Lawyers’ assistants to represent clients from first year

Latvia’s government on Tuesday backed amendments allowing lawyers’ assistants to represent clients in court and during pretrial proceedings from the start of their work, LSM reported.

The assistants would continue to work under the direction and supervision of a patron lawyer. The Ministry of Justice said the changes were needed because the current requirements are stricter than those in other legal professions, including in Lithuania and Estonia.

The ministry said the quality requirements for assistants to sworn advocates and the procedure for the advocate’s examination would not be weakened.

Under the current law, a lawyers’ assistant must gain at least five years of experience before becoming a sworn advocate. The bill would reduce that period to three years.

Assistants who have already reached five years of experience would have two years to obtain sworn advocate status. The Latvian Council of Sworn Advocates could extend that period for justified reasons.

The amendments would also shorten the waiting period before the first examination for assistants to sworn advocates from one year to six months. The second examination could be taken after 18 months instead of two years.

A lawyer who has practised for at least five years would be allowed to become a patron for an assistant to a sworn advocate. Currently, only sworn advocates with at least seven years of practice may serve in that role.

The bill would also increase the number of assistants a lawyer may have from one to two.