Q My firm is an multi-national partnership.

Most of the partners are solicitors but a number are German Rechtsanwalts, one of whom is based in our London office.

She is registered with the Law Society as a registered European lawyer (REL), but the other Rechtsanwalt partners work exclusively in our German, French, Italian and New York offices and never come here on business.

The Law Society has told us that these overseas partners must be registered with the Society as registered foreign lawyers (RFLs) as a prerequisite to partnership.

This is a significant financial outlay for the firm and it is something we take into account when we review our partnership structure.

One of my colleagues thinks the requirement for registration may be going.

Is this so?

A The position has changed for firms such as yours, as a result of amendments to rule 7(6) of the Solicitors Practice Rules 1990.

These changes took effect on 26 April 2004.

Firstly, solicitors can now practise in England and Wales in partnership with non-registered European lawyers as long as the partnership includes a REL.

Secondly, it no longer matters whether the non-registered European lawyers are based within the area covered by the Establishment Directive or not.

Both 'non-registered European lawyer' and REL are defined in the practice rules.

In your case, this means that you will not need to renew the RFL registrations of your Rechtsanwalt partners who are based outside the UK, assuming that at all times at least one of your partners is a REL.

Bear in mind that as you have only one REL partner, she will have to be replaced or all the non-registered European lawyers will have to become RFLs, if the REL partner requalifies as an English solicitor, returns to practise in her home state, moves to another EU state (other than the UK), or leaves your partnership.

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