Us Attorney Practicing Law In Mexico: Is It Possible?

The ability of a US attorney to practice law in Mexico depends on several factors, including the existence of agreements between Mexico and the US, the jurisdiction in which they intend to practice, and their ability to meet local licensing requirements. Foreign lawyers in Mexico City, for example, must comply with the Federal Law for Article 5th of the Constitution, which outlines the regulations for practicing professions in the city. This includes demonstrating the authenticity of foreign studies and fulfilling administrative requirements. US attorneys may also need to consider joining organizations like the US-Mexico Bar Association, which promotes understanding between the two countries' legal systems and provides a network for exchanging professional information. When seeking to practice law in Mexico, US attorneys should also be aware of potential differences in court procedures, currency control laws, and document authentication and translation requirements.

Foreign law firms in Mexico

Foreign law firms are permitted to establish a commercial presence in Mexico, such as a permanent office, to offer advisory services in foreign and international law. However, for foreign participation to establish a law firm with more than 49% foreign interest, a favourable resolution from the Foreign Investment National Commission (CNIE) is required.

There are no specific rules regarding advertising by foreign law firms in Mexico. However, specific rules relate to the use of names, which must be approved by the Ministry of Foreign Affairs when establishing a commercial presence.

To obtain a full licence to practise law in Mexico, foreign lawyers must meet certain requirements. If Mexico has signed an agreement with the lawyer's home country, only the requirements outlined in the treaty must be met. In the absence of such an agreement, the lawyer's services will be subject to reciprocity and the fulfilment of administrative requirements. Local lawyers may be employed by a foreign lawyer or firm, and foreign lawyers may provide services in some other form of commercial association with local lawyers.

Some notable foreign law firms with a presence in Mexico include Holland & Knight, a US-based firm with teams in Mexico City and Monterrey, and Duane Morris LLP, which maintains alliances and networking relationships in Mexico to facilitate inbound and outbound client business. Jáuregui y Del Valle (JDV) is another example of a foreign law firm in Mexico, having been founded in 1975 as a Mexican full-service law firm specialising in domestic and international business transactions.

US-Mexico Bar Association

The US-Mexico Bar Association was established in February 1994 to promote understanding of the legal systems and practices and cultural differences of the two nations. The association also facilitates the exchange of professional information among its members, concerning legal issues of common interest, such as trade, investment, and immigration.

The legal profession in Mexico differs from that in most other countries, especially the United States. In the US, attorneys must be admitted to the state bar association where they intend to practice law. This regulation ensures professional standards are maintained and protects clients from unscrupulous practices. In Mexico, however, bar association membership or examination is not required for legal practice.

Foreign lawyers can provide services in Mexico through various avenues. They can work in commercial association with local lawyers or establish a permanent office to offer advisory services in foreign and international law. If Mexico has signed an agreement with the foreign lawyer's country, they can obtain a full license to practice law with no additional requirements. Otherwise, they are subject to reciprocity and must fulfill administrative requirements.

When retaining a foreign attorney, it is essential to consider various factors. These include the attorney's qualifications, experience, and ability to communicate legal activities in a comprehensible manner. It is also crucial to discuss fees, billing schedules, and expected timelines. Additionally, individuals should be aware of the rules regarding attorney-client confidentiality in the foreign country.

The US Consulate maintains a list of attorneys in Mexico, organized by consular district, which can be a helpful resource for those seeking legal services in the country.

Foreign legal consultants

In Mexico, foreign lawyers can obtain a full licence to practise law. The relevant legislation is the Federal Law for Article 5th of the Constitution regarding the practice of professions in Mexico City. The governing body responsible for issuing the licence is the General Directorate of Professions. If Mexico has signed an agreement with the country the foreign lawyer comes from, the requirements are the same as those agreed upon in the treaty. If not, the services will be subject to reciprocity and the fulfilment of administrative requirements as provided in Mexican law.

Foreign firms can establish a commercial presence (a permanent office) to offer advisory services in foreign and international law, but foreign participation in establishing a law firm is limited to 49% unless a favourable resolution is obtained from the Foreign Investment National Commission (CNIE). Local lawyers may be employed by a foreign lawyer or a foreign firm, and foreign lawyers may provide services in some other form of commercial association with local lawyers.

When retaining a foreign legal consultant, it is important to consider factors such as language, fees, billing schedules, and communication preferences. Foreign attorneys may also delegate certain functions to notaries or similar professionals and may engage other legal professionals on your behalf.

Requirements for a full license to practice law in Mexico

To obtain a full license to practice law in Mexico, foreign lawyers must meet certain requirements. If Mexico has signed an agreement with the country of the foreign lawyer, the requirements are typically outlined in the treaty. However, if no such agreement exists, the ability to practice law in Mexico will depend on the international interchange and compliance with legal conditions between the two nations.

In Mexico, foreign lawyers must revalidate their legal education and pass a legal exam to be allowed to practice law. They must obtain a practice certificate, known as a "cedula professional," from the Bureau of Professions of the Ministry of Education. This certificate officially certifies their license and is granted upon completion of a five-year law degree program. It is important to note that US professional licenses are generally not recognized in Mexico, so accreditation in Mexico or collaboration with a Mexican counterpart is necessary.

Foreign firms can establish a commercial presence and offer advisory services in foreign and international law. However, to establish a law firm with more than 49% foreign participation, approval from the Foreign Investment National Commission (CNIE) is required. Additionally, to practice local law, these firms must hire local professionals.

To summarize, the requirements for a full license to practice law in Mexico for foreign lawyers include revalidating their legal education, passing a legal exam, obtaining a practice certificate, and adhering to the regulations governing commercial associations with local lawyers or firms.

Differences in attorney-client confidentiality laws

While the US and Mexico share certain similarities in their legal systems, there are also significant differences in attorney-client confidentiality laws.

In the US, the attorney-client privilege is a long-standing and well-established principle that protects confidential communications between an attorney and their client from disclosure, regardless of who possesses the information. This means that even if the client themselves discloses the information, it remains protected.

On the other hand, Mexican law does not have a specific regulation that explicitly protects attorney-client communications. Instead, Mexican law focuses on the obligation of legal professionals to maintain professional secrecy and confidentiality. This obligation is outlined in Article 16 of the Mexican Constitution, which recognises the right to the protection of personal data and the inviolability of private communications. The Regulatory Law of Article 5 of the Constitution, regarding the practice of professions in Mexico City, further emphasises this obligation. However, it's important to note that this obligation applies only to lawyers and not to other business personnel who may be involved in attorney-client communications.

Another key difference is that in Mexico, the protection of attorney-client communications is not absolute. While Mexican law generally respects the confidentiality of these communications, there are exceptions. For example, if a government authority has a legal obligation to make certain information public, any protection may be waived. Additionally, if a lawyer is implicated as a co-participant in an unlawful act, the confidentiality privilege does not apply.

Furthermore, while clients in Mexico can demand their attorney's files relating to their representation, there is no work product doctrine. This means that the client, not the attorney, is considered the owner of these files. However, materials prepared in anticipation of litigation or trial are typically protected by professional secrecy obligations.

It's worth noting that Mexico's antitrust authority, the Comisión Federal de Competencia Económica (COFECE), has released guidelines recognising attorney-client privilege in antitrust investigations. This development aims to encourage companies operating in Mexico to seek legal advice on antitrust issues without fear of their communications being used against them.

Overall, while both countries value the confidentiality of attorney-client communications, the specific laws and protections differ, reflecting the unique legal traditions and priorities of each nation.

Frequently asked questions