Luxembourg bar warns solicitor

An English solicitor who failed a controversial language test has been warned by the Luxembourg bar that she could face criminal charges if she continues to practise law without a licence.

Louise Benjamin, an assistant at Luxembourg firm Ludovissy & Associs, could be charged with practising illegally after failing the test, set by the bar.

As of December last year, foreign lawyers who want to practise in Luxembourg, even under their home professional titles, have to sit the test in French, German and Luxembourgish in order to register with the bar.

This is seen by many as an attempt to restrict foreign lawyers' access to the lucrative Luxembourg legal market.

The test is thought to be illegal under the Lawyers Establishment Directive.

Luxembourg originally launched a legal challenge to the directive in the European Court of Justice, and when that was unsuccessful introduced the language tests within its national legislation.

Ms Benjamin, who qualified in England and Wales last year with City giant Freshfields Bruckhaus Deringer and moved to Luxembourg soon afterwards, was made to sit an oral language exam last month in front of the 15 most senior members of the Luxembourg bar.

She failed the test and afterwards received a letter from the minister of justice saying she was not licensed to practise law and could face criminal charges if she continued.

'I already speak fluent French, Italian, Spanish and English, and I do not want to be bullied and intimidated into learning two more,' she said.

'However, the bar has said that I must either learn the languages or go home.'

Graham Wilson, an English barrister and a partner at Ludovissy & Associs - a member of the European network set up by Manchester firm Pannone & Partners - said the firm would be aggressively appealing against the decision.

'We believe the language test is illegal and unconstitutional because the European directive has no requirement for lawyers to sit a language test.'

Mickel Laurans, the Law Society's international policy executive for Europe, said the Society was following the case closely and was supporting Ms Benjamin in her fight to have the test declared illegal.

Victoria MacCallum