An American in Italy; Practicing Law Overseas with an American JD
By: Gary Cooper
For many Americans, the idea of living and working abroad is attractive. Who hasn’t fantasized about the being able to finish a day at work and driving home to a villa on the Mediterranean? Or about being able to see the Eifel Tower from your office window? Of course, for many Americans who dream about living in Europe, these fantasies are just that: fantasies. Life gets in the way. Family members, friends, finances, language barriers, and simple practicability prohibit many Americans from ever even considering the real possibility of living abroad. But say you decide to take the leap and you are going to make it work. You are going to live in Italy. The kids are young enough that a transition won’t be an issue. Your spouse can find employment. You start taking Italian lessons, and you are getting pretty good at the language. Let’s do this! But you are a successful American attorney, with an American JD, licensed with the specific State Bar in the United States. Can you even practice law in Italy? And let’s be honest, you need a high lawyer salary to make the move possible. You need the high lawyer salary to even make the move worth it. So, the question becomes: can an American practice law in Italy?
Unfortunately, the short answer is no, or at least, not very easily. To begin with, law is nation specific, and Italian law is based on civil law[1] where America practices on a common law system and relies on court precedent as well as civil law codes and rules.[2] To further complicate the differences between the law in Italy and the law you learned in school and practiced in the United States is the fact that Italian legal code is complicated and is frequently adapting and changing.[3] To practice law in Italy one must attend a five year Italian law school (Faculty of Law) before beginning a legal internship or traineeship under the supervision of another lawyer with at least five years of practice experience.[4] This traineeship lasts eighteen months.[5] This is followed by a six month apprenticeship at the Avvacatura dello Stato.[6] The Italian attorney must then take the State Examination for the Qualification to the Profession of Lawyer, which consists of three written and one oral exam.[7] Only then can the newly qualified lawyer register with the pertinent district and begin to practice law.[8]
This is not to say that there are no shortcuts for foreign attorneys wishing to live in Italy. The Italian code allows for European lawyers to practice in Italy on a permanent basis if the European attorney has become “established” in Italy.[9] Only then can a European attorney gain the title “avvacato” (the Italian title for attorney).[10] To become established, a European attorney must either take an aptitude test, or he or she must have worked as a resident lawyer in Italy continuously and exclusively for at least three years.[11] While establishment is an option for European attorneys because the European legal harmonization process allows European lawyers to practice law in any member states,[12] for the same reason it is not an option for American citizens. However, both European and American lawyers can become integrated into the legal professional system.[13]
It seems then that the only way for an American to come integrated into the Italian legal system is to start over and attend Italian law school. However, an American attorney can still get hired and practice law in Italy without going through this process, he or she just has to practice American law, not Italian law;[14] JD holders can live in Italy and give legal consultation on American law.[15] This is why many international law firms hire American attorneys to work in Italy,[16] working on international law and consulting on American law. International lawyers in Italy do occasionally deal with domestic financial deals, mergers and acquisitions, and have to learn some Italian Law.
Ultimately, if you want to be an American practicing law in Italy it will not be easy. To truly practice Italian law would require more school, work, and time than would be feasible for an already practicing professional who has just moved to a new country. And even if you, as an American lawyer, gets hired to work in international law, you still must learn Italian law, which is not easy. But it may be worth it. After all, who doesn’t want to live in Italy?
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[1] How to Become a Lawyer in Italy, Consiglio Nazionale Forense, (last accessed Oct. 4, 2020), https://www.consiglionazionaleforense.it/how-to-become-a-lawyer-in-italy
[2] Toni M. Fine, American Legal Systems: A Resource and Reference Guide, LexisNexis, (last accessed Oct. 4, 2020), https://www.lexisnexis.com/en-us/lawschool/pre-law/intro-to-american-legal-system.page#:~:text=The%20American%20system%20is%20a,of%20the%20matter%20before%20it
[3] Jack Benson, If I get a law degree in the U.S. (a J.D.), can I practice law in Italy if I immigrate there?, Quora, (June 29, 2020), https://www.quora.com/If-I-get-a-law-degree-in-the-U-S-a-J-D-can-I-practice-law-in-Italy-if-I-immigrate-there
[4] Consiglio, supra note 1.
[5] Nicola Canestrini, Can a Foreign Attorney at Law Defend in Italy?, CanestriniLex, (Dec. 2, 2014), https://canestrinilex.com/en/readings/can-a-foreign-attorney-at-law-defend-in-italy/
[6] Id.
[7] Id.
[8] Id.
[9] Id.
[10] Id.
[11] Id.
[12] European directives: the establishment of lawyers in Italy, Entering Europe, http://www.entering-europe.eu/italy/alien-lawyer.php (last accessed Oct 4, 2020).
[13] European and American Lawyers in Italy, Entering Europe, http://www.entering-europe.eu/italy/alien-lawyer.php (last accessed Oct 4, 2020).
[14] Legal Assistance, US Embassy & Consulates in Italy, https://it.usembassy.gov/u-s-citizen-services/attorneys/, (last accessed Oct. 4, 2020).
[15] Id.
[16] See Legal Jobs in Italy, Lawcrossing, https://www.lawcrossing.com/jobs/lc-Italy-jobs.html, (last accessed Oct. 4, 2020); See also International Law Lawyers in Italy, HG.ORG, https://www.hg.org/law-firms/international-law/italy.html, (last accessed Oct 4, 2020).