International Trade in Services.pdf - DSpace at Khazar University

94 International Trade in Services
Table 3.9. A Checklist of Questions on Trade-Related Aspects of Legal Services Reform
(continued)
13. For contractual service suppliers, do the same restrictions apply to employees of law
firms and to independent lawyers
14. Are there prior experience requirements or postqualification experience requirements
attached to the granting of visas
Reviewing licensing and qualification requirements
1. What laws and regulations discipline the licensing of legal services
2. By whom are licenses issued and monitored
3. Are licenses required of domestic or foreign companies (or both)
4. Are foreign service suppliers subject to different licensing conditions than domestic
suppliers
5. Is multidisciplinary practice allowed
6. What are the qualification requirements to practice host country law How long is the
period of local practice required under supervision before qualification
7. Is recognition of foreign qualifications provided for
8. By whom are applications treated How frequent are exams for qualification carried
out Is it a transparent process
9. Are there differential restrictions on domestic lawyers practicing abroad
10. Are there any qualification requirements concerning the practice of foreign country law
or international law If yes, is there a different or limited licensing scheme for foreign
practitioners interested in practicing only home country law, third-country law (for
which they possess a qualification), or international law
11. Are these practitioners required to observe the host country rules of professional
conduct Are these practitioners considered lawyers
12. Are these practitioners allowed to provide advisory services on host country law if such
advice is based on the advice of a fully qualified local lawyer
13. Can these practitioners present themselves as members of the local profession or do
they have to use a different title If so, in which language
14. Do these practitioners need to register with the local bar or pass a professional
examination Is such an examination different from a full local professional
examination In which language is the examination carried out
15. Do these practitioners need to have practiced for a certain number of years in their
home country to be licensed to practice in the host country If so, how many
years
Pursuing preferential integration
1. Are there any preferential agreements affecting the supply of legal services and the
movement of natural persons Which measures are subject to preferential treatment
2. What conditions must foreign suppliers fulfill to meet the requirements of existing
mutual recognition agreements to which host country providers are parties to Do
foreign service providers need to be locally established to be eligible for participation in
a mutual recognition agreement
3. Does the importing country maintain preferential access arrangements for developingcountry
service providers