Practicing Law In Costa Rica: An American's Guide

The legal profession has seen a monumental shift since 2020, with video conferencing, virtual court dates, remote work, and cloud-based file management becoming the norm. This has allowed lawyers to work from anywhere in the world. In this context, one may wonder if an American lawyer can practice law in Costa Rica. The answer is yes, but there are a few requirements that need to be fulfilled. Foreign lawyers must apply to the University of Costa Rica to have their law degree assessed as being equivalent to a Costa Rican law degree. They must also sit for and pass the Bar Association's legal ethics exam. In addition, to work as an attorney in Costa Rica, one must have a basic level of education, a Bachelor's Degree, and a Master's Degree.

Foreign lawyers must apply to the University of Costa Rica to have their law degree recognised

Foreign lawyers intending to practice law in Costa Rica must apply to the University of Costa Rica to have their law degree assessed as being equivalent to a Costa Rican law degree. This is a mandatory step in the process of obtaining a full license to practice law in Costa Rica.

The recognition process in Costa Rica involves several steps, including document verification, registration, and completion of an application form. Foreign lawyers must submit legalized documents, such as their identity card or migratory document, along with documentary proof of their university degree. This proof must indicate that the institution issuing the degree had the authority to do so and that the degree obtained is valid and officially recognized in the lawyer's home country.

Additionally, foreign lawyers must provide certification of the subjects taken, grades, and the grading scale used. This information will be used to determine the equivalence of their law degree to a Costa Rican law degree. It is important to note that the legalization of documents can be done through the Costa Rican Consulate in the respective country or through The Hague Apostille Convention.

After having their law degree recognized, foreign lawyers can work towards obtaining a full license to practice law in Costa Rica. This typically involves sitting for the Bar Association's legal ethics exam and fulfilling other requirements set by the Costa Rican legal system.

It is worth noting that there are alternative routes for American lawyers to work in Costa Rica without necessarily obtaining a local law license. For example, they can work in the local office of a U.S. law firm, as an attorney in an international law firm, or for U.S. multinational companies as a legal liaison. These opportunities allow American lawyers to utilize their legal expertise in an international setting without needing to requalify in Costa Rica.

Foreign lawyers must pass the Bar Association's legal ethics exam

Foreign lawyers intending to practice law in Costa Rica must pass the Bar Association's legal ethics exam. The Costa Rican Bar Association (Colegio de Abogados) is the professional body that regulates the practice of law in the country. To be admitted to the Bar Association, foreign lawyers must first apply to the University of Costa Rica to have their law degree assessed as equivalent to a Costa Rican law degree. This process involves submitting transcripts, course descriptions, and other relevant documents to the University for evaluation.

The legal ethics exam covers various topics, including the Costa Rican Code of Legal Ethics, the role and responsibilities of attorneys, and the regulation of the legal profession in Costa Rica. It is designed to ensure that foreign lawyers understand the ethical and professional standards expected of them when practicing law in the country. The exam is typically administered in Spanish, and candidates are expected to have a strong command of the language to demonstrate their understanding of the material.

In addition to passing the legal ethics exam, foreign lawyers must also meet other requirements to practice law in Costa Rica. These requirements include obtaining a Residency Provisional Visa, which involves submitting a letter of application addressed to the Consul of Costa Rica, along with supporting documents such as a birth certificate, police clearance, and a valid passport. Foreign lawyers must also register with the Dirección Nacional de Notariado, the national notary registry, as all attorneys in Costa Rica are also notaries.

It is worth noting that the process of requalifying to practice law in Costa Rica can be time-consuming and complex. The specific requirements and procedures may vary depending on the lawyer's country of origin and the nature of their legal qualifications. It is essential for foreign lawyers to thoroughly research the requirements and seek guidance from the Costa Rican Bar Association or other relevant authorities to ensure they meet all the necessary qualifications and standards to practice law in the country.

Criminal proceedings in Costa Rica are held in Spanish

Foreign lawyers can practice law in Costa Rica, but they must first obtain a full license to practice in the country. This involves applying to the University of Costa Rica to have their law degree assessed as equivalent to a Costa Rican law degree and sitting the Bar Association's legal ethics exam. Foreign lawyers can also work overseas in the office of a US law firm or as an attorney in a foreign law firm.

The Costa Rican criminal law system differs significantly from that of Canada, for example, the investigative phase can be much longer, especially for complicated cases. There are no specific timelines for criminal proceedings, and they are only required to take place within a "reasonable duration". The duration of criminal proceedings in Costa Rica is often longer than in Canada.

If you are arrested in Costa Rica, you will be informed of your rights, including the right to know the cause of your detention, the right to inform someone of your choice that you have been arrested, and the right to be assisted by a lawyer of your choice or a public defender. You cannot be held in detention for longer than 24 hours without a court order, and in most cases, only a prosecutor can order the continued detention of an individual. During the arrest, all personal items, including travel documents, will be held in custody by the authorities.

If you choose to make a statement, the prosecutor's office must receive it within 24 hours of your detention. This can be extended if you have not yet obtained a lawyer. The prosecutor's office will then review all the elements of the alleged offense, both in favor and against you, to determine whether you should be prosecuted for a crime. This preliminary investigation phase must be completed within a "reasonable period of time", and you can request a specific date for its conclusion if you and your lawyer feel this period has passed. Once the debate is closed, the judge(s) will deliberate in a non-public session, and the decision is determined by majority vote in the case of more serious crimes. The right of appeal was incorporated into the Costa Rican criminal law system in 2011.

Costa Rica has one public law school and 16 private law schools

Foreign lawyers can practice law in Costa Rica, but they must first obtain a full licence to practise in the country. This involves applying to the University of Costa Rica to have their law degree assessed as being equivalent to a Costa Rican law degree, and sitting the Bar Association's legal ethics exam.

Costa Rica has one public law school and 15 or more private law schools. The public law school is the University of Costa Rica School of Law, which offers a five-year program. The private law schools offer programs ranging from three to five years. After graduating from an approved law school, students are authorised to apply for admission to the Costa Rican Bar Association (Colegio de Abogados y Abogadas de Costa Rica).

The country dedicates 6.5% of its GDP to education, one of the highest rates in the world, and has a literacy rate of 97.9%. The primary schooling options in Costa Rica are public, private, international/bilingual, and homeschooling. Private schools, or "escuelas privadas," are a preferred choice for many expat families as they provide a higher level of education with a more comprehensive curriculum, often including English language instruction. The tuition fees for private schools vary depending on the institution's reputation and the range of programs offered. Homeschooling is legal in Costa Rica but is subject to stringent regulations and requirements, and parents who wish to homeschool their children may need to meet specific qualifications or standards.

Foreign lawyers can re-qualify as local lawyers

The Costa Rican Bar Association (Colegio de Abogados) publishes a schedule of Minimum Fees, which attorneys in Costa Rica have to charge by law. However, depending on the complexities of the case, the expertise of the attorney, and other factors, the fees can be substantially higher than the ones contained in the official schedule. Attorneys do not have to be notaries to practice law in Costa Rica, but all notaries must be attorneys. All attorneys must belong to the Colegio de Abogados, Costa Rica's bar association, and notaries must be registered with the Dirección Nacional de Notariado.

To work as an attorney in Costa Rica, individuals must complete their basic levels of education, a Bachelor's Degree, and then their Masters. After having temporary residency for three years, one can apply for permanent residency. A permanent resident can work legally in Costa Rica, while a temporary resident can own or run a business but must employ locals to do any labor.

There are many opportunities for American lawyers to live and work overseas. They can work in the office of a U.S. law firm or as an attorney in a law firm abroad. They may also work for U.S. multinational companies as the local legal liaison overseas. They can be assigned to an overseas office of a particular firm or corporation, a foreign office of an international organization, or a U.S. consulate or embassy in a foreign country.

Some law firm owners are choosing to work remotely and travel to far-flung places. They are checking the relevant rules of professional conduct to avoid accidentally running afoul of any unauthorized practice of law.

Frequently asked questions