a term of three years by the Minister of Justice.

 

Article 16. Documents to be submitted by candidates for the bar examinations

Candidates wishing to take the bar examinations must submit to the Lithuanian Bar Association the following:

1) an application for the advocates qualifying examination or the examination on management of advocate’s activities;

2) a document confirming the citizenship of the Republic of Lithuania or a Member State of the European Union;

3) a document attesting to a bachelor’s and master’s degree in law or a lawyer’s professional qualification degree (one-cycle university education in law);

4) a document proving the record of service in the legal profession referred to in Article 7(3) of this Law or a positive apprenticeship evaluation by the apprenticeship supervisor of an assistant advocate for candidates wishing to take the advocates qualifying examination; a document proving an uninterrupted record of at least five years of practice as an advocate, acquired prior to the annulment of the decision on admission to the bar where the annulment was made on the grounds specified in Articles 13(1)(2) and 13(1)(4) of this Law, a document attesting to an uninterrupted record of at least five years of service as a judge or an uninterrupted record of at least seven years of service as a prosecutor, or a document attesting to a degree of doctor in social sciences in the field of law for candidates wishing to take the examination on management of advocate’s activities;

5) a receipt of payment for the bar examinations.

 

SECTION THREE

RIGHT TO PRACTISE AS AN ADVOCATE

 

Article 17. Right to practise as an advocate

1. Advocates entered on the list of advocates entitled to pursue the activities of an advocate (hereinafter referred to as the list of practising advocates of Lithuania) and holding the advocate’s certificate referred to in paragraph 3 of this Article shall have the right to practise as advocates and shall acquire the rights and obligations of advocates. The date of issue of an advocate’s certificate shall be the date of authorisation of the advocate to practise as an advocate.

 

2. Advocates shall be entered on the list of practising advocates of Lithuania when they:

1) have sworn the oath in accordance with the procedure established by this Law;

2) are covered by insurance of an advocate or a professional partnership of advocates against professional civil liability;

3) are ready to practise as advocates in one of the forms specified in Article 21 of this Law;

4) Repealed as of 1 January 2018.

 

3. The Lithuanian Bar Association shall, not later than within 10 working days from the adoption of the decision to enter an advocate on the list of practising advocates of Lithuania, issue an advocate’s certificate to the advocate. If the Lithuanian Bar Association breaches the time limit specified in this paragraph, the advocate shall be entitled to apply to Vilnius Regional Court within 30 days with a request to obligate the Lithuanian Bar Association to issue an advocate’s certificate.

 

4. Advocates from foreign states may practise as advocates in Lithuania only subject to international treaties of the Republic of Lithuania, except for the cases specified in Sections Twelve and Thirteen of this Law.

 

Article 18. Entry on the list of practising advocates of Lithuania

1. Persons shall be entered on the list of practising advocates of Lithuania by a decision of the Lithuanian Bar Association. An advocate shall submit to the Lithuanian Bar Association the following:

1) an application for entry on the list of practising advocates of Lithuania. The application shall indicate whether or not the information contained in the application for admission to the bar has changed, specifying changes, if any;

2) documents proving the compliance of the advocate with the requirements of this Law applicable for the process of entering on the list of practising advocates of Lithuania.

 

2. The Lithuanian Bar Association shall take a decision to enter an advocate on the list of practising advocates of Lithuania not later than within 30 days from the receipt of the documents specified in paragraph 1 of this Article, provided the advocate has fulfilled the requirements laid down in Article 17 of this Law.

 

3. Failing entry on the list of practising advocates of Lithuania within the time limit specified in paragraph 2 of this Article, advocates shall be entitled to apply to Vilnius Regional Court within 30 days after the expiry of the time limit for entry with a request to obligate the Lithuanian Bar Association to enter them on the list of practising advocates of Lithuania.

 

Article 19.  Advocate’s oath

1. The advocate’s oath shall be administered by the Minister of Justice.

 

2. The person swearing the oath shall be entitled to choose one of the following texts of the oath:

1) “I, advocate (first name, surname), swear to be loyal to the Republic of Lithuania, to abide by its Constitution and laws, conduce to the protection of human rights, freedoms and legitimate interests, honestly and fairly discharge the duties of an advocate, keep professional secrets and behave without damaging the reputation of the profession. So help me God”.

2) “I, advocate (first name, surname), swear to be loyal to the Republic of Lithuania, to abide by its Constitution and laws, conduce to the protection of human rights, freedoms and legitimate interests, honestly and fairly discharge the duties of an advocate, keep professional secrets and behave without damaging the reputation of the profession”.

 

3. Repealed as of 28 June 2006.

 

4. The advocate shall swear the oath wearing a gown.

 

5. After reading the text of the oath, the advocate shall sign it. The text of the oath shall be kept in the advocate’s personal file.

 

6. The advocate’s oath must be sworn not later than within one month from the date of the submission of the application to administer the advocate’s oath to the Minister of Justice. The application to administer the advocate’s oath may only be submitted by a person who is admitted to the bar in accordance with the procedure established by Section Two of this Law.

 

7. Advocates who are re-entered on the list of practising advocates of Lithuania shall not need to swear the oath, except for the cases where the decision to admit them to the bar has been annulled.

 

Article 20. Compulsory insurance of an advocate or a professional partnership of advocates against professional civil liability

1. The professional civil liability of an advocate or a professional partnership of advocates shall be covered by compulsory insurance for the damage exceeding EUR 290 caused to natural or legal persons in the pursuit of advocate’s activities.

 

Note from the Register of Legal Acts. These provisions shall not apply to the insurance contracts concluded before the entry into force of Law No XII-1244 (1 January 2015).

 

2. The object of compulsory insurance of an advocate against professional civil liability shall be civil liability for the damage caused by illegal actions of an advocate, assistant advocates or other employees of an advocate or of a professional partnership of advocates in the pursuit of advocate’s activities.

 

3. An insured event shall mean illegal actions (act or omission) by an advocate, assistant advocates or other employees of an advocate or of a professional partnership of advocates during the period of validity of the insurance contract and resulting in damage.

 

4. Insurance coverage for an advocate shall be provided on the basis of a signed contract on compulsory insurance of an advocate against professional civil liability. The policyholder of compulsory insurance of an advocate against professional civil liability shall be an advocate or a professional partnership of advocates. Where advocates practise through a professional partnership of advocates, the civil liability of the professional partnership of advocates may be covered by insurance. In this case, the sum insured shall be established based on the number of members of the professional partnership of advocates in question, pursuant to the requirements laid down in this Article. The minimum sum insured under the compulsory insurance of each advocate against professional civil liability shall be EUR 29,000 per insured event.

 

Note from the Register of Legal Acts. These provisions shall not apply to the insurance contracts concluded before the entry into force of Law No XII-1244 (1 January 2015).

 

5. An advocate may additionally take out compulsory insurance of an advocate against professional civil liability for the damage caused to natural or legal persons in the pursuit of advocate’s activities.

 

6. An insurer authorised, in accordance with the procedure established by legal acts, to provide compulsory insurance to advocates against professional civil liability must enter into an insurance contract with an advocate provided the latter has submitted an application and all the documents required for concluding such a contract. The rules for compulsory insurance of advocates against professional civil liability shall be approved by the Government of the Republic of Lithuania or an institution authorised by it.

 

7. An advocate entered on the list of practising advocates of Lithuania must present a copy of the compulsory insurance certificate (policy) of an advocate against professional civil liability to the Lithuanian Bar Association within ten days from the conclusion of the insurance contract.

 

8. At the request of the client, an advocate must present the compulsory insurance certificate (policy) of an advocate against professional civil liability.

 

9. Damage caused by illegal actions of an advocate, assistant advocates or other employees of an advocate or of a professional partnership of advocates in the pursuit of advocate’s activities shall be compensated for by the insurer by paying out an insurance benefit within the limits of the sum insured. Where the insurance benefit is insufficient to compensate for the damage in full, the difference between the benefit and the actual amount of damage shall be covered by the advocate who has caused the damage.

 

Article 21. Forms of practice of advocates

1. Advocates may practise:

1) as self-employed;

2) in a partnership without establishing a legal person;

3) by establishing a legal person in the form of a professional partnership of advocates.

 

2. An advocate shall have the right to choose only one form of practice specified in paragraph 1 of this Article.

 

3. An advocate shall have the right to change the form of practice. Having changed the form of practice, the advocate must inform the Lithuanian Bar Association thereof.

 

Article 22. Advocate’s office

1. An advocate’s office must have appropriate conditions for receiving clients and correspondence on working days, as well as other means necessary for proper exercise of advocate’s activities. An advocate’s office shall be registered with the Lithuanian Bar Association.

 

2. An advocate’s office may be located in the same building as a police establishment, prosecutor’s office or a court only subject to permission by the Lithuanian Bar Association.

 

3. The Lithuanian Bar Association shall be in charge of laying down detailed requirements for an advocate’s office in accordance with paragraph 1 of this Article, establishing the procedure for registration of an advocate’s office and managing the list of advocates’ offices. The list of advocates’ offices shall specify the address of the advocate’s office, advocate’s first name and surname, telephone and fax, and e-mail.

 

Article 23. Removal from the list of practising advocates of Lithuania

1. An advocate shall be removed from the list of practising advocates of Lithuania by a decision of the Lithuanian Bar Association provided that:

1) the advocate requests in writing to be removed from it;

2) the decision to admit the person to the bar has been annulled;

3) it becomes known that false data were provided when entering the person on the list of practising advocates of Lithuania;

4) the advocate has embarked on or took another paid position, with the exception of the cases specified in Article 43(1) of this Law;

5) the advocate fails to meet the conditions entitling a person to practise as an advocate.

 

2. Advocates may, by a decision of the Lithuanian Bar Association, be temporarily removed from the list of practising advocates of Lithuania where they are suspected or accused of commission of a criminal act, also upon application of the sanction provided for in Article 36(1)(6) of the Law on the Prevention of Money Laundering and Terrorist Financing. In such cases, advocates shall be removed from the list of practising advocates of Lithuania until the circumstances justifying such removal cease to exist. The decision of the Lithuanian Bar Association may be appealed against to Vilnius Regional Court within 30 days from the delivery of the decision to the advocate.

 

3. Where the Court of Honour of Advocates establishes that there is objective evidence of an infringement of this Law and the Code of Ethics of Lithuanian Advocates or advocate’s activities, which may be subject to the disciplinary sanction specified in Article 53(4) of this Law, it shall submit a proposal to the Lithuanian Bar Association to temporarily remove the advocate in question from the list of practising advocates of Lithuania. Prior to submitting this proposal, the Court of Honour of Advocates must assess the nature, circumstances, and consequences of the infringement committed by the advocate and other relevant circumstances. An advocate may be temporarily removed from the list of practising advocates of Lithuania by a decision of the Lithuanian Bar Association on the grounds specified in this paragraph until the circumstances for such removal cease to exist or until the entry into force of the decision of the Court of Honour of Advocates in the disciplinary action against the advocate in question. This decision may be appealed against to Vilnius Regional Court within 30 days from its delivery to the advocate.

 

4. The Lithuanian Bar Association shall, not later than on the next working day following the decision referred to in paragraphs 2 and 3 of this Article to temporarily remove an advocate from the list of practising advocates of Lithuania, publish this decision on its website and indicate the advocate’s first name, surname, office and office address. The information referred to in this paragraph shall remain publicly available until the circumstances for the temporary removal of the advocate from the list cease to exist or until the decision of the Court of Honour of Advocates in the disciplinary action against the advocate becomes effective. An appeal against the decision of the Lithuanian Bar Association to temporarily remove an advocate from the list of practising advocates of Lithuania shall not suspend the execution of the decision referred to in paragraphs 2 and 3 of this Article, unless the court provides otherwise.

 

Article 24. Publishing of the list of practising advocates of Lithuania

The list of practising advocates of Lithuania shall be published by the Lithuanian Bar Association on its website. The list of practising advocates of Lithuania shall indicate the first name, surname, office, office address, telephone, e-mail and other relevant information specified by the advocate and related to the advocate’s professional activities.

 

Article 25. Restrictions on advocate’s activities

1. An advocate shall not be entitled to act as a litigant’s representative or defence counsel in a legal proceedings where the interests of the litigant are in opposition to those of the advocate’s parents/adoptive parents, spouse/partner, children/adopted children, siblings/adoptive siblings who act as litigants in the same proceedings.

 

2. An advocate who is or has been a representative or defence counsel to one party in a case may not act as a representative or defence counsel to the adverse party in the same case.

 

3. An advocate may not act as a representative or defence counsel in the cases where one has acted as a judge, an arbitrator, a prosecutor, a pre-trial investigation officer or a private prosecutor. An advocate may not act as a representative in the case in which one has acted as a mediator.

 

4. An advocate may not act as a representative or defence counsel in a proceedings if a judge or pre-trial investigation officer in this proceedings is the advocate’s spouse/partner, child/adopted child, parent/adoptive parent, or sibling/adoptive sibling.

 

SECTION FOUR

PRACTICE OF SELF-EMPLOYED ADVOCATES

 

Article 26. Practice conditions for a self-employed advocate

1. An advocate shall practise as self-employed having established an advocate’s office.

 

2. An advocate shall be the subject of legal relations.

 

3. In advocate’s activities or activity documents, an advocate shall indicate the first name/first letter of the first name followed by the surname or a bare surname, as well as the fact of being an advocate. In addition, an advocate shall be entitled to indicate the first name/first letter of the first name followed by the surname or a bare surname, as well as the words ‘law firm’ and the location of the advocate’s office. In addition to the requirements laid down in this paragraph, an advocate shall also have the right to use another law firm name registered with the Lithuanian Bar Association in accordance with the procedure established by the latter.

 

4. An advocate shall be entitled to recruit employees. An employment contract with an employee shall be concluded by the advocate personally.

 

5. For the purpose of ensuring services needed to exercise advocate’s activities, a self-employed advocate shall be entitled to conclude an association agreement with other self-employed advocates or advocates practising in a partnership without establishing a legal person.

 

6. Advocates shall be considered self-employed where they have entered into a contract for the provision of services exclusively to another advocate, professional partnership of advocates, or clients of another advocate or of professional partnership of advocates. In this case, the advocates shall be deemed to be acting in the office of the advocate or professional partnership of advocates with whom the contract for the provision of legal services has been concluded. Such a contract may provide for terms and conditions for using the office, the procedure for using the name of the law firm and for distributing income and expenses, other terms and conditions of activities, as well as terms and conditions of mutual loyalty and avoidance of any conflict of interests between the parties.

 

7. An advocate practising jointly with foreign advocates or entities established by them shall be entitled to use the law firm name, in whole or in part, used by foreign advocates or entities established by them.

 

SECTION FIVE

PRACTICE OF ADVOCATES IN A PARTNERSHIP

WITHOUT ESTABLISHING A LEGAL PERSON

 

Article 27. Terms and conditions for practice of advocates in a partnership without establishing a legal person

1. Advocates shall practise in a partnership without establishing a legal person by concluding an agreement on joint activities (partnership) and establishing an advocate’s office.

 

2. In their activities or activity documents, each advocate practising in a partnership shall indicate their first name/first letter of the first name followed by the surname or a bare surname, as well as the fact of them being advocates. Where a partnership involves a number of advocates and the law firm name would be difficult to use if all the advocates were indicated therein, the first name/first letter of the first name followed by the surname or a bare surname of at least one advocate followed by the words ‘and partners’ shall be indicated. Advocates shall also have the right to use the words “law firm” in their law firm name and indicate the location of their office. In addition to the requirements laid down in this paragraph, advocates shall also have the right to use another law firm name registered with the Lithuanian Bar Association in accordance with the procedure established by the latter.

3. Advocates practising in a partnership shall have the right to agree on joint provision of services with advocates practising as self-employed in accordance with Article 26(6) of this Law.

 

4. In an agreement on joint activities (partnership), advocates must specify which of them will represent the partners in their relations with the Lithuanian Bar Association.

 

5. Advocates practising in a partnership shall be entitled to recruit employees.

 

6. Advocates practising in a partnership shall be subject to the provisions of Articles 26(2) and 26(7) of this Law.

 

SECTION SIX

PRACTICE OF ADVOCATES BY ESTABLISHING A LEGAL PERSON

 

Article 28. Practice of advocates by establishing a legal person

1. Advocates shall have the right to practise by establishing, in accordance with the procedure established by the Civil Code and this Law, a private legal person in the legal form of a professional partnership of advocates. A professional partnership of advocates shall be registered in the register of legal entities.

 

2. Membership of a professional partnership of advocates shall be limited to advocates. An advocate may be a member of only one professional partnership of advocates.

 

3. The law firm name of a professional partnership of advocates must bear the indication of the legal form of a legal person. The law firm name of a professional partnership of advocates shall also be subject to the provisions of Article 26(7) of this Law.

 

4. The registered office of a professional partnership of advocates must be situated in the Republic of Lithuania. The Registered office of a professional partnership of advocates, a branch or a representative office shall be subject to the requirements laid down in Article 22 of this Law.

 

5. When the assets of a professional partnership of advocates are insufficient to cover the partnership’s obligations unrelated to contracts for the provision of legal services, members of the professional partnership of advocates shall not be liable with their property for the said obligations. When the assets of a professional partnership of advocates are insufficient to discharge its obligations arising from contracts for the provision of legal services concluded on behalf of the professional partnership of advocates, the members of the professional partnership of advocates who have provided the legal services shall be liable for these obligations with all their property. If it is not clear which advocate has provided the legal services or if the legal services are provided by an advocate who is not a member of the professional partnership of advocates, all the members of the professional partnership of advocates shall be liable for obligations under contracts for the provision of legal services, when the assets of the professional partnership of advocates are insufficient to discharge such obligations, with of all their property in proportion to the right of claim of each member to the share of the assets of the professional partnership of advocates.

 

Article 29. Restrictions on the activities of a professional partnership of advocates

1. A professional partnership of advocates may not carry out activities other than the provision of legal services.

2. Legal services on behalf of a professional partnership of advocates may be provided by advocates and assistant advocates. A contract for the provision of legal services must, as a rule, specify the advocate who will carry out the contract.

 

Article 30. Establishment and incorporation document of a professional partnership of advocates

1. A professional partnership of advocates shall be established and operate in accordance with a deed of incorporation or a memorandum of association covered by the provisions of the Civil Code on the agreement on joint activities (partnership) to the extent they do not contradict the special conditions laid down in this Law. The deed of incorporation or the memorandum of association of a professional partnership of advocates shall be an incorporation document of a professional partnership of advocates. The terms thereof related to the activities of a professional partnership of advocates shall come into effect from the date of registration of the professional partnership of advocates in the register of legal entities.

 

2. Where a professional partnership of advocates is established by two or more founders, a memorandum of association of a professional partnership of advocates shall be concluded.  Where a professional partnership of advocates is established by one founder, a deed of incorporation of a professional partnership of advocates shall be drawn up.

 

3. In addition to the requirements laid down in Article 2.47 of the Civil Code, the incorporation document must specify the following:

1) first names, surnames, personal numbers and residential addresses of members of the professional partnership of advocates;

2) rights and obligations of members of the professional partnership of advocates;

3) principles of distribution of income and expenses of the professional partnership of advocates;

4) procedure for collecting contributions to the professional partnership of advocates, including details on contributions, as well as the procedure and deadlines for collection thereof. For non-pecuniary contributions, their value must be indicated in monetary terms. This value shall be confirmed by common agreement of founders/members of the professional partnership of advocates;

5) right of claim of each member to the share of the assets of the professional partnership of advocates corresponding to the value of the member’s contribution;

6) terms and procedure for admitting new advocates to the professional partnership of advocates;

7) deadlines and procedure for paying the compensation referred to in Article 33(2) of this Law.

 

4. A professional partnership of advocates may be registered provided that the incorporation document of the professional partnership of advocates referred to in paragraph 1 of this Article has been drawn up.

 

Article 31. Management of a professional partnership of advocates

1. A professional partnership of advocates shall assume its rights and obligations through its members, unless its incorporation document provides for a managing body of the partnership.

 

2. Membership of the managing body of a professional partnership of advocates shall be limited to advocates. The managing body must ensure the possibility for advocates providing services to comply with the requirements laid down in the Code of Ethics of Lithuanian Advocates.

 

Article 32 Specific aspects of termination of a professional partnership of advocates

1. If the incorporation document of a professional partnership of advocates referred to in Article 30(1) of this Law expires, the professional partnership of advocates shall be liquidated by a decision of its members.

 

2. In the event of the death of all the members of a professional partnership of advocates, either the heir, or the Lithuanian Bar Association, where the inheritance passes to the State, must apply to the court of the place of the opening of succession with a request to appoint an administrator of the inheritance. The administrator of the inheritance shall take the decision to liquidate the professional partnership of advocates and shall perform the functions of the liquidator.

 

Article 33. Succession to a professional partnership of advocates

1. The priority of succession to the rights and obligations of deceased members of a professional partnership of advocates shall rest with their heirs, provided the latter are advocates and the incorporation document of the professional partnership of advocates referred to in Article 30(1) of this Law provides that deceased members may be replaced by their legal successors. Compensation for the share of assets belonging to other heirs shall be paid under a common agreement of heirs. In the event of a dispute, the court shall have the right to take the decision to establish a compulsory mortgage in respect of all the immovable items of an heir and pay out the share of assets belonging to other heirs by instalments payable within up to one year.  

 

2. In the event of the death of a member of a professional partnership of advocates, where the incorporation document referred to in Article 30(1) of this Law does not include the provision on either its continued validity for the remaining members of the professional partnership of advocates or the replacement of the deceased member by a legal successor, also where the incorporation document provides for replacement of a deceased member by a legal successor but none of the heirs is an advocate, the heir who presents a certificate of the right of succession shall be entitled to a compensation corresponding to the share belonging to the deceased member of the professional partnership of advocates and payable within the deadline provided for in the incorporation document referred to in Article 30(1) of this Law. In the event of the death of all the members of a professional partnership of advocates, the heirs of the deceased advocate/advocates shall inherit the assets of the professional partnership of advocates remaining after settlement with the creditors of the professional partnership of advocates subsequent to its liquidation.

 

3. The provisions of this Article shall also apply mutatis mutandis to the succession to the rights and obligations of an advocate where the advocate is self-employed or practices in a partnership.

 

SECTION SEVEN

ASSISTANT ADVOCATE

 

Article 34. Assistant advocate

1. ‘Assistant advocate’ means a natural person entered on the list of Lithuanian assistant advocates in accordance with the procedure established by this Law and training for advocate’s practice.

2. An assistant advocate shall have all the rights and obligations of an advocate provided under this Law, with the exception of membership of the Lithuanian Bar Association and the restrictions established by procedural laws. An assistant advocate shall be entitled to represent a client’s interests in court only subject to a written permission for representation in a particular case issued by an advocate/apprenticeship supervisor, and to represent a client before other institutions subject to a written consent of an advocate/apprenticeship supervisor. An assistant advocate may represent a client only in courts of first instance and only after the Lithuanian Bar Association approves the assistant advocate’s one-year apprenticeship performance report. 

 

Article 35. List of assistant advocates of Lithuania

1. Persons shall be entered on the list of assistant advocates of Lithuania by a decision of the Lithuanian Bar Association. Entry on the list of assistant advocates of Lithuania shall be conditioned on the following:

1) citizenship of the Republic of Lithuania or a Member State of the European Union;

2) a bachelor’s and master’s degree in law, or a lawyer’s professional qualification degree (one-cycle university education in law);

3) good repute pursuant to Article 8 of this Law;

4) apprenticeship arrangement with an advocate entered on the list of practising advocates of Lithuania;

5) Repealed as of 1 January 2022

 

2. A person wishing to be listed as an assistant advocate of Lithuania shall submit to the Lithuanian Bar Association the following:

1) an application for the entry on list of assistant advocates of Lithuania. The application must contain the applicant’s personal data (first name, surname, personal number, residential address, citizenship), as well as information regarding the existence of any grounds specified in this Law that would preclude the entry on the list of assistant advocates of Lithuania;

2) documents proving compliance with the requirements of this Law for entry on the list of assistant advocates of Lithuania;

3) an arrangement with an advocate on the latter’s consent to act as apprenticeship supervisor and on the terms of the apprenticeship, as well as a recruitment contract.

 

3. The Lithuanian Bar Association shall take the decision concerning the entry of an applicant on the list of assistant advocates of Lithuania not later than within 45 days from the receipt of the documents specified in paragraph 2 of this Article. The decision shall be delivered to the applicant not later than within 20 working days from its adoption.

 

4. If the Lithuanian Bar Association takes the decision to refuse to enter an applicant on the list of assistant advocates of Lithuania, the decision must detail the reasons for such refusal. The refusal may be appealed against to Vilnius Regional Court within 30 days from its delivery.

 

5. The list of assistant advocates of Lithuania shall be published by the Lithuanian Bar Association on its website. The information presented in the List shall mutatis mutandis be subject to the provisions of Article 24 of this Law.

 

Article 36 Removal from the list of assistant advocates of Lithuania

1. The Lithuanian Bar Association shall remove a person from the list of assistant advocates of Lithuania in the following circumstances:

1) the person has filed a written request to terminate the apprenticeship as an assistant advocate;

2) the Court of Honour of Advocates takes the decision that the person has violated the requirements of this Law or the Code of Ethics of Lithuanian Advocates;

3) the assistant advocate has embarked on or took another paid position, with the exception of the cases specified in Article 43(1) of this Law;

4) it becomes known that the person has submitted false data prior to the entry on the list of assistant advocates of Lithuania pursuant to Articles 35(1) or 35(2) of this Law;

5) the assistant advocate fails, in accordance with the provisions of the procedure referred to in Article 38(2) of this Law, to submit to the Lithuanian Bar Association the documents necessary for the appointment of another apprenticeship supervisor owing to the death of the apprenticeship supervisor, removal of the advocate from the position of apprenticeship supervisor, or removal/temporary removal of the apprenticeship supervisor from the list of practising advocates of Lithuania;

6) the assistant advocate has died;

7) where, in accordance with the procedure established by the Law of the Republic of Lithuania on the Prevention of Money Laundering and Terrorist Financing, the assistant advocate is subject to the sanction, provided for in Article 36(1)(6) of the said Law, of withdrawal of authorisation to pursue activities.

 

2. The person removed from the list of assistant advocates of Lithuania shall have the right to appeal against the decision taken by the Lithuanian Bar Association on the person’s removal from the list of assistant advocates of Lithuania on the grounds specified in points 2 to 5 and 7 of paragraph 1 of this Article to Vilnius Regional Court within 30 days from the adoption of the decision.

 

Article 37. Supervision of the apprenticeship of an assistant advocate

1. An assistant advocate shall serve the apprenticeship with an advocate who is entered on the list of practising advocates of Lithuania, has a record of at least five years of practice as an advocate, has no effective disciplinary sanctions, gives a written consent to supervise the apprenticeship of the assistant advocate, and is able to ensure employment for the assistant advocate. An apprenticeship supervisor of an assistant advocate shall be appointed and dismissed in accordance with the procedure laid down in Article 38(2) of this Law.  

 

2. An advocate’s office must ensure adequate conditions for the apprenticeship of an assistant advocate.

 

3. The maximum number of assistant advocates who can be supervised by one advocate shall be established by the Lithuanian Bar Association.

 

Article 38. Procedure for serving the apprenticeship of an assistant advocate

1. The duration of the apprenticeship of an assistant advocate shall be at least two years.  This period shall not include the time when an assistant advocate has not actually served the apprenticeship (except for usual rest period) or when the apprenticeship has been suspended. The period of the apprenticeship shall be confirmed by the supervisor in the apprenticeship evaluation. 

 

3. After the expiry of the period of the apprenticeship established in this Law, an assistant advocate shall have the right to continue the apprenticeship until the Lithuanian Bar Association takes a decision to admit the assistant advocate to the bar.

 

SECTION EIGHT

RIGHTS AND OBLIGATIONS OF ADVOCATES

AND GUARANTEES OF ADVOCATES’ ACTIVITIES

 

Article 39. Obligations of advocates

1. An advocate must:

1) fairly discharge one’s obligations. An advocate must comply with the requirements of the Code of Ethics of Lithuanian Advocates and behave in the spirit of honesty and public interest;

2) in the professional activities, observe the advocate’s oath and laws;

3) protect the information entrusted in the course of the professional activities and maintain its confidentiality;

4) wear a gown at court hearings;

5) continuously upskill. Professional upskilling of advocates shall be organised by the Lithuanian Bar Association in accordance with the procedure established by the latter;

6) preserve the advocate’s activity documents in accordance with the procedure established by the Law of the Republic of Lithuania on Documents and Archives;

7) upon changing the first name, surname, office, office address, telephone number, or e-mail, submit the updated information to the Lithuanian Bar Association  without delay, but not later than within five working days from the change of this information;

8) immediately notify the Lithuanian Bar Association of the expiry or change of any of the conditions specified in Article 7 of this Law.

 

2. Repealed as of 1 January 2022

 

Article 40. Refusal to provide legal services

1. An advocate may refuse provision of legal services and conclusion of a contract only for important reasons. Important reasons shall be a breach of the principles governing the activities of advocates referred to in Article 5 of this Law, busy schedule, lack of experience, or other circumstances preventing the advocate from adequate provision of legal services.

 

2. An advocate must immediately notify the client of the refusal to provide legal services and the reasons thereof.

 

Article 41. Social insurance of advocates and assistant advocates

Advocates and assistant advocates must take out insurance in accordance with the procedure established by the Law of the Republic of Lithuania on State Social Insurance.

 

Article 42. Individual aspects of advertising the activities of advocates

1. Advertising the activities of advocates shall be permitted to the extent that such advertising conforms to the principles governing the activities of advocates.

 

2. Requirements for advertising of advocates’ activities and the procedure for the control thereof shall be established by the Lithuanian Bar Association upon agreement with the Ministry of Justice of the Republic of Lithuania.

 

Article 43. Other restrictions on the activities of advocates

1. An advocate entered on the list of practising advocates of Lithuania may not, in discharging professional duties, participate in intelligence or criminal intelligence activities and be employed or hold any other paid position, with the exception of work in the Lithuanian Bar Association and research, creative or teaching activities, or the activities specified in Article 4(4) of this Law.

 

2. An advocate who has been temporarily disbarred by a decision of the Court of Honour of Advocates may hold any other paid position or engage in any other activity.

 

Article 44. Advocate’s rights

An advocate, in the pursuit of professional activities, shall have the right to:

1) obtain information and data, including special categories of personal data, documents, and copies thereof required for the provision of legal services and stored in or managed by state and municipal institutions, as well as registers and state information systems. Advocate’s request for information must contain proof of the relevance of the requested documents or copies thereof to the provision of legal services. An advocate who fails to provide evidence that the requested information, data, documents or copies thereof are necessary for the provision of legal services shall be given a reasoned refusal;

2) independently collect data which is needed for the provision of legal services and which may be obtained by an advocate without applying procedural coercive measures, i.e. obtain from persons the necessary documents or copies thereof or any other information needed for the provision of legal services. Advocate’s request for information must contain proof of the relevance of the requested documents or copies thereof to the provision of legal services. Persons who have provided the advocate with the required data shall be entitled to compensation for the necessary costs associated with the provision of such information, with the exception of the cases provided by laws;

3) study the case law of courts and other institutions handling disputes and complaints, as well as effective court decisions, judgements, rulings and case material. If a dispute or complaint was heard in a closed court hearing, access shall be granted only to that part of the case material which does not contain any information by reason whereof the complaint or dispute was heard in a closed court hearing;

4) make copies of the documents of the case where the advocate is a representative or a defence counsel, with the exception of the cases to be heard in a closed court hearing;

5) attest copies of documents related to the provision of legal services. The procedure for attesting and registering copies shall be established by the Lithuanian Bar Association upon agreement with the Ministry of Justice of the Republic of Lithuania;

6) exercise other statutory rights related to advocate’s activities.

 

Article 45. Advocate’s right to communicate and meet with the client

1. Hindering an advocate from communication and meeting with a client in private shall be prohibited.

 

2. Data from meetings or conversations between an advocate and a client may not be used as evidence.

 

Article 46. Guarantees of advocate’s activities

1. An advocate may not be summoned as a witness or made to give explanations as to the circumstances which came to the advocate’s knowledge in discharging the professional duties.

 

2. In discharging their professional duties, advocates may not be identified with their clients and their cases.

 

3. It shall be prohibited to examine, inspect, or seize an advocate’s activity documents or files containing data related to the advocate’s professional activities, examine postal dispatches, wiretap and control any other information transmitted over telecommunications networks and other communications or actions, with the exception of the cases when the advocate is suspected or accused of a criminal offence. The prohibition shall not apply to documents that are related to the allegations or charges made against the advocate.

 

4. A search or seizure at the office, residential premises, or a motor vehicle of an advocate entered on the list of practising advocates of Lithuania, personal search, examination, inspection or seizure of documents and postal dispatches may be conducted only in the presence of a member of the Council of the Lithuanian Bar or an advocate authorised thereby. The Lithuanian Bar Association must approve the list of advocates authorised by the Lithuanian Bar Association and submit it to the institutions concerned. A member of the Council of the Lithuanian Bar or an advocate authorised thereby in whose presence these measures are implemented must ensure that documents unrelated to the allegations or charges made against the advocate are left intact.

 

5. Getting public or secret access to the information subject to advocate’s professional secrecy and using it as evidence shall be prohibited. Information subject to advocate’s professional secrecy shall encompass the fact of consulting the advocate, the terms and conditions of the contract with the client, the information and data provided by the client, the nature of the consultation and the data collected by the advocate at the request of the client, as well as other content of communication between the advocate and the client, including meetings, correspondence, telephone conversations, and other forms of communication.

 

6. The Lithuanian Bar Association must be notified of the fact that an advocate has become a suspect or a defendant or procedural actions have been taken.

 

Article 47. Right to meet with an advocate under detention or arrest

Members of the Council of the Lithuanian Bar or an advocate appointed thereby shall have the right to meet with a detained or arrested advocate in accordance with the procedure established by laws.

 

SECTION NINE

DOCUMENTATION OF AND PAYMENT FOR LEGAL SERVICES

 

Article 48. Agreement between a client and an advocate

1. A client shall agree with an advocate, advocates, or a professional partnership of advocates on the provision of legal services by concluding a contract. Such contracts shall be stored and their records shall be maintained at the advocate’s office or at the registered office of the professional partnership of advocates.

 

2. An advocate may be appointed to provide state-guaranteed legal aid in accordance with the procedure established by laws.

 

Article 49. Documentation of advocate’s powers

1. While carrying out requests under agreement or appointment, an advocate shall present the contract for legal services or an extract thereof, the warrant of attorney in criminal proceedings, or the decision on the provision of state-guaranteed legal aid.

 

2. Where an extract from the contract is presented, it must specify the following:

1) first name and surname of the advocate;

2) law firm name or the name of the professional partnership referred to in Article 26(3) or Article 27(2) of this Law respectively;

3) date of the contract for the provision of legal services and the date of the extract from the contract;

4) powers granted and the person defended or represented;

5) signature of the advocate.

 

Article 50. Payment for legal services provided by an advocate, expenses related to advocate’s activities and other payments

1. The clients shall pay to the advocate a fee agreed by the parties for the provision of legal services under the contract.

 

2. In civil cases and where an action is brought in a criminal case, the agreement on the size of an advocate’s fee may be conditioned on the outcome of the case, unless this conflicts with the principles governing the activities of advocates.

 

3. The determination of the advocate’s fee for legal services, must take account of the complexity of the case, the qualification and experience of the advocate, the financial status of the client, and other relevant circumstances.

 

4. Expenses related to the advocate’s activities shall be covered from the advocate’s fee for the legal services provided under the contract. Expenses related to the activities of advocates providing state-guaranteed legal aid shall be covered in accordance with the procedure established by the legal acts regulating the provision of state-guaranteed legal aid.

 

5. On behalf of and from the funds of the client, an advocate shall have the right to pay the stamp duty, state fees and charges or other payments related to the provision of legal services. The funds temporarily held by advocates but owned by other persons shall be accounted for separately and kept in deposit accounts of advocates. Funds kept in these accounts may not be used for recovery in respect of the obligations of the advocate.

 

Article 51. Disputes over the provision of legal services

1. In the event of a dispute between a client and an advocate over legal services, the client shall have the right to apply to the Lithuanian Bar Association or a court.

 

2. Disputes between clients and advocates over legal services shall be settled at the Lithuanian Bar Association by the Council of the Lithuanian Bar or a body set up thereby. The said disputes shall be settled in accordance with the procedure established by the Council of the Lithuanian Bar upon agreement with the Ministry of Justice of the Republic of Lithuania. The Council of the Lithuanian Bar or a body set up thereby shall have the right to adopt guidance decisions.

 

3. A Client who is a natural person and who, for purposes other than business, trade, craft, or profession (for consumer’s purposes), seeks to conclude or concludes a contract with an advocate for the provision of legal services, shall have the right to apply to a commission set up by the Council of the Lithuanian Bar (hereinafter referred to as the Commission) for the establishment of the unfairness of the standard terms and conditions of the said contract. The Commission shall consist of five members. Three members of the Commission shall be appointed by the Council of the Lithuanian Bar and the remaining two members shall be appointed by the Minister of Justice. The rules of procedure of the Commission shall be approved by the Council of the Lithuanian Bar upon agreement with the Ministry of Justice of the Republic of Lithuania. The decision of the Commission shall come into force and shall be binding unless an appeal is lodged with Vilnius Regional Court within 30 days from the delivery of the decision to the parties of the dispute. The effective decision of the Commission shall be an enforceable document. If the decision is not executed, it may be enforced in accordance with the procedure established by the Code of Civil Procedure.

 

SECTION TEN

DISCIPLINARY LIABILITY OF ADVOCATES/ASSISTANT ADVOCATES

 

Article 52. Instituting and hearing disciplinary actions against advocates

1. A disciplinary action may be instituted against an advocate for violations of the requirements of this Law and the Code of Ethics of Lithuanian Advocates, as well as for professional misconduct.

 

2. The decision to institute a disciplinary action shall be taken by the Lithuanian Bar Association or the Minister of Justice.

 

3. Disciplinary actions against advocates shall be heard by the Court of Honour of Advocates. The applicant for instituting a disciplinary action shall also have the right to participate in the consideration by the Lithuanian Bar Association to institute a disciplinary action and in the hearings of the disciplinary action.

 

4. The procedure for hearing disciplinary actions against advocates shall be established by the Lithuanian Bar Association and published by the Minister of Justice in the Register of Legal Acts. The Minister of Justice may refuse to publish the procedure for hearing disciplinary actions against advocates if it conflicts with this Law or other legal acts. The refusal of the Minister of Justice to publish this procedure may be appealed against to court in accordance with the procedure established by the Law on Administrative Proceedings.

 

Article 53. Types of disciplinary sanctions

The Court of Honour of Advocates may impose the following disciplinary sanctions on an advocate for the violations referred to in Article 52(1) of this Law:

1) censure;

2) reprimand;

3) public reprimand;

4) proposal to annul the decision of the Lithuanian Bar Association to admit the person to the bar.

 

Article 54. Disciplinary liability of assistant advocates

1. The provisions of this Section shall also apply to assistant advocates, except for the provision laid down in Article 53(4) of this Law.

 

2. In addition to the disciplinary sanctions listed in points 1 to 3 of Article 53 of this Law, a disciplinary sanction of removal from the list of assistant advocates of Lithuania may be imposed on an assistant advocate.

 

Article 55. Appeals against decisions of the Court of Honour of Advocates

Decisions of the Court of Honour of Advocates may be appealed against to Vilnius Regional Court within 30 days from the delivery of a copy of the decision to the advocate or assistant advocate.

 

SECTION ELEVEN

SELF-GOVERNANCE OF ADVOCATES

 

Article 56. Lithuanian Bar Association

1. The self-governance of advocates shall be implemented by the Lithuanian Bar Association. The Lithuanian Bar Association shall be a public legal person. Its registered office shall be located in Vilnius.

 

2. The activities of the Lithuanian Bar Association shall be regulated by the Law of the Republic of Lithuania on Associations, insofar as this Law does not provide otherwise, and by the statute of the Lithuanian Bar Association.

 

3. The provisions of the Law of the Republic of Lithuania on Associations shall apply to the Lithuanian Bar Association insofar as its rights as an association, guarantees of activities, submission of a set of annual financial statements to the Register of Legal Entities, restructuring and termination thereof are concerned.

 

4. Every advocate shall be a member of the Lithuanian Bar Association. The membership of the advocate removed from the list of practising advocates of Lithuania may be suspended in accordance with the procedure established by the statute of the Lithuanian Bar Association.

 

5. The activities of the Lithuanian Bar Association shall be financed from the contributions paid by advocates and from other sources.

 

6. In performing the functions specified in Article 57 of this Law, the Lithuanian Bar Association shall have the right to obtain from state and municipal institutions, as well as from registers and state information systems necessary documents or copies thereof, information and data, including the lists of advocates, assistant advocates, lawyers from Member States of the European Union, persons seeking admission to the bar and persons seeking entry on the list of assistant advocates of Lithuania or the list, personal data, and  information on previous convictions of lawyers from Member States of the European Union who are entitled to provide legal services in the Republic of Lithuania on a permanent basis.

 

7. In performing the functions laid down in this Law and relating to instituting a disciplinary action against an advocate or an assistant advocate, the Lithuanian Bar Association shall, in addition to the rights specified in paragraph 6 of this Article, have the right to obtain from natural or legal persons necessary information, documents or copies thereof, and data, including the applicants’ personal data and information on their previous convictions.  

 

Article 57. Functions of the Lithuanian Bar Association

1. The Lithuanian Bar Association shall have the following functions:

1) coordinating the activities of advocates;

2) representing the interests of advocates before state institutions, international and foreign organisations;

3) drafting legal acts on matters relating to the activities of advocates and submitting them to the Ministry of Justice of the Republic of Lithuania;

4) monitoring the activities of advocates in accordance with the procedure established by this Law and other legal acts;

5) organising and implementing the upskilling of advocates;

6) repealed as of 1 January 2009;

7) processing, in accordance with the procedure established by legal acts, of personal data and information on previous convictions of advocates, assistant advocates, and lawyers from Member States of the European Union who are entitled to provide legal services in the Republic of Lithuania on a permanent basis;

8) submitting conclusions on draft legal acts related to the implementation of the right to fair trial;

9) carrying out other functions laid down in this Law.

 

2. The Lithuanian Bar Association may also perform other functions laid down in the statute of the Lithuanian Bar Association.

 

Article 58. Bodies of the Lithuanian Bar Association

1. The bodies of the Lithuanian Bar Association shall be as follows:

1) General Meeting of Advocates;

2) Council of the Lithuanian Bar;

3) Court of Honour of Advocates;

4) Auditing Commission.

 

2. The same person may simultaneously hold membership of only one body of the Lithuanian Bar Association, with the exception of the General Meeting of Advocates.

 

3. All decisions of the bodies of the Lithuanian Bar Association shall be appealed against to court within one month from the date of their adoption, unless a special appeal procedure is laid down in this Law.

 

Article 59. General Meeting of Advocates

1. The General Meeting of Advocates shall constitute the supreme body of the Lithuanian Bar Association.

 

2. The General Meeting of Advocates shall:

1) establish the number of members of the Council of the Lithuanian Bar and the Auditing Commission;

2) elect and dismiss, in accordance with the procedure established by the statute of the Lithuanian Bar Association, members and the Chairperson of the Council of the Lithuanian Bar, members of the Auditing Commission, and three members of the Court of Honour of Advocates;

3) approve the annual statement and estimate of the activities of the Council of the Lithuanian Bar;

4) adopt and amend the statute of the Lithuanian Bar Association and the Code of Ethics of Lithuanian Advocates, which is published by the Minister of Justice in the Register of Legal Acts. The Minister of Justice may refuse to publish the Code of Ethics of Lithuanian Advocates if it conflicts with this Law or other legal acts. The refusal of the Minister of Justice to publish the Code of Ethics of Lithuanian Advocates may be appealed against to court in accordance with the procedure established by the Law on Administrative Proceedings;

5) on the recommendation of the Council of the Lithuanian Bar, approve the rate of contributions paid by advocates to the Lithuanian Bar Association;

6) approve the procedure for hearing disciplinary actions against advocates;

7) take decisions on other matters provided for in the statute of the Lithuanian Bar Association.

 

3. The General Meeting of Advocates shall be valid if attended by more than half of all the advocates entered on the list of practising advocates of Lithuania. Where technical possibilities exist, advocates may register for, attend and vote at the General Meeting of Advocates remotely in advance or in real time by means of electronic communications (hereinafter referred to as the remote mode) in accordance with the procedure established by the Council of the Lithuanian Bar.

 

4. Decisions at the General Meeting of Advocates shall be adopted by open ballot, with the exception of the cases specified by this Law and the statute of the Lithuanian Bar Association. When advocates vote remotely by open ballot, the establishment of their identity and voting results must be ensured. In the event of war, state of emergency, mobilisation, lockdown, emergency or emergency event all decisions shall be taken by open ballot, with the exception of the cases where the General Meeting of Advocates decides otherwise.

 

5. The statute of the Lithuanian Bar Association may provide that, instead of the General Meeting of Advocates, a meeting/conference of representatives of advocates shall be convened and shall perform the functions assigned to the General Meeting of Advocates in points 2(3), 2(5), 2(6), and 2(7) of this Article.

 

6. The number of participants and the principles of representation at a meeting/conference of representatives of advocates shall be established by the statute of the Lithuanian Bar Association. The procedure for remote attendance and voting at a meeting/conference of representatives of advocates shall be established by the Council of the Lithuanian Bar.

 

Article 60. Council of the Lithuanian Bar

1. The Council of the Lithuanian Bar shall constitute the governing body of the Lithuanian Bar Association. The Council of the Lithuanian Bar shall be elected from among advocates for a term of four years. Membership of the Council of the Lithuanian Bar shall be limited to advocates having a record of at least ten years of practice as advocates. The Council of the Lithuanian Bar shall be headed by the Chairperson. The Council of the Lithuanian Bar shall have the right to authorise the Chairperson to perform a part of the functions of the  Council of the Lithuanian Bar specified in legal acts, with the exception of the functions specified in points 2(1), 2(3), 2(5), 2(6), 2(7), 2(9), 2(10), 2(12), 2(13), 2(15), 2(17), 2(18), 2(19), 2(20), 2(21), 2(22) and 2(23) of this Article and perform the function specified in point 2(8) of this Article to the extent it is related to the entering of assistant advocates on the list of assistant advocates of Lithuania.  The Chairperson of the Council of the Lithuanian Bar shall be elected by the General Meeting of Advocates for a term of four years in accordance with the procedure established by the statute of the Lithuanian Bar Association.

 

2. In addition to the functions assigned to governing bodies by the Civil Code, the Council of the Lithuanian Bar shall:

1) adopt decisions on the admission of applicants to the bar and enter them on the list of persons admitted to the bar, annul the decisions on the admission to the bar and remove the persons from the list of persons admitted to the bar;

2) engage in coordination on legal acts that must be agreed by the Ministry of Justice of the Republic of Lithuania with the Lithuanian Bar Association pursuant to this Law;

3) appoint members to the bar examination commission and nominate its chairperson;

4) issue licences to advocates;

5) establish the procedure for attesting and registering the copies referred to in Article 44(5) of this Law;

6) establish detailed requirements applicable to an advocate’s office, the procedure for registering an advocate’s office, and the procedure for granting permission to open offices in the same buildings as a police establishment, a prosecutor’s office or a court;  

7) decide on entering advocates on, or removing them from the list of practising advocates of Lithuania;

8) decide on entering assistant advocates on, or removing them from the list of assistant advocates of Lithuania;

9) establish the procedure for serving an apprenticeship of an assistant advocate;

10) decide on instituting a disciplinary action against an advocate or an assistant advocate;

11) register lawyers from Member States of the European Union who wish to practise as advocates in the Republic of Lithuania;

12) perform the functions of a competent authority in the process of recognition of professional apprenticeships of assistant advocates in accordance with Article 57 of the Law of the Republic of Lithuania on Recognition of Regulated Professional Qualifications;

13) upon agreement with the Ministry of Justice of the Republic of Lithuania, establish the criteria for assessment of the provision of effective and regular legal services and the level of required expertise in domestic law of the Republic of Lithuania pursuant to Articles 68(1) and 69(1) of this Law;

14) approve the list of advocates and submit it to the institutions concerned pursuant Article 46(4) of this Law;

15) upon agreement with the Ministry of Finance of the Republic of Lithuania, establish the procedure for recognising and accounting for income and expenses of self-employed advocates and advocates practising in a partnership;

16) organise, in accordance with the rules approved by the Lithuanian Bar Association for assessment of the quality of secondary legal aid, the quality review of the activities of advocates and assistant advocates providing secondary legal aid;

17) establish the procedure for registering the law firm names used in the pursuit of the advocates’ activities as referred to in Articles 26(3), 27(2) and 28(3) of this Law;

18) upon agreement with the Ministry of Justice of the Republic of Lithuania, establish the requirements for advertising advocates’ activities and the procedure for the control thereof pursuant to Article 42(2) of this Law;

19) upon agreement with the Ministry of Justice of the Republic of Lithuania, approve standard terms and conditions of contracts for the provision of legal services entered into by advocates and natural persons who seek to conclude or conclude contracts for purposes other than their business, trade, craft or profession (for consumer’s purposes);

20) upon agreement with the Ministry of Justice of the Republic of Lithuania, approve the procedure for examining disputes between clients and advocates over the provision of legal services and the rules of procedure of the Commission referred to in Article 51(3) of this Law;

21) authorise the Chairperson of the Council of the Lithuanian Bar to sign the amended documents of incorporation of the Lithuanian Bar Association, unless the General Meeting of Advocates decides otherwise;

22) approve the rules for processing personal data obtained by an advocate in the course of executing the request of a client;

23) establish the procedure for registration, attendance and voting at live General Meetings of Advocates and the procedure for attendance and voting at remote meetings/conferences of representatives of advocates;

24) perform other functions laid down in the statute of the Lithuanian Bar Association.

 

3. In performing the functions specified in paragraph 2 of this Article, the Council of the Lithuanian Bar shall have the right to obtain from state and municipal institutions, as well as from registers and state information systems necessary documents or copies thereof, information and data, including the lists, personal data, and information on previous convictions of advocates, assistant advocates, lawyers from Member States of the European Union, persons seeking admission to the bar and persons seeking entry on the list of assistant advocates of Lithuania, and lawyers from Member States of the European Union who are entitled to provide legal services in the Republic of Lithuania on a permanent basis.

 

4. In performing the functions laid down in this Law and relating to instituting a disciplinary action against an advocate or an assistant advocate, the Council of the Lithuanian Bar shall, in addition to the rights specified in paragraph 3 of this Article, have the right to obtain from natural or legal persons necessary documents or copies thereof, information and data, including personal data and information on previous convictions.  

 

Article 61. Court of Honour of Advocates

1. The Court of Honour of Advocates shall hear disciplinary actions against advocates in accordance with the procedure established by the Lithuanian Bar Association and, upon the recommendation of the Council of the Lithuanian Bar, interpret the provisions of the Code of Ethics of Lithuanian Advocates. The Court of Honour of Advocates shall consist of five members.

 

2. Membership of the Court of Honour of Advocates shall be limited to advocates having a record of at least ten years of practice as advocates. The Court of Honour of Advocates shall be composed in accordance with the following procedure:

1) three members from among advocates shall be elected by the General Meeting of Advocates;

2) two members from among advocates shall be appointed by the Minister of Justice.

 

3. The term of office of the Court of Honour of Advocates shall be four years.

 

4. The Court of Honour of Advocates may hear disciplinary actions, provided at least three members of the Court are appointed.

 

5. At its first meeting, the members of the Court of Honour of Advocates shall elect its Chairperson and a Secretary.

 

6. Minutes shall be taken of all the meetings of the Court of Honour of Advocates.

 

Article 62. Auditing Commission

1. The Auditing Commission shall constitute the supervisory body of the Lithuanian Bar Association, responsible for reviewing the financial activities of the Lithuanian Bar Association.

 

2. The Auditing Commission shall be elected for a term of four years from among advocates having a record of at least five years of practice as advocates.

 

SECTION TWELVE

RIGHT OF LAWYERS FROM MEMBER STATES OF THE EUROPEAN UNION TO PROVIDE SERVICES IN THE REPUBLIC OF LITHUANIA

ON A TEMPORARY BASIS

 

Article 63. Right of lawyers from Member States of the European Union to provide services in the Republic of Lithuania on a temporary basis

1. Lawyers from Member States of the European Union who hold the legal professional title conferred on them by their home country’s competent authority and included in the list approved by the Government of the Republic of Lithuania or an institution authorised thereby shall have the right to provide services in the Republic of Lithuania on a temporary basis under Article 50 of the Treaty establishing the European Community in accordance with the provisions of this Section.

 

2. A lawyer from a Member State of the European Union shall provide services in the Republic of Lithuania on a temporary basis under the legal professional title conferred on the lawyer by the competent authority in the Member State of the European Union and shall indicate the legal professional title in the official language or in one of the official languages of the Member State of the European Union concerned and the professional (self-governing) organisation of which the lawyer is a member or the competent authority whereby the lawyer is authorised to practise under the legal professional title of the Member State of the European Union. A lawyer from a Member State of the European Union shall provide services in the Republic of Lithuania on a temporary basis within the scope of qualification obtained in the Member State of the European Union in which the legal professional title was conferred on the lawyer.

 

3. A lawyer from a Member State of the European Union who provides services in the Republic of Lithuania on a temporary basis shall have the following rights:

1) for representation of clients in court or before state and municipal institutions and agencies, provide services in accordance with the requirements laid down for Lithuanian advocates entered on the list of practising advocates of Lithuania, with the exception of the requirements regarding advocate’s office and membership of the Lithuanian Bar Association;

2) where laws provide for mandatory participation of an advocate, provide services in legal proceedings only in conjunction with an advocate entered on the list of practising advocates of Lithuania. This shall not give rise to contractual relations between the client and the advocate entered on the list of practising advocates of Lithuania, unless otherwise agreed by the parties;

3) exercise the rights established by laws of the Republic of Lithuania in respect of the provision of legal services.

 

4. While representing clients in court or before state and municipal institutions and agencies, lawyers from Member States of the European Union referred to in paragraph 1 of this Article must comply with the requirements of laws of the Republic of Lithuania and the Code of Ethics of Lithuanian Advocates, in addition to the requirements of legal acts of the Member State of the European Union in which the legal professional title was conferred on them.

 

5. Lawyers from Member States of the European Union referred to in paragraph 1 of this Article who pursue activities other than those referred to in paragraph 4 of this Article must comply with the requirements and rules of professional conduct of the Member State of the European Union in which the legal professional title was conferred on them, without prejudice to the laws of the Republic of Lithuania and the Code of Ethics of Lithuanian Advocates, in particular the rules governing the activities of advocates relating to the incompatibility of the exercise of the advocate’s activities with the exercise of other activities in the Republic of Lithuania, as well as rules on professional secrecy, relations with other lawyers, prohibition on the same lawyer to represent conflicting parties, and rules on publicity. These rules shall be applicable insofar as they can be observed by a lawyer from a Member State of the European Union who is not established in the Republic of Lithuania and to the extent to which their observance is objectively justified by the need to ensure proper exercise of the lawyer’s activities in the Republic of Lithuania and the standing of the profession.

 

6. In the event of a breach of the obligations established in this Section, a lawyer from a Member State of the European Union who provides services in the Republic of Lithuania on a temporary basis shall be held liable in accordance with the disciplinary procedure established in Section Ten of this Law. The lawyer from a Member State of the European Union must provide the Lithuanian Bar Association with all the information required for hearing and deciding on the disciplinary action against the lawyer. The decision taken in the disciplinary action against the lawyer from a Member State of the European Union who provides services in the Republic of Lithuania on a temporary basis must be communicated by the Lithuanian Bar Association to the competent authority of the Member State of the European Union in which the legal professional title was conferred on the lawyer.

 

7. Prior to providing legal services in the Republic of Lithuania on a temporary basis, a lawyer from a Member State of the European Union must present to the Lithuanian Bar Association a document issued by the competent authority of the Member State of the European Union attesting to the lawyer’s professional qualification. The Lithuanian Bar Association may request additional documents if the lawyer’s professional qualification may not be established on the basis of the provided documents.

 

SECTION THIRTEEN

RIGHT OF LAWYERS FROM MEMBER STATES OF THE EUROPEAN UNION TO PROVIDE LEGAL SERVICES IN THE REPUBLIC OF LITHUANIA

ON A PERMANENT BASIS (RIGHT OF ESTABLISHMENT)

 

Article 64. Terms for acquiring the right of lawyers from Member States of the European Union to provide legal services in the Republic of Lithuania on a permanent basis under the legal professional title conferred on them by the competent authority of their home country

1. The right to provide legal services in the Republic of Lithuania on a permanent basis shall be enjoyed by lawyers from Member States of the European Union who hold the legal professional title conferred on them by their home country’s competent authority and included in the list approved by the Government of the Republic of Lithuania or an institution authorised thereby.

 

2. The Lithuanian Bar Association shall be in charge of registering the lawyers from Member States of the European Union who wish to provide legal services in the Republic of Lithuania on a permanent basis.

 

3. A lawyer from a Member State of the European Union who wishes to provide legal services in the Republic of Lithuania on a permanent basis shall submit an application to the Lithuanian Bar Association. The application must be accompanied by the following documents:

1) a document attesting to the person’s identity and citizenship;

2) a document issued by a competent authority of the Member State of the European Union attesting to the person’s registration with the said authority. This document must be issued not earlier than three months before its submission to the Lithuanian Bar Association;

3) a document of insurance against professional civil liability for the damage caused to a client in providing legal services or a guarantee of compensation for such damage.

 

4. The application referred to in paragraph 3 of this Article and drawn up by the applicant shall be submitted in the Lithuanian language. Documents issued in Member States of the European Union and submitted to the Lithuanian Bar Association do not need to be legalised and shall not be subject to equivalent formalities. Where there are reasonable grounds for doubt, the Lithuanian Bar Association may require the competent authority of a Member State of the European Union to attest the authenticity of the documents issued in that Member State. Prior to submission, documents shall be translated into the Lithuanian language, and their translation must be certified by the signature of the person who has done the translation, unless legal acts provide otherwise.

 

5. A lawyer from a Member State of the European Union shall acquire the right to provide legal services in the Republic of Lithuania on a permanent basis from the date of the registration in the list, managed by the Lithuanian Bar Association, of the lawyers from Member States of the European Union who are entitled to provide legal services in the Republic of Lithuania on a permanent basis. The Lithuanian Bar Association shall publish the list on its website. The information presented in the list shall mutatis mutandis be subject to provisions of Article 24 of this Law. The registration of a lawyer from a Member State of the European Union in the list, managed by the Lithuanian Bar Association, of the lawyers from Member States of the European Union who are entitled to provide legal services in the Republic of Lithuania on a permanent basis shall also be communicated by the Lithuanian Bar Association to the competent authority of the home country of that lawyer.

 

6. A lawyer from a Member State of the European Union shall be deregistered from the list of lawyers from Member States of the European Union who are entitled to provide legal services in the Republic of Lithuania on a permanent basis if the lawyer violates the rules of professional conduct or ethics for advocates laid down in this Law or loses the legal professional title conferred on the lawyer by the competent authority in the Member State of the European Union.

 

7. Decisions of the Lithuanian Bar Association to refuse registering a lawyer from a Member State of the European Union in the list of lawyers from Member States of the European Union who are entitled to provide legal services in the Republic of Lithuania on a permanent basis or to deregister a lawyer from this list must be reasoned. These decisions may be appealed against to Vilnius Regional Court within 30 days from the delivery of the decision to the lawyer from a Member State of the European Union.

 

8. Lawyers from Member States of the European Union who provide legal services in the Republic of Lithuania on a permanent basis under the legal professional title conferred on them by the competent authority of their home country shall be subject to the provisions of this Law, with the exception of Articles 7(2) to 7(6), Articles 9 to19, and Articles 23 and 41 of this Law.

 

Article 65. Rights of lawyers from Member States of the European Union who provide legal services in the Republic of Lithuania on a permanent basis

1. Lawyers from Member States of the European Union who are entitled to provide legal services in the Republic of Lithuania on a permanent basis under the legal professional title conferred on them by the competent authority of their home country shall have the following rights:

1) provide legal services in accordance with the procedure established by this Law, except for representation in legal proceedings in the Supreme Court of Lithuania;

2) where laws provide for mandatory participation of advocates, provide legal services in legal proceedings only in conjunction with an advocate entered on the list of practising advocates of Lithuania. This shall not give rise to contractual relations between the client and the advocate entered on the list of practising advocates of Lithuania, unless otherwise agreed by the parties;

3) exercise the rights established by laws of the Republic of Lithuania in respect of the provision of legal services;

4) open a branch in the Republic of Lithuania in order to provide legal services, provided this is without prejudice to the provisions of the national law governing advocates’ activities in the Member State of the European Union in which the legal professional title was conferred on the lawyer.

 

2. A lawyer from a Member State of the European Union shall provide legal services in the Republic of Lithuania on a permanent basis under the legal professional title conferred on the lawyer by the competent authority of the Member State of the European Union within the scope of qualification obtained in the Member State of the European Union in which the legal professional title was conferred. While providing legal services in the Republic of Lithuania on a permanent basis under the legal professional title conferred on the lawyer by the competent authority of a Member State of the European Union, a lawyer from a Member State of the European Union must indicate the professional title in the official language or in one of the official languages of that Member State of the European Union in an intelligible manner and in such a way as to avoid confusion with the professional title of advocate conferred in Lithuania. While providing legal services in the Republic of Lithuania on a permanent basis under the legal professional title conferred on the lawyer by the competent authority of a Member State of the European Union, a lawyer from a Member State of the European Union must also indicate the professional (self-governing) organisation of which the lawyer is a member or the competent authority whereby the lawyer is authorised to practise under the legal professional title of the Member State of the European Union.

 

3. A lawyer from a Member State of the European Union who is entitled to provide legal services in the Republic of Lithuania on a permanent basis under the legal professional title conferred on the lawyer by the competent authority of the lawyer’s home country shall have the right to participate in the self-governance of Lithuanian advocates.

 

Article 66. Obligations of lawyers from Member States of the European Union who provide legal services in the Republic of Lithuania on a permanent basis

1. Lawyers from Member States of the European Union who are entitled to provide legal services in the Republic of Lithuania on a permanent basis under the legal professional title conferred on them by the competent authority of their home country must meet the following criteria:

1) be covered by insurance against professional civil liability for the damage caused to the client in the course of provision of legal services under this Law, except for the cases where a lawyer from a Member State of the European Union can provide proof of coverage by insurance against professional civil liability for the damage caused to the client in the course of provision of legal services or provide another guarantee of compensation for damage in accordance with the laws of the Member State of the European Union in which the legal professional title was conferred on the said lawyer, and such insurance or guarantee is equivalent to the required insurance in terms of conditions and extent of cover. Insofar as such insurance or guarantee is inequivalent in terms of conditions and extent of cover, the lawyer must take out additional insurance against professional civil liability or otherwise guarantee compensation for such damage so as to meet the requirements of this Law;

2) comply with the Code of Ethics of Lithuanian Advocates and other rules of professional conduct, as well as the requirements of legal acts of the Member State of the European Union in which the legal professional title was conferred on the lawyer;

3) inform the Lithuanian Bar Association about the loss of the legal professional title conferred on the lawyer by the competent authority of the Member State of the European Union (suspension or withdrawal of the right to provide legal services);

4) where a lawyer practises jointly with other persons, provide the Lithuanian Bar Association with the information about a grouping to which the lawyer belongs in the Member State of the European Union and other relevant information on that grouping.

2. A lawyer from a Member State of the European Union who is entitled to provide legal services in the Republic of Lithuania on a permanent basis under the legal professional title conferred on the lawyer by the competent authority of the home country shall pay compulsory contributions established by the General Meeting of Advocates of the Lithuanian Bar Association.

 

Article 67. Disciplinary liability of lawyers from Member States of the European Union who provide legal services in the Republic of Lithuania on a permanent basis

1. Lawyers from Member States of the European Union who are entitled to provide legal services in the Republic of Lithuania on a permanent basis under the legal professional title conferred on them by the competent authority of their home country shall be held liable in accordance with the disciplinary procedure established in Section Ten of this Law. Apart from the disciplinary sanctions listed in points (1) to (3) of Article 53 of this Law, lawyers from Member States of the European Union shall also be liable to the sanction of deregistration from the list of lawyers from Member States of the European Union who are entitled to provide legal services in the Republic of Lithuania on a permanent basis.  Decisions of the Lithuanian Bar Association regarding a disciplinary sanction against a lawyer from a Member State of the European Union who is entitled to provide legal services in the Republic of Lithuania on a permanent basis under the legal professional title conferred on the lawyer by the competent authority of the home country must be reasoned.

 

2. Before instituting a disciplinary action against a lawyer from a Member State of the European Union who is entitled to provide legal services in the Republic of Lithuania on a permanent basis under the legal professional title conferred on the lawyer by the competent authority of the home country, the Lithuanian Bar Association must inform the competent authority in the Member State of the European Union in which the legal professional title was conferred on the lawyer of its intention to  institute a disciplinary action, as well as provide the aforementioned authority with all the relevant information. Throughout the disciplinary proceedings, the Lithuanian Bar Association must cooperate with the competent authority of the Member State of the European Union in which the legal professional title was conferred on the lawyer from the Member State of the European Union. The said authority must also be informed about the decision taken by the Court of Honour of Advocates concerning that lawyer.

 

3. The competent authority in the Member State of the European Union in which the legal professional title was conferred on the lawyer from the Member State of the European Union shall have the right to be heard at any moment throughout the disciplinary proceedings (the right to participate in the disciplinary proceedings, make relevant submissions, etc.).

 

4. If the competent authority in the Member State of the European Union in which the legal professional title was conferred on a lawyer from the Member State of the European Union suspends or withdraws the right of the lawyer from the Member State of the European Union to provide legal services (practise as a lawyer), the said lawyer shall lose the right to provide legal services in the Republic of Lithuania either. Upon the receipt of the notification from a lawyer from a Member State of the European Union or the information from the competent authority of the Member State of the European Union in which the legal professional title was conferred on the said lawyer about the suspension or withdrawal of such right, the Lithuanian Bar Association shall deregister the said lawyer from the list of lawyers from Member States of the European Union who are entitled to provide legal services in the Republic of Lithuania on a permanent basis. Where the right to provide legal services (practise as a lawyer) is temporarily suspended, upon the expiration of the period of the suspension of that right, the Lithuanian Bar Association shall, on the application of the lawyer from a Member State of the European Union, register the said lawyer in the list of lawyers from Member States of the European Union who are entitled to provide legal services in the Republic of Lithuania on a permanent basis.

 

Article 68. Conferral of the Lithuanian professional title of advocate on lawyers from Member States of the European Union after a period of three years of professional practice

1. A lawyer from a Member State of the European Union practising under the legal professional title conferred on the lawyer by the competent authority of the Member State of the European Union who has regularly and effectively provided legal services in domestic and Community law in the Republic of Lithuania on a permanent basis for a period of three years shall have the right to apply for admission to the Lithuanian bar and entry on the list of practising advocates of Lithuania in accordance with the procedure established by this Law. In this case, the lawyer shall be exempt from the requirements laid down in Articles 7(2), 7(3) and 7(6) of this Law. ‘Regular and effective provision of legal services on a permanent basis’ means actual exercise of advocate’s activities without any interruption other than that resulting from life events.

 

2. The lawyer referred to in paragraph 1 of this Article must provide the Lithuanian Bar Association with proof of such regular and effective provision of legal services in domestic law in the Republic of Lithuania on a permanent basis for the last three years. To that end the following requirements shall be met:

1) the lawyer from a Member State of the European Union must provide the Lithuanian Bar Association with all the information and documents, in particular on the number and nature of legal services provided on a permanent basis necessary for admission to the Lithuanian bar and entering on the list of practising advocates of Lithuania in accordance with the procedure established by this Law;

2) the Lithuanian Bar Association shall have the right to verify the effectiveness and regularity of the legal services provided on a permanent basis and, if needed, request the lawyer to provide written or oral clarification or further details on the provided information and documents.

 

3. Documents submitted to the Lithuanian Bar Association under this Article shall be subject to the requirements laid down in Article 64(4) of this Law.

 

4. The refusal of the Lithuanian Bar Association to admit a lawyer from a Member State of the European Union to the Lithuanian bar and enter the lawyer on the list of practising advocates of Lithuania in accordance with the procedure established by this Law under the conditions laid down in paragraph 1 of this Article must be reasoned. This refusal may be appealed against to Vilnius Regional Court within 30 days from the delivery of the said refusal to the lawyer from a Member State of the European Union.

 

Article 69. Conferral of the Lithuanian professional title of advocate on lawyers from Member States of the European Union after a period of less than three years of professional practice in domestic law of Lithuania

1. A lawyer from a Member State of the European Union who has regularly and effectively provided legal services in the Republic of Lithuania on a permanent basis under the legal professional title conferred on the lawyer by the competent authority of the Member State of the European Union for a period of at least three years but practised in domestic law of Lithuania for a smaller period of time yet gained sufficient required knowledge of the domestic law of Lithuania shall have the right to apply for admission to the Lithuanian bar and entry on the list of practising advocates of Lithuania in accordance with the procedure established by this Law. In this case, the lawyer shall be exempt from the requirements laid down in Articles 7(2), 7(3), and 7(6) of this Law.

 

2. In order to take a decision to admit a lawyer from a Member State of the European Union to the Lithuanian bar and to enter the said lawyer on the list of practising advocates of Lithuania in accordance with the procedure established by this Law, the Lithuanian Bar Association shall verify the applicant’s regular and effective provision of legal services on a permanent basis during the period referred to in paragraph 1 of this Article, knowledge and professional experience of the domestic law of Lithuania, as well as attendance of lectures or seminars on the domestic law of Lithuania, including the rules regulating professional practice and conduct. The lawyer from a Member State of the European Union must provide the Lithuanian Bar Association with the necessary information and documents, in particular information on the legal services provided on a permanent basis. Efficiency and regularity of the services provided and the capacity of the lawyer from a Member State of the European Union to continue the provision of legal services shall be assessed and verified by the Lithuanian Bar Association during an interview.

 

3. Documents submitted to the Lithuanian Bar Association under this Article shall be subject to the requirements laid down in Article 64(4) of this Law.

 

4. The decision of the Lithuanian Bar Association to refuse admission of a lawyer from a Member State of the European Union to the Lithuanian bar and entry on the list of practising advocates of Lithuania in accordance with the procedure established by this Law under the conditions laid down in this Article must be reasoned. This decision may be appealed against to Vilnius Regional Court within 30 days from the delivery of the said decision to the lawyer from a Member State of the European Union.

 

Article 70. Conferral of the Lithuanian professional title of advocate on lawyers from Member States of the European Union who hold the professional qualification recognised in the Republic of Lithuania

Lawyers from Member States of the European Union who provide legal services on a permanent basis under the legal professional title conferred on them by the competent authority of the Member States of the European Union concerned and whose professional qualifications received in a Member State of the European Union have been recognised in accordance with the procedure established by the Law of the Republic of Lithuania on Recognition of Regulated Professional Qualifications shall have the right to be admitted to the Lithuanian bar and entered on the list of practising advocates of Lithuania in accordance with the procedure established by this Law. In this case, the lawyers in question shall be exempt from the requirements laid down in Articles 7(2), 7(3), 7(6), 68 and 69 of this Law.

 

Article 71. Right to use the legal professional title conferred by the competent authority of a Member State of the European Union alongside the Lithuanian title of advocate

A lawyer from a Member State of the European Union who has been admitted to the Lithuanian bar and entered on the list of practising advocates of Lithuania in accordance with the procedure established by this Law shall be entitled to use, alongside the Lithuanian title of advocate, the legal professional title conferred on the lawyer by the competent authority of the Member State of the European Union and indicated in the official language or in one of the official languages of that Member State of the European Union.

 

Article 72. Cooperation of the Lithuanian Bar Association with the competent authorities of Member States of the European Union conferring legal professional titles on lawyers from Member States of the European Union

For the purpose of implementing the provisions of legal acts of the European Union regulating the activities of lawyers, the Lithuanian Bar Association must cooperate with and provide the required assistance to the competent authorities of Member States of the European Union in which legal professional titles were conferred on lawyers from Member States of the European Union.

 

SECTION FOURTEEN

FINAL PROVISIONS

 

Article 73. Entry into force of the Law

This Law shall enter into force in accordance with the Law on the Entry into Force and Implementation of the Law of the Republic of Lithuania on the Bar.

 

I promulgate this Law passed by the Seimas of the Republic of Lithuania.

 

 

 

PRESIDENT OF THE REPUBLIC                                                  ROLANDAS PAKSAS

 

Annex to

Republic of Lithuania

Law on the Bar

 

LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW

 

1. Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (OJ 2004 special edition, Chapter 6, Volume 1, p. 52) with the latest amendments adopted by Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons by reason of the accession of Bulgaria and Romania (OJ 2006 L 363, p. 141). 

 

2. Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (OJ 2004 special edition, Chapter 6, Volume 3, p. 83) with the latest amendments adopted by Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons by reason of the accession of Bulgaria and Romania (OJ 2006 L 363, p. 141). 

 

3. Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty (OJ 2013 L 294, p.1).