Solicitors weigh up Slovak snag

Solicitors practising in Slovakia have expressed mixed feelings over the latest delay in legislation that would put their presence in the country on a surer footing.The decision of the Slovakian parliament to vote against proposed amendments to the Advocacy Act came on the same day last month that Lord Chancellor's Department minister Baroness Scotland visited the country to press the issue further.The Act faltered after the Slovak Commercial Bar opposed provisions proposing its merger with the Slovak Bar Association.Hugh Owen, head of Allen & Overy's Bratislava office, said: 'We can't decide whether it's good or bad news that the Act hasn't gone through.

The legislation would have provided a clearer situation for us, as opposed to the lack of a regime we have at present, but we now have an opportunity to address provisions in the Act we weren't happy with.'Essentially, the Act would have introduced an 'international lawyer' status for foreign lawyers, enabling them to provide advice on home and international law.However, there are no provisions on the thorny issue of the names foreign law firms can use, while it also requires countries to show reciprocity, that is that other countries provide the same rights to Slovakian lawyers as the Slovaks do in their country.

While this is not an issue for English solicitors given the Law Society's liberal regime, it would be a problem if, for example, an English firm wants to employ a US lawyer in Slovakia.Christian Wisskirchen, the Law Society's policy executive for Europe, said that now the amendments have been thrown out, law firms would be forced to continue operating in an unsatisfactory situation.

'We do, however, now have the opportunity to set up meetings with the Slovak government to address outstanding issues,' he added.Baroness Scotland, minister responsible for international law policy, made her visit to promote British legal services overseas; the issue of practice rights was prominent on the agenda.After meetings with the Slovak Ministry of Justice and Bar Association, she told the Gazette: 'We identified various areas for further co-operation and agreed we must intensify the effort to make Slovakia an area of good justice.'There are real opportunities out there and a lot of enthusiasm for Slovakia to meet European standards.'Andrew Towler