Overview
With a population of around 40,000, Liechtenstein is the fourth smallest country in Europe and the sixth smallest country in the world.[1] Liechtenstein currently does not have a formally regulated culture of providing pro bono legal services and lacks any specific platforms to do so. This may be due to the remarkable wealth that Liechtenstein and most of its inhabitants enjoy. Liechtenstein currently boasts one of the highest gross domestic products per capita adjusted on a purchasing power parity basis.[2] Furthermore, its sophisticated system of state-funded legal aid arguably minimizes the need for individual lawyers to provide pro bono legal services.
At a glance
| Minimum pro bono hours requirement for lawyers? | Specific pro bono licence required? | May foreign lawyers practice pro bono? | Insurance required for law firm pro bono? | Insurance required for in-house counsel pro bono? | Rules to limit advertising pro bono work? | Does pro bono work count to CLE credit? | Limitations for in-house lawyers to do pro bono? |
|---|---|---|---|---|---|---|---|
| No | No | Yes | Yes | No | Yes | No | No |
Pro bono practice and opportunities
Lawyers in Liechtenstein have to abide by the Code on Lawyers (Rechtsanwaltsgesetz)[3] , the Professional Guidelines of the Liechtenstein Chamber of Lawyers (Standesrichtlinien der Liechtensteinischen Rechtsanwaltskammer), and the Code of Conduct for Lawyers in the EU (Berufsregeln der Rechtsanwälte der Europäischen Union).[4]
In-house counsel are usually not admitted as individual lawyers and therefore are not members of the Bar Association and not subject to the above mentioned rules.
Regulatory landscape for pro bono
There are no rules that specifically regulate the provision of pro bono legal services in Liechtenstein. Generally, a lawyer’s fees are freely negotiable within the limits set by the fee regulations of the Liechtenstein Bar Association.
A lawyer may provide their services for free, if he or she chooses to do so. However, the provision of free legal services is not common practice in Liechtenstein and, in most cases, lawyers will only agree to provide services without charge if the client is personally known to them.
No, there is no requirement for a specific license to provide pro bono legal services.
No, there is no requirement for any such additional licences.
Generally, lawyers who temporarily want to practice their profession in Liechtenstein across the national border must inform the Liechtenstein Chamber of Lawyers of this intention and provide proof that they are admitted in their country of origin, which must be an EEA member state, to practice the profession of lawyer.
The Chamber of Lawyers will confirm receipt of the notification, and this confirmation must be produced on request to courts of law and administrative authorities.[5]
No, there is no requirement to work a minimum number of pro bono hours in Liechtenstein.
No, there is no requirement to complete a minimum number of pro bono hours in order to become licensed as a lawyer.
No, there are no standardised aspirational pro bono hours target for lawyers in Liechtenstein other than those which may be set by individual law firms at their discretion.
No, lawyers in Liechtenstein do not receive any “Continuing Legal Education” or equivalent credit for pro bono hours worked.
Insurance and advertising
Every licensed lawyer being a member of the Bar Association does require professional indemnity insurance coverage for any legal services they provide, also for pro bono work. No such regulation exists for in-house lawyers.
If formally registered as an associate of a licensed law firm, lawyers will be covered by the insurance of such firm.
Regular forms of advertisement for legal services are strongly restricted in Liechtenstein. According to the Professional Guidelines of the Liechtenstein Chamber of Lawyers, lawyers may only “inform” potential clients about the services they offer. The information provided must be correct, objective, and within the interest of the potential client.[6]
Pro bono practice and culture
There is no documented pro bono legal work being undertaken in Liechtenstein at the moment, and Liechtenstein generally lacks a culture of providing formally regulated pro bono legal services, though lawyers provide pro bono work on a voluntary basis.
As noted above, this is likely due to the country’s significant wealth, coupled with readily available and fairly significant legal aid services (detailed below).
There are currently no significant providers of pro bono legal services in Liechtenstein.In specific fields of law there are partially professional organizations and NGOs providing such services, for example, the Chamber of Commerce for its members in matters of employment land contract law or NGOs advising and assisting in matters of matrimonial law or domestic violence.
Also, free legal advice may be obtained directly at the court, provided by interns at the court.
There are currently no such noteworthy examples given there is no formally regulated culture of providing pro bono legal services in Liechtestein.
Sources of pro bono opportunities and key contacts
Different NGOs providing free assistance in matrimonial and domestic violence matters can be found on www.familienportal.li.
Employees of Liechtenstein business enterprises may get free advice and assistance from the Labor Union of Liechtenstein, further information to be found at www.lanv.li. Members of the Liechtenstein Chamber of Commerce may contact this organization and its legal advisors at www.wirtschaftskammer.li.
Access to legal services by those unable to afford them is ensured by a well-established system of state-subsidized legal aid (Verfahrenshilfe)[7] that is available to both natural and legal persons. Legal aid is available for both criminal and civil cases, in the form of legal advice and representation in court. In respect of litigation matters, legal aid is always granted by the court of first instance, even if it does not become necessary until the case reaches a higher court.
An applicant must prove their indigence, i.e. the applicant must disclose their income and assets to determine whether full or partial aid or a deferral of fees or payment in instalments may be granted (Teilverfahrenshilfe). In civil cases, it is possible for a court to refuse legal aid for lack of merit.
Therefore the claim or defence upheld must not be obviously wilful or hopeless; the standard applied being the reasonableness test (i.e. whether a reasonable person would actually enforce the claim or defence at hand).
When legal aid is granted by the court, the Board of the Liechtenstein Bar Association appoints a lawyer to represent the applicant, taking care to ensure an equal allocation of mandates. Lawyers are obliged to take on legal aid cases which are delegated to them by the Liechtenstein Bar Association.
However, the delegation may be refused on certain grounds, such as a conflict of interest. If legal aid is granted for all legal costs, the state will waive the court fees and pay the scheduled statutory fees, which are however in most cases substantially lower than regular fees billed on an hourly basis, to the attorney.
No, besides the Liechtenstein Bar Association and the Organizations and NGOs mentioned above, there are no referral organizations, NGOs or clearing houses that are sources for pro bono opportunities in Liechtenstein. Further information on legal practice in Liechtenstein may be provided by the Liechtenstein Bar Association.[8]
No, there are no such awards, lists or rankings for provision of pro bono services in Liechtenstein.
References
- See https://www.statistikportal.li/de/themen/bevoelkerung (last visited on 15 January 2025).
- See https://www.cia.gov/the-world-factbook/countries/liechtenstein/factsheets/ (last visited on 15 January 2025).
- See https://www.gesetze.li/konso/pdf/2013415000?version=6 (last visited on 15 January 2025).
- See https://www.rak.li/en-us/kammer/derrechtsanwalt/berufsundstandesrecht.aspx (last visited on 15 January 2025).
- See https://www.rak.li/en-us/kammer/zulassungen/lawyers-cross-border-activity (last visited on 15 January 2025).
- See §35 of the Professional Guidelines of the Liechtenstein Chamber of Lawyers at https://www.ccbe.eu/fileadmin/speciality_distribution/public/documents/National_Regulations/DEON_National_CoC/EN_Liechtenstein_Professional_Guidelines_of_the_Liechtenstein_Chamber_of_Lawyers.pdf (last visited on 15 January 2025).
- See Code of Civil Procedure (Zicilprozessordung) §§ 63 et seq. available at https://www.gesetze.li/konso/1912.009.001 (last visited on 15 January 2025).
- See https://www.rak.li/ (last visited on 15 January 2025).
Acknowledgements
Name of law firm: Lampert & Partner Attorneys at Law Ltd
Name of lawyer: Siegbert Lampert
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