Thank you for your email to the International Bar Association which I have now had an opportunity to review fully. The description you provide of the concepts of ‘attorney at law’ and ‘voluntary bar association’ reflect similar situations found in many jurisdictions around the world. The International Bar Association cannot express any particular preference as to how the phrase ‘attorney at law’ is made given that we bring together over 150 jurisdictions, each of which will have their own level of regulation of the profession. Therefore, the direct matter of the dispute with the Finnish Bar Association is not something that we can assist with or comment on.

What the IBA does aim to do is set standards by which we hope that anyone undertaking legal work will strive to achieve. We have a range of Guidelines and Resolutions passed by the IBA Council on which around 200 bar associations are represented and we encourage all our member bars, both regulatory and voluntary to use these documents. You can access all of the documents at: http://www.ibanet.org/barassociations/BIC_resources.aspx

I can acknowledge that the general topic of who can practise law is a very ‘hot’ issue and in fact the IBA will have a Showcase session on this theme at the IBA’s Annual Conference in Vienna this October. Entitled ‘Blurred Lines – what does it mean to be a lawyer in the 21st century? We will examine the many different regulatory approaches that now exist to permit the ‘practice of law’ by non-lawyers, accountants, listed companies, legal service providers, multidisciplinary firms and many other alternatives. Where there are any points of consensus, we may carry out further research to see if the IBA can provide any further guidelines that address these regulatory issues.

Yours sincerely

Margery Nicoll

Chair BIC

Description: Description: Description: IBA logo email signature

Dear Madam

In Finland, there are now two groups of private counsels that can represent a party at courts which give verdicts in criminal and civil matters:
1) advocates, that have been accepted to general Bar association by the board of that association and
2) attorneys, that have been given a special lisence by a board nominated by our governement.
Finland has not monopolized counselling or representing a party to advocates only.
Finland does not have a common law tradition.

Some lawyers that have acquired the lisence have recently founded an association for lisencees.
They do not want to belong to the general Bar association for a reason or another.
The new association is called Auktorisoidut Lakimiehet – Auktoriserade Jurister – Authorized Attorneys at Law.
The name has been approved by the finnish registry officials.

We have now a dispute in Finland about how those not Advocates are allowed to call themselves in an international context.

The Finnish Bar association has started a court case against our association claiming that our name shouldnt include words ”authorized” , ”attorneys” or ”attorneys at law” or ”authorized attorneys at law”. The general Bar association claims even so that no other person in Finland than an advocate (a member of the general bar association in Finland) can call him/herself as ”attorney” or ”attorney at law”.

Going through different dictionaries and translations of laws it appears that the words ”attorney at law” and ”attorney” have not been reserved to advocates – members of the general Bar association. They seem to be
general terms that express the capability of a person to represent a party.
Lisenced attorneys are allowed to do that. In our opinion we can also consider us to be authorized because the special board has authorized us to represent parties at the court of law.

It would be interesting to get an opinion from your association: do you think that no one else but an advocate can call him/herself an attorney – or attorney at law?

We would also be delighted if you could give us an opinion whether we are allowed to call our association a voluntary Bar association.

The case against our association has been filed by the general Bar association at Helsinki district court. Oral hearing has not been confirmed yet.

Best regards

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Auktorisoidut Lakimiehet – Auktoriserade Jurister – Authorized Attorneys at Law ry

Luvan saaneiden oikeudenkäyntiavustajien yhdistys – förening för rättegångsbiträden med tillstånd – association of licensed attorneys (not in the Bar)