English lawyers in Europe still face huge challenges after Brexit, legal chief warns
English lawyers working in Europe continue to face a host of issues following the UK’s exit from the European Union, the president of Law Society of England and Wales has said, warning it could impact the appeal of working with English Law.
According to the Law Society, following the end of the Brexit transition period, English lawyers who were not admitted to practise as an European Economic Area (EEA) lawyer are now treated as third-country lawyers, as the EU lawyers’ directives no longer apply to English and Welsh solicitors.
The EU lawyers’ directives allowed a lawyer who is qualified in one EU member state to practice on a permanent basis in any other member state.
But after the UK’s departure from the bloc, each EU country must decide whether it wants to allow English and Welsh lawyers to practise there or not. Some countries such as France decided in May 2021 to allow British lawyers to continue advising clients on English and international law after Brexit, but other EU states have not.
President of the group, Nick Emmerson, told Morning Wire that English law is a “dominant force in a lot of the European jurisdictions, but post-Brexit, the brakes were put on… so we need to get those brakes released.”
“I was in Greece in September, and it’s still not lawful for English and Welsh lawyers to practise English law in Greece. When you think that that’s a huge maritime hub and many City-based maritime insurers and others want contracts under English law, it is a big problem,” said Emmerson, who was elected as the 179th president of the Law Society in October.
Responding to his remarks, a spokesperson for the Ministry of Justice said: “We have negotiated the UK-EU Trade and Cooperation Agreement which secures certain rights for UK lawyers to practise in the EU. We continue to ensure the sector derives maximum benefit from this, including accessing new opportunities in Europe and other global jurisdictions.
“The UK is the largest market for legal services in Europe and the government remains committed to maintaining the sector’s success and promoting it at key international and domestic events, such as London International Disputes Week and the International Bar Association Conference.”
Emmerson’s comments come after the chair of Canada Law Society said more must be done to promote the “brand of English law” following concerns that major corporate contracts are being written up under laws in other European nations.