Pro Bono Practices and Opportunities in Lithuania 1 I. Introduction A strong culture of pro bono assistance has developed in the Lithuanian legal community as certain law firms, university students and NGOs provide free legal services to applicants who may not qualify for state legal aid, all of which continues to strengthen access to justice in Lithuania. II. Overview of Pro Bono Practices

(a) Professional Regulation

1. Describe the laws/rules that regulate the provision of The Republic of Lithuania Law on the Bar (the legal services? “Law ”) regulates the provision of legal services in Lithuania and the Code of Ethics of Lithuanian

Advocates further governs the legal profession.

2. Describe any licensure requirements governing the In order to practice law as an advocate in Lithuania, provision of legal services. one must:  be a natural person of Lithuania or a Member State of the EU;  hold a bachelor’s and master’s degree in law or a unified studies in law degree or a lawyer’s professional equivalent degree;  have a record of at least five years of service in the legal profession or completed an apprenticeship as an advocate’s assistant for at least two years;  have high moral character;  have proficiency in the state language;  have passed the advocate’s qualification examination; and  not have health disorders which would prevent them from performing the duties of an advocate. 2 In order to become an attorney who provides legal advice and represents any person or entity in court, one must be admitted to the Lithuanian Bar Association (the “ Bar ”) following satisfaction of the above requirements. By contrast, jurists are not admitted to the Bar but they can still practice law as in-house counsel to public institutions or companies, and as such, jurists

1 This chapter was drafted with the support of Laurynas Lukošiūnas and Šarūnas Budbergis of Sorainen. 2 See Article 7 of the Republic of Lithuania Law on the Bar.

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can only give legal advice to and represent their employer in court. An EU, EEA or Swiss lawyer must register with the Bar, comply with the Lithuanian Code of Ethics, maintain adequate professional indemnity insurance and may only practice under their home title. Foreign lawyers may provide services in the law of their home country and in international law. Foreign lawyers from an EU Member State, EEA country or Switzerland may re-qualify in Lithuania by either:  applying to the Bar after satisfying the conditions of nationality and completing three years of regular and effective practice of Lithuanian law in Lithuania; 3 or  sitting the relevant equivalence examination administered by the Bar. 4

(b) Pro Bono Practice and Culture

1. Describe the rules that regulate the provision of pro There are no rules specifically relating to the bono legal services e.g. any explicit regulation or provision of pro bono legal serves in Lithuania. As limitation on providing free legal services in some or such, the same rules apply regardless of whether a all contexts, details of any mandatory or minimum lawyer in Lithuania is providing services to paying fees imposed on provision of legal services. client or a pro bono client.

2. Are lawyers required by such rules to work a Lawyers in Lithuania are not required to work a minimum number of pro bono hours? If so, how minimum number of pro bono hours. many?

3. Are aspiring lawyers required to complete a Aspiring lawyers are not required to complete a minimum number of hours of pro bono legal services minimum number of hours of pro bono legal in order to become licensed lawyers? services in order to become licensed lawyers in Lithuania.

4. What are the main areas of law which require or While state-subsidized legal aid is available to a present opportunities for the provision of pro bono fairly wide range of natural persons who can legal services? What are the major unmet legal demonstrate need, there is not a similar system of needs? legal aid in place for NGOs and non-profit organizations so there remain opportunities for the provision of pro bono legal services to such entities.

3 See https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=celex%3A31998L0005 (last visited November 1, 2019). 4 See https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32005L0036 (last visited November 1, 2019).

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5. Who are the main providers of pro bono legal The main providers of pro bono legal services are services? e.g., NGOs, governmental or other public NGOs, legal departments of certain universities and services, schools and universities, private law firms law firms. (local or international) or corporate organizations?

(c) Obstacles to Provision of Pro Bono Legal Services

1. Do lawyers require a license to provide pro bono Attorneys in Lithuania do not require a license to legal services? provide pro bono legal services and are permitted to “provide legal services free of charge” pursuant to

the Law. 5

2. Do foreign lawyers require any additional license(s) An attorney of another EU Member State can to provide pro bono legal services? provide pro bono legal services provided that they follow the relevant procedures for representation of

a client in court.

3. Do lawyers require professional indemnity legal The Law requires that an attorney in Lithuania must insurance cover for any pro bono legal services that be insured for loss that exceeds €290, and that the they provide? If so, are they prohibited from working mandatory minimum insurance coverage must be under the cover of another pro bono provider, such as €29,000 per insured event. To the extent that actual a private law firm or organization working on the loss exceeds an attorney’s insurance coverage, the same pro bono project? attorney is personally liable for the difference. An attorney must provide their insurance certificate and

policy if a client so requests.

4. Are there any rules that prohibit advertising of pro Lawyers in Lithuania are prohibited from bono successes or soliciting new pro bono clients? advertising their professional activities, but are permitted to provide details in informative and

other publications, on official letterforms, business cards and representative items. 6 Lawyers may also be permitted to advertise as providers of sponsorship in accordance with prescribed laws.

5. Do lawyers receive any “Continuing Legal Lawyers in Lithuania do not receive Continuing Education” or equivalent credit for pro bono hours Legal Education or equivalent credit for pro bono worked? hours worked.

(d) Sources of Pro Bono Opportunities and Key Contacts

1. Describe any governmental sources of pro bono The Lithuanian government does not provide pro and/or other legal services in Lithuania. bono services, but state-guaranteed legal aid is available to all Lithuanian and EU citizens and

other natural persons residing lawfully in Lithuania.

5 See Article 2, Paragraph 5 of the Republic of Lithuania Law on the Bar. 6 See Article 42 of the Republic of Lithuania Law on the Bar.

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 Primary legal aid covers legal advice and drafting of documents, but is limited to one hour and may only be applied for once per issue.  Secondary legal aid is available to those who can demonstrate need (financial or otherwise) and includes assistance in legal proceedings and dispute resolutions. Lawyers may enter into an agreement with the relevant government authority to provide state- guaranteed legal aid and will then be selected by the government to represent assigned clients.

2. Describe the main non-governmental sources of pro The main and the most popular source of pro bono bono and/or other pro bono resources in Lithuania. legal services is Vilnius University Law Clinic, where legal assistance is provided by students of

Vilnius University Faculty of Law, supervised by professional lawyers, attorneys and researchers. In essence, supervisors perform pro bono activities by advising students on different situations. 7 Other sources include:  Mykolas Romeris University Legal Aid Center provides free legal aid to the people of Lithuania and is staffed by Mykolas Romeris University teaching staff and other professional lawyers. 8  Jūsų teisė provides free legal advice. 9  E-Juristai provides free legal advice for disadvantaged individuals. 10  PRO BONO employment law advice line provides free, telephone employment counselling for employees and employers. 11  Magistratus provides free legal advice online. 12  Mteisininkas provides free legal advice online. 13

3. Is there any public or private organization with which Local or foreign attorneys can register with the a local or foreign attorney can register in order to be following organizations in order to be made aware made aware of pro bono opportunities? of pro bono opportunities:

7 See https://teisesklinika.lt (last visited November 1, 2019). 8 See https://www.mruni.eu/lt/_trinti_MRTM/teisines_pagalbos_centras/index1.php (last visited November 1, 2019). 9 See http://www.jusuteise.eu/index.html (last visited November 1, 2019). 10 See http://www.e-juristai.lt/lt-63-nemokama_teisine_konsultacija.html (last visited November 1, 2019). 11 See http://www.ldb.lt/informacija/veikla/naujienos/UserDisplayForm.aspx?ID=6810 (last visited November 1, 2019). 12 See http://www.magistratus.lt/teisines-konsultacijos/ (last visited November 1, 2019). 13 See http://mteisininkas.lt/ads/nemokamos-teisines-konsultacijos/ (last visited November 1, 2019).

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 Vilnius University Law Clinic.  Mykolas Romeris University Legal Aid Center. Alternatively, a lawyer can sign up for state- guaranteed legal aid coordinated by these authorities:  Municipal authorities to provide primary legal aid; 14 and  State-guaranteed legal aid services to provide secondary legal aid. 15

November 2019 Pro Bono Practices and Opportunities in Lithuania

This memorandum was prepared by Latham & Watkins LLP for the Pro Bono Institute . This memorandum and the information it contains is not legal advice and does not create an attorney-client relationship. While great care was taken to provide current and accurate information, the Pro Bono Institute and Latham & Watkins LLP are not responsible for inaccuracies in the text.

14 See http://www.teisinepagalba.lt/lt/pirmine/tm/asarasas/ (last visited November 1, 2019). 15 See https://vgtpt.lrv.lt/ (last visited November 1, 2019).

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