Pro Bono Practice and Opportunities in Latvia

The Advocacy Law of the Republic of Latvia (Latvijas Republikas Advokatūras likums) sets out the legal framework in relation to the professional and corporate activities of advocates in Latvia.^[1]

The Cabinet Regulation No. 270 Regulations Regarding the Examination and Qualification Test of a Sworn Advocate (Ministru kabineta noteikumi Nr.270 Zvērināta advokāta eksāmena un kvalifikācijas pārbaudījuma noteikumi) sets out the framework in relation to the national training system for lawyers in Latvia.^[2]

The following persons may work as advocates ^[3]:

• sworn advocates;
• assistants to sworn advocates;
• citizens of European Union (“EU”) Member States who have obtained the qualification of an advocate in one of the EU Member States; and
• foreign advocates, except for advocates of EU Member States, may practice in accordance with the international agreements on legal assistance binding to Latvia.

Advocates shall be independent and shall be subject only to the Advocacy Law in their professional activities.^[4]

There are no rules directly governing the provision of pro bono legal services in Latvia.
However, some general litigation rules such as “Loser Pays” (state duties and sworn attorney fees, where the party against whom the judgment is rendered must compensate the winning party for court expenses and certain litigation costs) may foster a reluctance to utilize available pro bono legal services.

There are also general practice restrictions that affect the availability of pro bono counsel, for example:

1. In criminal matters, only (a) a sworn advocate; (b) an assistant of a sworn advocate; (c) a citizen of a EU Member State who has acquired the classification of an advocate in one of the Member States of the EU; or (d) a foreign advocate (except a citizen of a EU Member State) in accordance with the international agreement regarding legal assistance binding on Latvia (“advocates”) are permitted to act as a defense counsel.^[5]
2. In civil matters, only (a) natural persons and (b) legal persons (through their officials or authorized employees) are permitted to appear in front of the court of first instance, in the appellate court and a court of cassation to conduct their case personally or through an advocate in matters: (a) falling under the jurisdiction of the Economic Court; (b) concerning obligations law, if the claim exceeds EUR 150,000; and (c) concerning protection of commercial secrets against unlawful acquisition, use and disclosure.^[6]

Lawyers in Latvia do not require a specific license to provide pro bono legal services.
Any lawyer can provide pro bono legal services except in criminal cases where only an advocate can provide pro bono legal services.

To provide legal services in criminal matters, advocates need to have an order (proxy).

To provide legal services in civil matters, authorization of an advocate for the provision of legal aid needs to be confirmed by an order.

If an advocate acts as an authorized representative of a party, his or her authorization needs to be confirmed by a written authorization^[7][8]

The authorization of the State ensured legal aid provider for the provision of legal aid shall be certified by an order for the provision of legal aid issued by the responsible State authority.

Advocates of EU Member States do not need any additional licenses to provide pro bono legal services in civil matters.

Other foreign advocates may practice in Latvia only in accordance with the international agreements on legal assistance binding to Latvia.

If foreign advocates wish to represent clients in criminal cases, in addition to the above they will need to register at the Council and the Council will provide them with a statement, that will allow them to represent the client in their capacity as an “advocate” in criminal cases.

Lawyers in Latvia are not required to work a minimum number of pro bono hours.

Aspiring lawyers in Latvia are not required to complete a minimum number of hours of pro bono legal services in order to become licensed lawyers.

There is no rule that requires lawyers in Latvia to work a minimum number of pro bono hours, either to maintain licensure or to satisfy a professional body.

Pro bono is generally encouraged by some law firms, with some setting aspirational internal targets, and the Latvian Bar Association also encourages it, through, for example, free legal aid days, when sworn advocates and assistants of sworn advocates provide free legal advice.^[9]

Lawyers in Latvia do not receive any “Continuing Legal Education” or equivalent credit for pro bono hours worked.

Under the Advocacy Law and related Bar regulations, sworn advocates must have professional civil liability insurance and the insurance must cover liability arising from the provision of legal services. This would apply to pro bono services too. The risk of potential loss resulting from the professional activities of advocates must be insured.^[10]

There are no rules in Latvia that prohibit advertising of pro bono successes or soliciting new pro bono clients.^[11] Latvia does regulate the advertising of legal services by sworn advocates, but it is not prohibited. It is subject to professional conduct rules under the Advocacy Law and the Code of Ethics of Sworn Advocates of Latvia.

Currently, state-funded legal aid is only available to natural persons and not to NGOs or other persons, so there is an opportunity to provide pro bono services to such organisations.

In a criminal case, if a person wants an advocate as defense counsel or it is mandatory to have an advocate under the law, the State may provide such defense counsel and will determine the salary of the defense counsel which is paid from public funds, and this payment will completely or partially discharge such person from payment.^[12]

However, the criteria for such state-funded legal aid is high and many individuals do not qualify. Pro bono legal services are especially important for such people who don’t qualify, as well as NGOs and similar organizations.

The main providers of pro bono legal services in Latvia can be categorized as follows:

Private lawyers

• Legal professionals and law students in Latvia can provide pro bono legal services.

Private law firms

• Law firms develop and maintain pro bono programs either independently or in partnership with local charities and the Latvian Council of Sworn Advocate (“Council”).^[13]

NGOs

• Delna (The Society for Transparency), a branch of the international anti-corruption organization.^[14]
• Transparency International in Latvia created a network of pro bono lawyers as part of the European Commission’s Speak Up project to strengthen public confidence in democracy and the rule of law by increasing the capacity of the Delna Legal Support and Advocacy Center to investigate and secure anonymity and protection of whistleblowers.^[15]
• Latvian Centre for Human Rights provides pro bono legal services to individuals on a wide range of human rights cases.^[16]

There are no specific examples of AI being used in pro bono matters in Latvia. Generally, AI and technology tools have the potential to greatly enhance legal pro bono work across Europe by utilizing the framework set by the EU’s Artificial Intelligence Act (Regulation (EU) 2024/1689). This regulation requires transparency, risk assessments, and human oversight for high-risk AI systems, while prohibiting certain “unacceptable risk” uses.

AI and innovative legal technologies can make pro bono work more efficient by automating routine tasks like document drafting, intake, and legal research, allowing lawyers to concentrate on more complex client needs.

Furthermore, these technologies could increase access to justice by providing scalable, low-cost tools such as multilingual chatbots and rights checkers, which could help empower vulnerable groups to understand and assert their legal rights.

There is no main non-governmental source of pro bono resources in Latvia and very little information is available about pro bono in Latvia, but these organizations offer some support:

1. Delna, a Latvian operated non- governmental organization working as an anti-corruption watchdog and supporting whistle blowers;^[17]
2. Latvian Centre for Human Rights, an independent non-governmental organization which works with integration issues, elimination of discrimination and hate crimes/speech, asylum, migration and fundamental rights issues^[18] ;
3. Center MARTA, a non-governmental organization that aims to provide support to women in Latvia, although the center provides state legal aid service in collaboration with Legal assistance administration ^[19]; and
4. ProBono Publico Latvia, society that promotes and provides pro bono legal assistance, encourages legislative change and promotes anti-corruption ideas.^[20]

Legal aid

The State Ensured Legal Aid Law seeks to institutionalize State funded legal aid and has the stated purpose of promoting the rights of natural persons to fair court protection by ensuring State guaranteed financial support in the form of legal aid.^[21] A person eligible for legal aid may request legal aid in certain civil and criminal matters and administrative proceedings.^[22]

Lawyers can contact the Latvian Bar Association which organizes free legal aid days, when sworn advocates and assistants of sworn advocates provide free legal advice.^[23]

There are also global pro bono clearinghouses and legal services providers such as TrustLaw or PILnet.^[24]

There are no specific pro bono awards in Latvia, however, there are global pro bono awards offered by TrustLaw, PILnet and the International Bar Association.^[25]