A Spanish Lawyer's Salute to Ireland

Now that St. Patrick’s Day is close at hand, I would like to write about my experience as a lawyer in Ireland. To begin with, I am not from Ireland, I am a Pacific McGeorge LL.M in Transnational Business Practice student from Spain. I received my legal education in Spain and am a practising lawyer there. So how come that a Spanish lawyer can practice law in Ireland?

Thanks to the European Union Directive 98/5 CE, it is possible to transfer your legal qualifications from one country member to another. A London lawyer can defend a client in Athens or an Italian lawyer can present a case before a court in Belgium. This initiative is a step forward in the harmonization of law practice throughout Europe.

There are some limitations to the above regulation: First, the foreign lawyer must practice in conjunction with a local lawyer. Second, foreign lawyers cannot practice probate law because in continental Europe jobs involving public faith are reserved to notaries. Finally, the foreign lawyer must use the title of his home country. After three years, these limitations disappear.

It is a privilege to practice law in a foreign country. The first time that I spoke before the district court in Dublin the rest of the lawyers were looking at me with curiosity, “what is this Spanish lawyer doing here?” they thought. Soon, they realized that it was enriching having professionals from other nationalities working in their jurisdiction.

Working in a foreign jurisdiction makes you more noticeable. There were many Mr. O´Neills at the Dublin District Court, but only one Mr. Bermudez. If you work hard enough you can make this differentiation to play to your advantage. For example, if there is a case in court involving a fellow citizen, you can bet that the case will be assigned* to you. By the way, it is an honour for a foreign lawyer to be assigned to a case by a local judge.

I also was able to work hand-in-hand with the Spanish consulate in Ireland. Embassies and consulates are interested in having lawyers of their own nationality because these lawyers are in a privileged position to effectively represent fellow nationals. I am sure that if an American is brought to court in a foreign country he would like to have an American lawyer to explain him the legal terminology of the country in understandable terms.

Practising overseas also gives you a wide perspective about how a different legal system works. Ireland is a common law country, Irish system is the most similar to the English legal system, in fact, some laws enacted under the British rule are still being applied in Ireland. The distinction between barristers and solicitors in both countries remains clearly marked and the two countries have an adversarial system. Knowing this helps me to understand the U.S system better.

Finally, my experience in Ireland has made me the lawyer that I am now, a lawyer that is able to perform to a high standard even in a foreign language and in a foreign country. These years in Ireland practising law were taken very much into account by the Madrid Bar Association to grant me a scholarship to study an L.L.M at McGeorge School of Law. Happy St. Patrick’s Day.

Ivan G. Bermudez
Ivan G. Bermudez
L.L.M in Transactional Business Practice Candidate
Pacific McGeorge

* In Ireland the legal aid system in criminal law works in the following way: Every person that is brought to court and is at risk of being imprisoned is entitled to a free legal aid team consisting in one solicitor and one or two barristers . If somebody is brought to court and has no lawyer (solicitor), the judge may select one for him among those who are present in court.