Training and International Events
www.lawsociety.org.uk/international
Doing legal business in Colombia
Training and International Events
The legal profession There are approximately 200,000 lawyers in Colombia, a country with a population of around 46,000,000. Route to qualification The typical route to qualification involves a five year law degree during which students complete vocational training, often at the university’s legal aid clinic. Students are assessed at the end of their studies and must then either complete a thesis or work placement to conclude the qualification process and earn the title abogado. In order to practise, lawyers must register with the government’s National Lawyers’ Registry and must carry a professional ID card issued by the Ministry of Justice when appearing in court. There are no national standards for legal education so universities devise their own curriculums. The following are regarded as the leading universities for lawyers in the country: Universidad del Rosario, Universidad de los Andes, Universidad Javeriana, Universidad Externado de Colombia, Universidad Sergio Arboleda, Universidad Nacional de Colombia, Universidad de Antioquia and Universidad EAFIT. Issues when working with the local profession There is no requirement for continuing professional development. There is no requirement for lawyers or law firms to have professional indemnity insurance, though in practice some of the larger firms do have cover. There are around 30 or so large firms engaged in international work, between them they employ around 1,000 lawyers. Otherwise, most lawyers operate as sole practitioners, working in chambers which share expenses but not profit. Colombia is a ‘recognised jurisdiction’ for the Qualified Lawyers Transfer Scheme (QLTS) meaning Colombian abogados can fast-track to dual qualify as a solicitor in England and Wales. Colombian abogados are also approved by the Solicitors Regulation Authority (SRA) to become Registered Foreign Lawyers (RFL) in order to go into partnership with English solicitors.
Regulation and representation There is no official bar association in Colombia. The closest body representing the corporate side of the profession is the legal services chamber of the business organisation Asociación Nacional de Empresarios de Colombia (ANDI). This body represents around 1,000 commercial lawyers through its 21 law firm members. ANDI estimates that 90 per cent of foreign investment coming into Colombia comes through its member firms. Smaller, boutique firms also engaged in international work tend to belong to the Bogotá Chamber of Commerce (Cámara de Comercio de Bogotá). Lawyers working in criminal and human rights law tend to work as sole practitioners or in the NGO/public sector without a representative body. In early 2012, the Colombian government considered a legal professions bill to introduce a national and mandatory bar but the initiative stalled and it is unlikely to be revived soon. Rules governing the profession can be found in a number of laws and voluntary codes. Law 1123 of 2007 Código Disciplinario del Abogado is the current statute that regulates the legal profession in Colombia, this law partially amended the Law Decree No. 196/1971. Copies of these laws are available from the Law Society.
www.lawsociety.org.uk/international
Many law firms have developed their codes of conduct using these pieces of legislation. Additionally, law firms who are members of ANDI follow its ethical principles including guidance on human rights. The Consejo Superior de la Judicatura is responsible for discipline and complaints against lawyers. Possible sanctions include licence suspension, fines and permanent disbarment.
The legal services market Bogotá is the main legal services hub with secondary centres in Medellín, Barranquilla and Cali. Few law firms have regional offices, preferring to work with local partners in other cities. A small number of international firms from the US, UK and Spain have set up offices in Bogotá. Others have set up alliances with local firms.
Foreign lawyers and law firms Foreign lawyers do not need to register their presence or their intention to provide legal services for occasional or ‘fly in, fly out’ services. However, only Colombian lawyers can appear in court and provide advice on Colombian law. Foreign lawyers can work as in-house advisers for Colombian companies and international companies operating in Colombia. Colombia offers an open market for foreign law firms. There are no rules restricting foreign firms in their operations although only Colombian lawyers can appear in court. Local law firms expect to see more foreign firms entering the market in the next few years as the economy grows and both local and international clients require their services. Many leaders of the local profession view foreign firms and the competition they bring as a positive development. They believe that in a growing economy there is room for them to set up shop and that foreign firms can raise the level of sophistication in the legal market. The firms that have come in so far are doing well to integrate themselves into the market by employing local lawyers and joining the legal services chamber of ANDI. However, there is some concern about firms coming in and taking teams from local firms to set up an office, so any aggressive behaviour by foreign firms may change the current environment. At present there are no rules restricting an English alternative business structure (ABS) from operating or opening in the market.
Requalification as a Colombian lawyer Foreign lawyers can requalify as a Colombian abogado though additional study is required. Candidates must submit an application to the Ministry of Education (Ministerio de Educación Nacional de Colombia) including a copy of their undergraduate degree, their professional certificates, identification and administrative fee. Translations into Spanish and notarisation may be required. The applicant also must prove evidence of studies of Colombian law in the following areas: Colombian constitutional law, administrative law and special proceedings (civil, administrative, criminal and labour). The application process should take between two and five months.
Training and International Events
www.lawsociety.org.uk/international
The Law Society and Colombia The Law Society has been active in Colombia for a number of years through our human rights and rule of law work. More recently, as Colombia has become a more attractive destination for international business, we have supported members in their business development in the market. • In 2011 the Law Society hosted the launch of the British-Colombian Lawyers Association (BRICOL), an independent initiative to foster closer business links between British and Colombian lawyers. • In 2012 the Law Society conducted a scoping mission to Colombia as part of the Lord Mayor’s visit to promote UK expertise in financial and professional services. This included a BRICOL event on the UK Bribery Act. • In 2013 we are planning events in the UK focused on Colombia and we will support activity during the Lord Mayor’s visit to Bogotá in July. The Law Society continues to be active in promoting human rights and the rule of law in Colombia. Sections of the Colombian legal profession face daily threats to their work and sometimes to their lives. We have been involved in the Colombian Caravana human rights missions to towns throughout the country to meet with these lawyers and campaign for their protection. Contact sarah.j.smith@lawsociety.org.uk for more information on our work in this area.
Links Law Society International Division
www.lawsociety.org.uk/international
British Embassy Bogotá
www.ukincolombia.fco.gov.uk
British-Colombian Lawyers Association
www.bricol.co.uk
SRA – Qualified Lawyers Transfer Scheme
www.sra.org.uk/qlts
SRA – Registered Foreign Lawyers
www.sra.org.uk/rfl
Asociación Nacional de Empresarios de Colombia (ANDI)
www.andi.com.co
Consejo Superior de la Judicatura
www.ramajudicial.gov.co/csj
Cámara de Comercio de Bogotá
www.ccb.org.co
Colombian Embassy in London
www.colombianembassy.co.uk
Ministerio de Educación Nacional de Colombia
www.mineducacion.gov.co
Law Society contacts Charlotte Ford International Policy Adviser (Americas and Caribbean) charlotte.ford@lawsociety.org.uk Ana Brown International Policy Assistant (Americas, Africa and Middle East) ana.brown@lawsociety.org.uk international@lawsociety.org.uk @LSInternational This report was produced with the assistance of the British-Colombian Lawyers Association (BRICOL). © 2013 The Law Society. All rights reserved. May 2013