Ministry of Justice - The function of lawyer and solicitor of the Court

the salaried jobs in the public sector or the private sector, however, are compatible employment as a lawyer with a lawyer and as an employee within the meaning of article of the election act amended the thirty-first of July, and for the duration of the internship, jobs admitted as equivalent to the judicial training course by the regulations in force, provided that such employment does not involve the abandonment of the freedom to act according to conscience the functions of company director, of manager or managing director of companies commercial and general representative or agent of insurance company lawyers are only to be allowed to attend or represent the parties, apply, and advocate for them before the courts, of whatever kind they are, receive their pieces, and titles to present to the judges, to do and to sign the acts necessary for the proper conduct of the procedure and put the case in a state to receive judgmentOnly lawyers can give, as usual, and for a fee legal consultation, or to write for others, acts under private signature. The lawyers represent or assist their clients before the international courts, such as the Court of Justice of the European Communities or the european Court of Human Rights. Lawyers are subject to professional secrecy, which is of public order and the violation of which is punishable by law. (b) To exercise the profession of lawyer in Luxembourg, it is obligatory to have obtained the entry to the table of a bar association established in the Grand Duchy of Luxembourg. having successfully passed the aptitude test established for the benefit of lawyers in another member State with community law of the ten August determining, for the legal profession, the general system for the recognition of higher-education diplomas awarded on completion of professional education and training of a minimum duration of three years, or to justify conditions to be registered as a practicing lawyer in the Grand Duchy of Luxembourg under their original professional title, in application of the law of thirteen November transposing into luxembourg law of the Directive five EC of the european Parliament and of the Council of sixteen February to facilitate the permanent exercise of the profession of lawyer in a member State other than that in which the qualification was obtained, to control the language of legislation and the administrative and judicial languages in the sense of the act of the twenty-four February on the languages regime, the Council of The order, after having taken the opinion of the minister of Justice may, on proof of reciprocity on the part of the non-member state of the European Community in which the applicant is a national, to dispense with the nationality condition. It is the same of the candidates who have political refugee status and who have the right of asylum in the Grand Duchy of Luxembourg. The lawyers included in list I of the lawyers are only allowed to carry the title of lawyer at the Court To do this, they must: either have completed, as a lawyer enrolled in the list II of the lawyers, a period of judicial training course of two years and passed the examination at the conclusion of a judicial training course, or have passed the aptitude test established for the benefit of lawyers in another member State with community law of the ten August determinant to the profession lawyer, the general system for the recognition of higher-education diplomas awarded on completion of professional education and training of a minimum duration of three years, i.e, as a european lawyer admitted to practise under his original professional title, justify an effective and regular activity for a period of at least three years in Luxembourg and in the luxembourg law, including community law, or benefit from the provisions of article neu f the law of thirteen November transposing into luxembourg law of the Directive five EC of the European Parliament and of the Council of sixteen February to facilitate the permanent exercise of the profession of lawyer in a member State other than that in which the qualification was acquired. The attorneys are only entitled to perform the acts for which laws and regulations stipulate that the ministry of the solicitor, that is to say, to represent the parties before the constitutional Court, the courts of the administrative order, the Superior Court of Justice and before the district courts sitting in civil matters, to conclude for them, they will receive their parts and securities in order to present them to the judge, and to sign the acts necessary for the proper conduct of the procedure and to put the case in a state to receive judgment. Lawyers who are registered in the list II of the lawyers, and european lawyers permitted to practise under their professional title of origin that are included in list IV of the lawyers can accomplish these same acts if they are assisted by a lawyer to the Court registered in list I of lawyers. The representation of the parties, being free to all jurisdictions that do not have mandatory legal representation, the lawyers included in list II or list IV of the lawyers may represent the parties without the assistance of a lawyer to the Court When a lawyer national of another member State of the Community is doing in the Grand Duchy of Luxembourg an activity of representation or defense in court, without being registered in a register of the Orders of the Lawyers in the Grand Duchy, it must necessarily act in concert, depending on the material, either with a lawyer to the Court, or with a lawyer who practices before the court. (c) If a person does not have sufficient resources to obtain the assistance of a lawyer and that it meets the statutory conditions for legal aid, the President of the bar association appoints a counsel to assist him in the scheme of legal assistance. The lawyer is, except for reasons of impediment or conflict of interest, be required to assume the mandate that has been conferred.