Guidelines for Working With a Foreign Attorney: Part 1
What type of lawyer will you need?
Barristers and Solicitors
In some foreign countries you may need the services of specialized attorneys referred to as solicitors and barristers. Barristers are generally allowed to appear in any court. Solicitors advise clients and may prepare cases for barristers to try in court, but do not frequently represent clients in court themselves.
Notaries
In some countries, notaries public, notaires, or notars can perform many of the functions performed by attorneys in the United States. A notary in a civil law country is not comparable to a notary public in the United States. Notaries frequently draft instruments such as wills and transfers of property. In some countries, a notary is a public official appointed by the Ministry of Justice, whose functions include not only preparing documents, but the administration and settlement of estates. Such notaries serve as repositories for wills and are empowered to serve legal documents.
Huissiers
In some countries huissiers serve documents. Your foreign attorney may delegate certain functions to a notary, notaire, notar, or huissier and is responsible for informing you about any other legal professionals that he or she engages on your behalf.
Foreign Legal Consultants
These are attorneys, frequently working for U.S. law firms with offices in foreign countries, that may advise clients about the requirements of foreign law but who may or may not be licensed to practice law in the country where they work.
Selecting an Attorney
When you receive a list of attorneys, you may wish to consider contacting several attorneys and briefly describe the services you need:
- Find out the attorney's qualifications and experience and how the attorney plans to represent you.
- Ask specific questions, and expect the attorney to explain legal activities in language that you can comprehend.
- Do not turn over documents or funds until you are satisfied that the attorney understands your problem and is willing to handle your case.
- Find out the rules of the foreign country concerning attorney-client confidentiality.
Finding a Foreign Attorney
U.S. embassies and consulates maintain lists of attorneys on their Web sites, including American attorneys licensed to practice in the foreign country who have identified themselves as willing to assist U.S. citizen clients. These lists include
- Name
- Contact information
- Educational background
- Areas of specialization
- Languages spoken
Legal Aid
There may be facilities in the foreign country for low-cost or free legal services. If information is not included on the embassy or consulate's Web site, ask the local foreign bar association or Ministry of Justice about the availability of legal aid. You may also contact the legal attaché or consular section of the foreign embassy in the United States for specific guidance. Legal aid information may also be available from a local branch of the International Social Service: http://www.iss-ssi.org/.
U.S. Department of State. (n.d.). Retaining a foreign attorney. Retrieved August 3, 2017, from http://travel.state.gov/