Attorneys Deprived of the Right to Practise in Belarus Can Continue Their Legal Practice in Lithuania

This was announced by Paulius Griciūnas, the Secretary-General of the Lithuanian Bar Association, during the conference "Development of the Human Rights Lawyers' Community: Theory and Practice".

He explained that as of January 1, 2024, amendments were made to the Law on the Bar of the Republic of Lithuania (which came into force on March 1, 2024), providing the opportunity for attorneys from non-European Union countries to submit an application to the Bar Council for inclusion in the list of attorneys entitled to provide legal services in Lithuania. These attorneys, referred to in the law as "third-country attorneys," include those with a professional status conferred by the competent authority of their country, as well as attorneys deprived of their bar licence as a result of persecution for their professional activities. Third-country attorneys included in the Lithuanian Bar Register may practise in Lithuania only on matters related to the national legislation of their country and international law. They may represent clients in Lithuanian courts only jointly with Lithuanian attorneys. They are subject to the same professional guarantees as Lithuanian and EU attorneys, including confidentiality and the ethical rules of the Lithuanian Bar. The list of attorneys entitled to practise in Lithuania, including third-country attorneys, is public, ensuring transparency and confidence in the qualification and accountability of defenders.

An attorney included in the register will be required to pay a financial contribution to the Bar Association and obtain professional liability insurance.

According to the amendments to the Law, grounds for refusal to include third-country attorneys in the list are the following: a) the country that granted the attorney his or her professional status is under sanctions, b) lack of diplomatic relations between Lithuania and that country, or c) recognition of that country as an aggressor state.

It is expected that attorneys from Ukraine, as well as Belarusians deprived of their licences at home, will take advantage of the opportunity to be included in the register.

Paulius Griciūnas stated: "There is another requirement that such attorneys must already have a residence permit or refugee status in Lithuania. This prevents a large influx and provides confidence that the government has already checked the individual."

Attorneys who have lost their licence in their country due to persecution for their professional activities must support their application with the respective documents. Griciūnas: "...Staying there [in Belarus] as an attorney is only possible if you are loyal to the regime. Conversely, for such attorneys, the disbarment decision can be an important document confirming their application."

Natalya Matskevich, an attorney deprived of her licence in Belarus, believes that there won’t be a rush of Belarusians into the Lithuanian bar. "This is a significant breakthrough, a sign of solidarity, and a new perspective on legal practice. But due to the restrictions, I expect that there will not be much demand for such attorneys. Paying the financial contribution and insurance will be deemed difficult and impractical. I personally do not need registration in the list to carry out my activities."

We remind you that the conference "Development of the Human Rights Lawyers' Community: Theory and Practice" took place in Vilnius on April 19-20, 2024. The organisers of the conference are the Center for Constitutionalism and Human Rights of the European Humanities University, the International Partnership of ILIA Graduates and Experts, the Belarusian Association of Human Rights Lawyers, and Lawyers for Lawyers. The conference was attended by attorneys, including those deprived of the right to practise, from Belarus, Ukraine, Moldova, and Russia. The conference speakers include representatives of the bar associations of Poland, Lithuania, France, the Belarusian Association of Human Rights Lawyers, and international organisations such as The European Bars Federation, Lawyers for Lawyers, the International Commission of Jurists, the American Bar Association, and others.