The Norwegian Bar Association has several foreign advocates as members. What they have in common is that they have acquired a license to practice law in Norway from the Supervisory Council for Legal Practice.
There is a difference regarding the type of license given to advocates from countries outside the EEA and those within, which enables them to provide legal assistance on a permanent basis in Norway. There is also a difference between those who wish to provide legal aid on a permanent basis in Norway, and those who only want to operate as ”guest advocate”.
1. Advocates from outside the EEA
If advocates from countries outside the EEA wish to provide legal assistance on a permanent basis in Norway, consistent with section 10-6 in the Regulations for Advocates, they have to acquire a license from the Supervisory Council for Legal Practice in order to be able to "provide legal assistance in foreign and international law." This means that they can also provide legal assistance in foreign and international law, as long as they have a license from the Supervisory Council for Legal Practice. These advocates can provide legal assistance during legal proceedings and outside, as long as it is done in accordance with section 10-4, cf. 10-7
Furthermore, according to section 10-8, those who wish to provide legal assistance in accordance with their license, cf. § 10 6, must provide a security. In addition, they have to meet two other conditions:
- To make a financial contribution to the Supervisory Council for Legal Practice and to the Disciplinary Council for Advocates (both contributions will be collected by the Supervisory Council)
- To provide a willingness declaration from a registered public accountant. It is possible to apply for a dispensation from the willingness declaration. Advocates may be eligible for dispensation if they are permanently employed and lack access to client assets.
2. Advocates within the EEA
Advocates operating within the EEA must, according to section 10-2, submit a note with attachments to the Supervisory Council for Legal Practice to prove that they are qualified before being allowed to establish a permanent legal practice. EEA advocates can provide legal assistance in foreign, international and Norwegian law. The EEA advocates can also provide legal assistance during legal proceedings and outside, cf. 10-4. Moreover, they have to provide a security before beginning their practice. In addition, they have to fulfill two other conditions:
- To make a financial contribution to the Supervisory Council for Legal Practice and to the Disciplinary Council for Advocates ( both contributions will be collected by the Supervisory Council)
- To provide a willingness declaration from a registered public accountant. It is possible to apply for a dispensation from the willingness declaration. Advocates may be eligible for dispensation if they are permanently employed and lack access to client assets.
3. Guest Advocates
Regarding foreign advocates’ permission to act as ”guest advocate”, section 10-10 states that ”Foreign advocates established in other countries can provide legal assistance in Norway". Section 10-10 deals with:
• Foreign advocates outside the EEA
• Foreign advocates within the EEA
• Advocates without permanent practice in Norway
• Advocates that have practice outside Norway and who are operating under another country’s jurisdiction
The regulation does not restrict advocates to practicing foreign and international law. In other words, they can provide services in accordance with Norwegian law. They are not required to acquire a license from the Supervisory Council for Legal Practice, but the advocates may be required to submit documentation that they actually practices law abroad, cf. section 10-12.