A warm welcome in Brazil You recently reported that the European Commission has turned down an application from the Law Society to fund a training programme in Brazil on the basis that it was not a big enough project (see [2000] Gazette, 14 April, 8).
It's good to see that the Society has the vision to perceive the importance of Brazil, but it's a pity that the commission doesn't.Unfortunately, the article leaves the impression that only English law firms are subject to so-called 'hostility' from the Brazilian Bar.
The truth is that until 13 March of this year there wasn't any regulatory framework for the registration of foreign qualified lawyers in Brazil.
Where is the hostility? In recent years foreign law firms have set themselves up on their own or in 'partnership' with Brazilian lawyers and practised in open competition with local firms without being registered or integrated into the local Bar.
Would the English, French or Americans (amongst the worst offenders) accept Brazilian law firms practising in their respective jurisdictions without being qualified or at least registered as foreign lawyers?So, those who are interested in practising law in Brazil should get themselves down to their local branch of the OAB (Brazilian Bar) and register themselves as foreign law practitioners.
At least in Brazil legal practice isn't excluded to foreigners as it is in so many other countries I could choose to mention.
However, as a foreign practitioner you'll only be able to advise on the law of your home jurisdiction.
Advice upon and the practice of Brazilian law is reserved exclusively to those who have actually qualified in Brazil.
Duncan Macdonald, Betim, MG, Brazil
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