By the Law on advocacy, only advocates enrolled in the directory of Bar association are allowed to practice the profession. Only qualified lawyers who are Montenegrin citizens are admitted to the Bar. Pursuant to the Law, qualified [lawyers] EU citizens and law firms will be allowed to enter the directory of foreign lawyers and give advice on the law of the home country, the law of the European Union and international law from the day of Montenegro's accession to the European Union. Furthermore, upon accession, qualified [lawyers] EU citizens will also be allowed to pass the Montenegro Bar exam and be admitted to fully practice as a Montenegrin advocate. Qualified lawyers from another states may only represent before administrative and judicial tribunals subject to reciprocity [for the purposes of the OECD FDIRRI, this is assumed to be admitted on exceptional cases only]. Nonetheless, the law permits law firms from EU or WTO Member States to open a branch office in Montenegro to provide advice on law from their home country in Montenegro, on law of the European Union and international law.
"Article 2
Advocacy is an independent and independent service, which provides legal assistance to individuals and legal entities.
Lawyers can practice law independently, in a joint law office or in a law firm partnership, registered in the directory of the Bar Association, in accordance with this law.
Article 3
Legal aid includes:
  1) providing legal advice and opinions;
  2) drafting lawsuits, appeals, petitions, petitions and other submissions;
  3) drawing up contracts, wills, statements, general and individual acts and other documents;
  4) representation and defense of natural and legal persons before courts and other state bodies, companies and other legal persons;
  5) representation of natural and legal persons in their legal affairs;
  6) performance of other legal aid work in the name and for the account of natural or legal persons, on the basis of which these persons exercise some right.
[...]
Article 4
A lawyer acquires the right to practice law by registering in the directory of lawyers and taking an oath.
Article 5
A person who meets the following conditions has the right to be entered in the directory of lawyers:
  1) that he is a Montenegrin citizen;
  2) having completed a four-year program at the Faculty of Law VII1 level of educational qualification;
  3) that it has passed the bar and bar exam;
  4) that he is not employed;
  5) not to perform other registered activities;
6) that it is worthy of practicing law in accordance with the Code of Professional Ethics of Lawyers (hereinafter: the Code);
  6a) that he has not been dismissed as a judge, state prosecutor, notary or public bailiff;
  7) that he has not been convicted of a criminal offense that makes him unfit to practice law.
A person who is a citizen of a member state of the European Union and who meets the requirements from paragraph 1, point 2 to 7 of this article has the right to be registered in the directory of lawyers.
Article 5a
A lawyer from a member state of the European Union has the right to be registered in the directory of foreign lawyers if he meets the requirements of Article 5 paragraph 1 point. 4, 5, 6 and 7 of this law and if he passes the bar exam according to the program for taking the bar exam prescribed by the law regulating the passing of the bar exam and the bar exam in accordance with this law, in the Montenegrin language.
The lawyer referred to in paragraph 1 of this article is registered in the directory of foreign lawyers and performs legal activities in Montenegro under the title "lawyer".
Along with the request for registration in the directory of foreign lawyers, the lawyer from paragraph 1 of this article is obliged to submit proof of citizenship of a member state of the European Union, proof that he has the right to practice law in a member state of the European Union (hereinafter: home state), as and other evidence of meeting the requirements from paragraph 1 of this article.
Documents proving the facts from paragraph 3 of this article will be taken into account if three months have not passed since the day of their issuance and must be submitted in a certified translation into the Montenegrin language.
A lawyer from paragraph 1 of this article, who is registered in the directory of foreign lawyers, has the right and duty to perform legal aid work from article 3 of this law, with all rights and duties in the performance of legal services.
[...]
Article 5c
The right to be registered in the directory of foreign lawyers, in order to practice law in Montenegro under the name under which he is registered in the home country in the official language or in one of the official languages of the home country, has the right of a lawyer from a member state of the European Union who is registered in the register for practicing law activity in the home country, who is a citizen of a member state of the European Union and who is insured against professional liability.
Along with the request for registration in the directory of foreign lawyers, the lawyer referred to in paragraph 1 of this article is obliged to submit proof that he is registered in the register for practicing law in his home country, proof that he is a citizen of a member state of the European Union and proof that he is insured against professional liability.
Documents proving the facts from paragraph 1 of this article will be taken into account if three months have not passed since the date of their issuance and must be submitted in a certified translation into the Montenegrin language.
A lawyer who is registered in the directory of foreign lawyers in accordance with paragraph 1 of this article, performs legal activities under the name under which he is registered in his home country, with the indication of the competent body with which he is registered in his home country.
A lawyer who is registered in the directory of foreign lawyers in accordance with paragraph 1 of this article may practice law as a law firm or a joint law firm with a name from the home country, and may use the name of the law firm or joint law firm of which he is a member in the home country, about which he is obliged to submit evidence from his home country to the Bar Association.
A lawyer registered in the directory of foreign lawyers in accordance with paragraph 1 of this article may give advice on the law of the home country, the law of the European Union and international law.
[...]
Article 5d[bis]
Jobs from Article 5v paragraph. 6 and 7 of this law can be performed by a lawyer from a member state of the European Union who is not registered in the directory of foreign lawyers.
A lawyer from a member state of the European Union is obliged to submit a written notification to the Bar Association about the intention to carry out the activities referred to in paragraph 1 of this article and attach proof of registration in the register for practicing law in the home state and proof of professional liability insurance in the home state.
Along with the notification from paragraph 2 of this article, a lawyer from a member state of the European Union is obliged to provide the Bar Association with information about his address or about the attorney he has designated for receiving documents in Montenegro.
Based on the notification, evidence and data from para. 2 and 3 of this article, the Bar Association issues a certificate to a lawyer from a member state of the European Union that he can perform duties in accordance with paragraph 1 of this article.
[...]
Article 8
A lawyer registered in the directory of lawyers of another country has the right to act before judicial and other state bodies in the Republic, under the condition of reciprocity.
The confirmation of the existence of reciprocity is issued by the ministry responsible for judicial affairs, with the previously obtained opinion of the Bar Association.
[...]
Article 73a
A citizen of a member state of the European Union can be registered in the directory of lawyers in accordance with Article 5 paragraph 2 of this law from the day of Montenegro's accession to the European Union.
Article 73b
The provisions of Art. 5a to 5d and the provisions of Chapter VIIIa of this law, will be applied from the day of Montenegro's accession to the European Union. [...]" (Law on Advocacy (Zakon o Advokaturi), OG MNE No. 079/06 of 26.12.2006, as amended [google translation])
Law on Advocacy (Zakon o Advokaturi), OG MNE No. 079/06 of 26.12.2006, as amended [google translation]
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