International Trade in Services.pdf - DSpace at Khazar University

78 International Trade in Services
Box 3.4: Using Foreign Legal Consultants to Facilitate Trade
The category of foreign legal consultants represents a common means of allowing
foreign lawyers to operate in a market as advisers on a restricted basis. Frequently,
these consultants are prohibited from practicing host country law, but may practice
home country, third-country, or international law with the appropriate qualifications
and licensure (WTO 1998). Foreign legal consultants may also work on providing
legal documentation and certification services and other advisory and information
services.
Jordan, Oman, and Saudi Arabia offer examples. Jordan allows foreign
practitioners to advise on third-country law even though only Jordanian nationals can
represent clients in Jordanian courts (WTO 2000a). Similarly, Saudi Arabia allows
foreign practitioners to advise on third-country law and international law, but
reserves host country law to nationals. Only Saudi nationals may appear in court to
plead cases (WTO 2005). Oman allows foreign practitioners to advise only on home
country law, third-country law, and international law (WTO 2000b). Representation is
reserved to Omani nationals. Thus, foreign law professionals interested in working in
Jordan, Oman, or Saudi Arabia would be allowed to provide advisory services in select
areas. However, they would not be allowed to appear in court in any of the countries.
In addition, they would have to adhere to each country’s licensing requirements and
national rules.
Countries may use the category of foreign legal consultant to facilitate the
practice of home country, third-country, and international law. Practitioners who are
in good standing, have adequate qualifications, and are expert in home country,
third-country, or international law are frequently allowed to practice under this
limited designation. For example, Morocco permits the activity of foreign legal
consultants, while limiting representation in court and specialized legal services to
nationals (World Bank 2007). In Tunisia, in contrast, while the use of the foreign legal
consultant title is tolerated, the absence of a legal framework exposes established
foreign law firms to uncertainty.
practices provide education to members, assist in the management of law
practices, and facilitate crossborder referrals (ABA 2002).
Legal Process Outsourcing Offers New Export
Opportunities
Establishing an online presence and partnering with other law firms can be effective
ways of reaching foreign clients. However, the Internet is helping law firms to
partner, market, and deliver their services, and it has become a prominent tool
among clients seeking to procure legal services. Online case matching is being
used, for example, to post legal needs and request bid proposals from law firms.
Moreover, business process innovation enables the unbundling of legal services
and the consequent outsourcing and offshoring of discrete legal service activities.
Law firms are increasingly specializing and offering distinct products such as